Scotland needs a watertight ban on conversion practices
The Scottish Greens are urging the SNP Government to put a watertight ban on so-called ‘conversion therapy’, or conversion practices, at the heart of next week’s Programme for Government.
Conversion practices are any acts intended to change or suppress someone’s sexual orientation or gender identity. Scotland is now the only place in the UK that has not introduced a draft bill to end them.
In 2024, the Scottish Government shelved its commitment to ban these practices, arguing, against the advice of a Scottish Parliamentary committee, that a UK-wide approach would be better — despite having completed a consultation, worked closely with survivors and built consensus with human rights organisations.
In June, the UK Government published legislation covering England and Wales, but not Scotland. Human rights and equality groups have already warned that Westminster’s proposals contain serious limitations and potential loopholes and are concerned that the Scottish Government will opt into this much less effective ban rather than introducing their own.
Writing to the Minister for Equalities, Simita Kumar, the Scottish Greens equalities spokesperson, Kate Nevens MSP, has urged the Scottish Government to ensure that change is delivered urgently and effectively.
Kate said:
“Conversion practices are cruel, abusive and profoundly damaging. They have no place in modern Scotland. No one should ever be made to feel that who they are is something that needs to be fixed, changed or erased.
“A comprehensive ban in Scotland has been promised for far too long. Next week’s Programme for Government must see that promise turned into action.
“We need Scotland-specific legislation to come to Parliament for scrutiny as soon as possible.
“The UK Government’s current draft bill on conversion practices not only fails to cover Scotland, it also fails to adequately address all forms of conversion practices and protect everyone from harm.
“Any ban must be watertight. It must protect everyone affected, leave no loopholes for abuse and ensure that no-one is left behind. We should listen carefully to the concerns already being raised about the Westminster proposals, and learn from them to make sure Scotland delivers the strongest possible protections.
“Much of the groundwork has already been done in Scotland to develop a Scotland-specific bill. We have an opportunity now to build on that work and deliver legislation that is ambitious, effective and worthy of the people it is intended to protect.
“Far too many people have endured the fear, shame and trauma of these dehumanising practices. Their experiences must not be ignored, and future generations must never have to go through the same thing.
“We are urging the Scottish Government to use next week’s Programme for Government to commit to delivering a comprehensive ban that LGBTQ+ people and survivors deserve and have waited long enough for. If the Government is prepared to act, they will have our full support.”
TEXT OF LETTER FROM KATE NEVENS TO SIMITA KUMAR
Dear Simita Kumar
I am writing to urge the Scottish Government to use next week’s Programme for Government to deliver on its long-standing commitment to ban conversion practices in Scotland.
Survivors have consistently described these practices as deeply harmful, causing lasting trauma, poor mental health and social exclusion.
Every person deserves the freedom to live openly and authentically without fear of coercion or abuse. No individual should be made to feel that their sexual orientation or gender identity is something that requires correction or change. Such practices are fundamentally at odds with the values of dignity, equality and respect that should underpin modern Scotland.
Scotland is now the only part of the UK where a bill has not been introduced to end these practices.
The UK Government’s current draft bill on conversion practices not only fails to cover Scotland, it also fails to adequately address all forms of conversion practices and protect everyone from harm.
Concerns raised by equalities organisations in Scotland include its broad examples for health, and pseudo-health, care settings; and potential loopholes for supposed ‘consent.’
Given the UK Government's poor track record on advancing LGBTQIA+ rights, we are also concerned that there is scope for the bill to become less effective and inclusive as it passes through Westminster. We urge the Scottish Government not to commit to this draft legislation, especially at such an early stage where its content is far from finalised.
It is essential that we have Scottish-specific legislation that provides meaningful protection for all those at risk. It should be carefully drafted to prevent potential loopholes and should take account of the experiences and concerns of survivors.
The Scottish Government should consider the lessons emerging from proposals at Westminster to ensure that Scotland’s approach provides the strongest possible safeguards and that no-one is left behind. Legislation should also be accompanied by the introduction of non-legislative measures, including public education and support for survivors
Much of the groundwork has already been done through the previous session’s consultation and stakeholder engagement to develop a Scotland-specific bill. I would encourage the Government to make full use of this work as well as new expertise and evidence that has been developed over recent years and to bring forward legislation that is robust, enforceable and capable of providing genuine protection.
The experiences and wellbeing of those who have been subjected to conversion practices must be central to this work. Their voices should be heard, their suffering recognised, and every effort made to ensure that others are protected from experiencing similar harm in the future.
Far too many people have already had to endure the fear, shame and trauma caused by these dehumanising practices. It is on all of us to ensure that future generations never have to go through the same thing.
Next week’s Programme for Government can be a turning point in committing to deliver the comprehensive ban on conversion practices that LGBTQ+ people and survivors deserve and have waited far too long for.
We urge the Scottish Government to introduce a strong and comprehensive Scotland-specific bill as soon as possible, in which you will have our full support.
Yours sincerely,