Conversion Practices (Prohibition) Bill

Debate between William Cash and Lloyd Russell-Moyle

2nd reading
Friday 1st March 2024 Commons Chamber

[Lloyd Russell-Moyle]

I do not believe that the Bill would catch people who express personal reservations about certain processes; it would catch people who have prepared programmes and activities, not ad hoc activities. I will come on to that safeguard in a moment. That is exactly why we need to get the words and safeguards right, and why we need to do so in a Bill Committee. We must not reject the Bill, because the hon. Lady might find that we go out of the frying pan into the fire.

The Bill allows Ministers in Northern Ireland and Scotland to enact it within their jurisdictions, but only with the consent of their respective national legislators. It creates offences in relation to people being sent abroad, and it uses existing language for the law to provide fines to be issued. My aim is not to lock people up but to stop this practice.

The key to the Bill is contained in the definition of “conversion practice”, which must be

“a course of conduct or activity”.

A course of conduct in English law is something that happens more than once, and an activity is not ad hoc but a planned intervention. That does not include one-off, impromptu actions; there must be a predetermined purpose. That is a higher threshold than just immediate intent. The predetermined outcome must have been indicated before the course of conduct or activity started, not during it. That provision protects people having thoughtful conversations, who could of course question people via that process.

The Bill says:

“to change someone’s sexual orientation or to change a person to or from being transgender”

includes

“to suppress a sexual orientation or transgender identity”.

I know some have been nervous about that wording, but I must be clear that suppression must be at the level of negating the identity or orientation. That means that the very being of their orientation must be changed in some way. Many gay people never have sex. Many transgender people do not wear gendered clothes. Those actions do not constitute suppression; they do not negate the orientation or identity in full or in part. It cannot be claimed that this wording is therefore an overreach.

The Bill would use only pre-existing terms from other laws to describe “sexual orientation”, “transgender” and “transgender identity”. I have received an interesting representation in the past few days that we should use the term “being transgender”, rather than the interchangeable terms “transgender” and “transgender identity”, with “transgender” being more clearly defined in the law we have at the moment. If that is better wording, it is the sort of thing I would willingly accept in Committee, after we have had the discussion. That is a real reason for us to get into Committee and work out those details. Sexual orientation is, of course, defined in the Equality Act 2010 in terms of a person having sexual feelings towards

“(a) persons of the same sex,

(b) persons of the opposite sex, or

(c) persons of either sex.”

That definition is used in section 66 of the Sentencing Act 2020, where “transgender” is defined in subsection (6)(e) as follows:

“references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment”.

The term “transgender” is also used in subsection 1(e), which states:

“hostility related to transgender identity”.

Members might not like these terms and they might not think they should be in law already, but they are. It therefore seems strange that we then get caught up in a debate on things that this House has already decided upon.

[Sir William Cash (Stone) (Con)]

The hon. Gentleman has not yet referred to clause 7. I would be most interested to know whether he is going to explain how this review would operate. It applies in different places, with different terms, and it proposes amendments. At the moment, it looks completely unworkable and will put people in a position where they could be criminalised, guilty of an offence, but at the end of the day the amendments could be then made—what on earth do the courts make of all that?

[Lloyd Russell-Moyle]

I will come on to every clause as we go through this, so the hon. Gentleman does not have to worry about that.

This is a contentious area, and we have heard in the debates in the other place about how people are genuinely and understandably worried, so I have sought clarifications on several areas. I believe that the balances are correct, but I of course acknowledge that there is a lot of fear in this area and that sometimes, no matter what reassurance one can give in law, people remain fearful until they realise that the practice actually protects. I hope that Members will look at the wording and application of these clarifications carefully, as they cover all the examples that I have been sent. I still have not found one that is not clear in this Bill.

On the expression of religious belief, I might not like the fact that a priest or another religious figure can stand up on their religious day and say there should not be LGBT people or that they should convert. In my view, that is not a pleasant thing to say, but it is also not conversion practice. We have ensured that as long as it is not targeted to a specific individual and as a course of conduct—a repeated activity towards an individual—it will never be an offence. As Lord Herbert said in the other place:

“We should never legislate lightly in the religious sphere, but Parliament has done so before to prevent harm.”—[Official Report, House of Lords, 9 February 2024; Vol. 835, c. 1896.]

We should do so again. This clause allows full compliance with human rights law and does not restrict the general expression of religious belief.

On freedom of expression, we have a similar clause: the expression of acceptance or disapproval may be distasteful to an individual, but it is not conversion practice. Even repeated expressions to an individual, unless they form part of a predetermined purpose that is planned as a course of conduct, are not captured in this Bill.

We have heard from practitioners who worry that they are currently working in the “wild west”, particularly in respect of counselling and therapy. There are few guidelines about how they can conduct their practice in this area and people on all sides shout at them, saying that one thing or another is conversion therapy. This Bill will, for the first time, give health practitioners the protection they need. Health practitioners are regulated or overseen by the Professional Standards Authority, which is following their professional judgments. The PSA was established by Parliament and regulates the statutory regulators and the non-statutory registers. There are 12 non-statutory accredited registers for counsellors or psychotherapists in the PSA, with the two largest being those of the UK Council for Psychotherapy and the British Association for Counselling and Psychotherapy, but the list includes smaller specialist organisations such as the Association of Christians in Counselling and Linked Professions or the UK Association for Humanistic Psychology Practitioners. Health practitioners are free to choose the relevant body to join. Each accredited register is entitled to develop its own approach to sexual orientation and transgender identity. There is already a diversity of views within those bodies, but none has objected to the Bill going to Committee.