Conversion practices law put on pause by Scot Govt

The Scottish Government has delayed its controversial plans to outlaw ‘conversion practices’ in favour of “complementary approaches across the UK”.

The SNP recently held a consultation on its plans to outlaw ‘practices’ that seek to change, suppress or inhibit someone’s sexual orientation or gender identity. But First Minister John Swinney did not include it in his Programme for Government in light of Westminster’s pledge to introduce a draft Bill this parliamentary session.

Instead, he announced that he would introduce the plans to Holyrood “should a UK-wide approach not be achievable”.

‘Difficulties’

During First Minister’s Questions, Swinney told MSPs: “We think it is a pragmatic step to take to work with the United Kingdom Government to determine if there is a UK-wide approach to this which will enable us to avoid some of the difficulties we found ourselves in in relation to the gender recognition legislation.”

The Gender Recognition Reform (Scotland) Bill was initially approved by Holyrood, before it was blocked by Westminster when Scotland Secretary Alister Jack enacted Section 35 of the Scotland Act 1998, effectively vetoing it.

The SNP still intends to resurrect the Bill if the UK Government lifts its veto, which would allow 16-year-olds to change their legal sex by self-declaration without a medical diagnosis, and reduce the waiting time for adults from two years to just three months.

According to the SNP’s LGBT group Out for Independence, the Scottish Government admitted it is delaying the plans for the ban on conversion practices to ensure it doesn’t “end up facing judicial review”.

‘Intrusion’

Earlier this year, The Christian Institute threatened the Scottish Government with legal action if it pursues its plans.

As the public consultation on the proposals closed, Institute Public Affairs Officer Joanna Timm said the new law risked criminalising churches and parents.

In a legal opinion, Aidan O’Neill KC advised the Institute: “if passed this legislation would criminalise parents who sought to exercise any form of parental authority or guidance in relation to their children as regards issues around sexuality and gender which conflicted with the official position now adopted by the State”.

He concluded that there are very strong arguments that the plans are “beyond the legislative competence of the Scottish Parliament, primarily because of their over-breadth, their disproportionate intrusion into private and family life and freedom of religion and freedom of expression, but also because of their internal incoherence”.