Majority do not support Scottish Government proposals for new conversion practices law

Recently published analysis of the Scottish Government’s consultation on ‘Ending Conversion Practices’ has revealed that a majority of respondents do not support a new law.

The consultation attracted 5,800 responses, 54% of which stated that they did not support the proposal for a new law banning conversion practices, whilst only 45% said that they supported the proposal.

The Scottish Government admitted that conversion practices can “vary greatly from case to case” and include a “broad range of conduct”. This conduct, according to the Government’s original consultation paper would include celibacy, and would also include “restricting where a person goes and who they see” and “controlling a person’s appearance (e.g. clothes, make-up, hairstyle)”; the latter being examples of normal, everyday parenting.

The proposals have been described as ‘ill thought-out, confusing, and fundamentally illiberal’ by legal expert Aidan O’Neill KC, who also said that they mark a disproportionate intrusion into private and family life and freedom of religion and freedom of expression.

The official government analysis refers to many of the concerns that the Bishops’ Conference of Scotland expressed in its submission to the consultation, including the impact of the proposals on religious freedom that could negatively affect the everyday work of churches, and the potential for criminalising mainstream, loving parenting.

In their submission, the Bishops of Scotland condemned violent, abusive and coercive practices and commended the Scottish Government in its “commitment to protect vulnerable people”. The bishops added, however, that the proposals appear to go “far beyond what is necessary to protect the vulnerable” and pointed to existing laws which serve to protect those who may be affected.

Minister for Equalities, Kaukab Stewart, said that it was not the intention of the legislation to “affect anyone’s ability to parent their child or right to practice their religion” and that, despite, the results of the consultation, the Scottish Government remains committed to legislating in this area.

The Minister confirmed that the Scottish Government will continue to engage with the UK Government regarding a proposed Bill that would cover Scotland, England and Wales. If this cannot be agreed, the Scottish Government has committed to bringing forward its own Bill early in the new Parliament.

The Catholic Parliamentary Office will continue to monitor all developments in this area and respond accordingly.