Individuals found to be carrying out so-called 'conversion therapy' against LGBTQ+ people in England and Wales could face severe penalties, including up to five years in prison and unlimited fines, under a new draft bill published by the Government. The proposed legislation seeks to outlaw abusive practices that aim to alter an individual's sexual orientation or gender identity, a move described by campaigners as a 'historic and long overdue' milestone.
The CEO of Stonewall, Simon Blake, welcomed the draft bill, stating that it represents a crucial step forward for LGBTQ+ equality. He emphasised that 'LGBTQ+ people are not broken or in need of ‘fixing’' and highlighted the bill's importance in fostering a safer and more inclusive future amidst increasing hostility towards the community. The publication of this bill follows eight years since former Prime Minister Theresa May first pledged to introduce legislation to ban conversion practices, a path that has been marked by political disagreements and policy reversals under subsequent administrations.
Previous attempts to legislate on this issue faced significant hurdles, including a period under Boris Johnson's government where plans to scrap the ban entirely were considered, before a revised proposal to include only sexual orientation and not gender identity was put forward. This decision sparked considerable backlash, leading to the cancellation of an international LGBT conference. Opponents of the legislation have raised concerns about potential infringements on free speech, religious practices, and parents' ability to openly discuss these topics with their children.
The Labour Party has consistently expressed its commitment to advancing a ban, stating in its manifesto that it would push ahead with such legislation. The party affirmed that the criminal threshold under the new law would target 'conduct that aims to change someone’s sexual orientation or transgender identity through abusive acts that seriously harm the victim'. Crucially, the bill is also set to incorporate safeguards designed to protect 'legitimate healthcare and therapy' alongside open conversations and free speech.
Dr. Hilary Cass, author of the independent review into gender identity services for children, underscored the importance of ensuring healthcare professionals can provide holistic care without fear of litigation, a consideration the Minister for Equalities has kept in mind. Beyond criminal penalties, the bill will also establish a new civil conversion practice protection order. This mechanism is intended to proactively support individuals at risk of abuse, drawing parallels with existing protection orders for forced marriage and female genital mutilation. Olivia Bailey, the Minister for Equalities, highlighted that existing laws, covering areas like domestic violence and coercive control, do not adequately address the specific nature of abusive conversion practices, necessitating this new legislation to close 'legal loopholes' that have left LGBT+ people vulnerable.