Lawyers’ professional body issues warning over conversion therapy ban Bill

NORMAL parental guidance and prayer may fall foul of proposed legislation to prohibit conversion therapy practices in Scotland, solicitors have warned.

A submission to the Scottish Government from the Law Society of Scotland says a “more precise” approach should be taken using “clear and meticulously drafted” wording.

Writing in response to a consultation paper on the proposal, the professional body for solicitors says normal forms of therapy such as cognitive behavioural therapy could be criminalised.

The submission, with input from Law Society committees covering public policy, criminal law, family law and human rights law, warns the definition of conversion therapy could include “praying with anyone about their sexual ethics or sexual behaviour, or offering counselling on such issues”.

The convener of the Law Society’s public policy committee, John Mulholland, said: “We support this policy’s aims around conversion practices that cause harm and distress to people because of fundamental aspects of who they are, but believe this draft legislation is too broad.

“New laws, particularly criminal legislation, must be shown to be necessary and a fair and reasonable means of addressing a clearly identified problem. Such laws must be clear and meticulously drafted to ensure that innocent conduct is not criminalised.

“This proposed legislation currently does not meet these fundamental requirements, and significant refinement is needed so it doesn’t capture circumstances which should be beyond legal reproach. For example, we believe it could apply to common forms of therapy such as cognitive behavioural therapy.”

The consultation has been launched to progress the Scottish Government’s 2022 commitment to introducing a Bill to end conversion practices, including those related to both sexual orientation and gender identity.

Conversion therapy is the practice of trying to stop or suppress someone from being gay, or from identifying as a gender different to their sex.

Extreme forms include exorcism and physical violence but it can also include deprivation of food or prayer.

There have been concerns raised that normal parental controls would be criminalised and, following a backlash, the Scottish Government moved to counter this.

Maggie Chapman, Scottish Green Party MSP, said she was “pleased” the Law Society recognises the need to ban cruel and abusive practices and welcomed the submission.

She added: “I know that the Law Society’s response will be read and considered carefully, as will all the responses received.”