Scottish Government consults on ending conversion practices

Consultation on measures to protect people from harm

Views are being sought on planned legislation to end conversion practices which seek to change or suppress a person’s sexual orientation or gender identity.

The consultation presents detailed information on proposals for legislation in Scotland, setting out what the law would cover and how it would work in practice.

The proposed legislation seeks to prevent and respond to harmful acts while protecting existing freedoms including speech, religion and belief.

Situations that could be covered by the proposed legislation, if carried out with the intention to change or suppress a person’s sexual orientation or gender identity and which cause that person harm, include:

  • therapy or counselling that requires a person to change or suppress on their same sex attraction
  • prescribing medication to suppress a person’s sex drive
  • repeatedly or continuously controlling a person’s activities and appearance
  • repeatedly or continuously threatening or humiliating someone

Equalities Minister Emma Roddick said: “Conversion practices, which aim to change or suppress a person’s sexual orientation or gender identity, are damaging and destructive acts that violate people’s human rights. Sadly, these practices still happen today and they have absolutely no place in Scotland.

“In taking forward our commitment to ban conversion practices we are leading the way in the UK and joining the growing list of countries acting to address this harm.

“The consultation responses we receive will help us to further consider those measures we can take to stop the harm of conversion practices and protect those at risk while ensuring that freedoms – including freedoms of speech, religion, and belief – are safeguarded.”

Chief Executive at LGBT Health and Wellbeing Mark Kelvin said: “Conversion practices are widely discredited and extremely harmful and have no place in any inclusive society.

“Whilst we’d like to think that they’re a thing of the past, or not happening in Scotland, we know that some LGBTQ+ people in Scotland are still being subjected to these abhorrent practices and we welcome the Scottish Government’s leadership and action on this issue.

“Our freephone helpline is staffed by a trained team who specialise in LGBTQ+ mental health and wellbeing. Callers can expect compassionate and non-judgmental support, resources to help navigate their experiences, and referrals to other support if needed.”

The consultation runs until 2 April 2024.  

Support is available through the conversion practices helpline.

‘Conversion practices have no place in Scotland’

Expert group to advise on ban in Scotland

An expert group is to be established to advise the Scottish Government on the banning of conversion practices, which aim to change a person’s sexual orientation or gender identity.

The group will include people with personal experience of conversion practices as well as representatives from LGBTI organisations, faith and belief communities, mental health professionals and academics.

The Scottish Government has committed to introducing legislation to end conversion practices as comprehensively as possible within devolved powers by the end of 2023.

It is anticipated the expert advisory group will begin its work early next year and this, alongside recommendations from the Equalities, Human Rights and Civil Justice Committee and other evidence and research, will inform the Scottish Government’s approach.

Social Justice Secretary Shona Robison said: “We are clear about the need to end conversion practices in Scotland –  ensuring that everyone, regardless of their sexual orientation or gender identity, is safe from them. These practices are harmful, discriminatory, and have no place in our society.

“Work is now underway to establish an expert advisory group on banning conversion therapy and its remit will include recommending an agreed definition of conversion practices.

“We will explore how legislation can best protect and support those who need it, while ensuring that freedoms – including freedoms of speech, religion, and belief – are safeguarded.

“We are also considering what non-legislative steps we can take to end conversion practices, and support survivors.”

The 2021-22 Programme for Government commitment to end conversion practices is also part of the shared policy programme between the Scottish Government and Scottish Green Party.

The remit of the new expert advisory group will include:

  •      recommending an agreed definition of conversion practices;
  •      drawing together existing data and evidence on conversion practices, including international practice; 
  •      advising on potential actions to ban, end, or reduce conversion practices;
  •      advising on support for victims and survivors;
  •      advising on aligning any ban with commitments to protect freedom of expression and freedom of religion, in line with existing legislation;
  •      advising on how mental health services, religious bodies and other professionals should be supported to provide appropriate services to people seeking help and advice in relation to their sexual orientation or gender identity