An MLA’s private consultation into so-called conversion therapy appears to merely rehash old and discredited proposals, The Christian Institute has said.
Alliance MLA Eoin Tennyson indicated that he intends to introduce a Private Member’s Bill on the subject, which would criminalise anyone who engages in a ‘conversion practice’.
Earlier this year, the Scottish Government shelved its own legislation, admitting it was likely to provoke a legal challenge, and asked the Westminster Government to legislate instead.
Innocent criminalised
The Institute’s Northern Ireland Policy Officer James Kennedy said: “Whenever proposals are put forward on ‘conversion therapy’ they inevitably cover innocent activity like parenting and the ordinary work of churches, including prayer and pastoral care.
“Near-identical proposals were offered by the Scottish Government, and it was not only Christians who feared they were at risk of being unjustly prosecuted. LGB groups, teachers, lawyers and concerned parents all raised serious objections.
“Almost every newspaper pointed out that a law like this would criminalise innocent people who merely refused to go along with LGBTQI+ ideology.”
“It is no surprise the Scottish Government was swift to abandon the plans out of fear they would face judicial review. With parents facing seven-year jail sentences, and pastors unable to pray with church members or encourage repentance, of course the Scottish Government was at risk of losing a legal battle on a new law.”
Not fit for purpose
Mr Kennedy continued: “Mr Tennyson has copied the threshold from the Scottish plans. The broad definition of ‘harm’ would mean a parent could be prosecuted for discouraging their child from gender transition or sexual experimentation. Even saying ‘you might regret it’ could be seen as causing fear and thus be illegal.
“Northern Ireland’s politicians must learn from the Scottish experience. The plans proposed by Mr Tennyson were abandoned by what many consider one of the most ‘progressive’ legislatures the UK has ever seen. Does anyone really think they are fit for purpose here?
“There will be an uphill battle for anyone claiming there is a need for this law.”
The Alliance Party has published a diagram showing how the Bill would work, which is almost identical to shelved Scottish proposals.
Serious objections
When the Scottish Government launched its proposals, Aidan O’Neill KC wrote an independent legal opinion for The Christian Institute describing them as “fundamentally illiberal”. He noted that the proposals contravened the European Convention on Human Rights on no fewer than four grounds.
The Law Society of Scotland, which represents 13,000 solicitors in Scotland, warned that the definition of conversion therapy could include “praying with anyone about their sexual ethics or sexual behaviour, or offering counselling on such issues”. It said significant changes needed to be made.
Mr Tennyson has chosen to consult privately through the Alliance Party website rather than in cooperation with the Assembly.
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