Ministers reflecting on fears for family life over ban on conversion therapy
Scottish Government has said it will “reflect” on concerns that have been raised about the impact on family life of its controversial plans to ban “conversion therapy”.
Officials said they recognised critics had raised fears parents could be criminalised under the proposals.
It comes after ministers published plans to ban conversion therapy as part of a consultation.
The proposals include introducing new laws to criminalise the practice, which sees people attempt to change or suppress the gender identity or sexual orientation of another person.
The move has sparked concern among some, with the Catholic Church in Scotland warning the law could create a “chilling effect”.
Writing on social media, Roddy Dunlop KC, Dean of the Faculty of Advocates, said the definition of conversion practices set out in the document was not “legally coherent”.
In a briefing for journalists, a Scottish Government spokesthe woman was asked if she recognised there is a risk the parent-child relationship could be disrupted and parents prosecuted.
She said: “I recognise the concern that’s being expressed, and we’re reflecting. Our current analysis is that the provisions don’t bring in a serious risk of that, but I’m listening to the concerns that are being expressed by people who are bringing those concerns.”
She said the intention was not to deal with “normal, regular, parent-child dynamics, but to get into conduct that is abusive and harmful”.
The consultation, published last week, said proposed new criminal offences would address "the most serious and harmful forms of conversion practices”, with jail sentences of up to seven years for the worst offenders. The laws would partly target “coercive” behaviour.
The document said this should include “controlling” behaviour – that is, actions that “regulate, restrict, or monitor a person’s behaviour or otherwise deprive them of their own freedom of action”. It gives the example of “preventing someone from dressing in a way that reflects their sexual orientation or gender identity”.
There are concerns this risks criminalising parents who do not let their child dress as the opposite gender, or who do not let them take puberty blockers, for example.
The Scottish Government spokeswoman said: "The intention is only to address acts that are harmful and abusive and coercive. It’s not intended to address parental advice, discussion, day-today parental controls. We are intending to address acts that are in the more abusive space. But we’re going to reflect on all the feedback.”
Under the plans, prosecutors would have to prove anyone engaging in conversion practices intended to change a person’s sexual orientation or gender identity and that the practices or services caused physical or psychological harm. The spokeswoman said the government is “switching into listening mode” after launching the consultation adding: ”It’s very early days – we’ve only published [the consultation] ten days ago.”
Perspective, page 21