Healthcare ‘would not fall under remits’ of conversion therapy ban Bill
The Government unveiled its draft Conversion Practices Bill on Thursday
A trans-inclusive conversion therapy ban will not see healthcare workers criminalised for speaking about sexuality and gender with their patients, a minister has said.
The Government unveiled its draft Conversion Practices Bill on Thursday, designed to stop abusive attempts to change someone’s sexual orientation or gender identity.
Equalities minister Olivia Bailey told the Commons: “This Bill does not remove anyone’s rights to freedom of expression or religion or how to parent – this Bill simply prevents abuse.
“And to ensure there is no inadvertent chilling effect on important healthcare, there is an exemption for all healthcare professionals on the face of the Bill.”
She faced a question from Lisa Smart, the Liberal Democrat MP for Hazel Grove, who asked how the proposal would stop somebody setting up, for example, “a mental health charity in an attempt to circumvent the aims of this Bill”.
Ms Bailey replied: “It is my view that legitimate healthcare would not fall under the remits of this Bill in any way, shape or form, because legitimate healthcare would never be abusing somebody to try and change their identity and causing them serious harm.”
She repeated she had heard concerns a conversion therapy ban could have “a chilling effect” on healthcare.
She continued: “We don’t want that because therapy and good therapy and good conversation is really important.
“That’s why we put this exemption on the face of the Bill.
“But I’m also clear that if somebody falls below the standards that would be expected of them in a healthcare profession, they will fall within this Bill.
“So, that would prevent the example which she outlines, where somebody is pretending to be a healthcare professional in order to do an abusive conversion practice.”
Danny Beales, the Labour MP for Uxbridge and South Ruislip, asked whether MPs would have time to discuss “the definition of medical professionals, so this can be tightly defined”.
Ms Bailey replied: “Yes, there will absolutely be time.”
The minister added: “Of course, the question of the definition of healthcare workers is a matter for the Department of Health and Social Care, who I know will work closely with us through that process as well.”
Rebecca Paul, the Conservative MP for Reigate, said she was “worried that there is scope for positive, healthy interactions within a family to potentially fall into this Bill”.
She asked how the law might interact with the Pathways clinical trial, which explores how taking puberty suppressing hormones impacts young people who do not identify with their birth sex.
Children need parental consent to take part in the programme.
Ms Paul said: “If a child wants to transition and wants to participate in the Pathways clinical trial, and if their parents don’t consent, will that be an abusive conversion practice under this Bill?”
Ms Bailey replied: “I am clear that this Bill will not impact the ability for parents to parent how they wish.”
She added: “There has to be an intent to change, there has to be abuse.
“And the abuse that we have defined in this legislation mirrors the abuse in the Domestic Abuse Act.
“And thirdly, there has to be serious harm.”
Conservative shadow equalities minister Mims Davies said stopping abuse “rightly commands” cross-party support, but added: “We must be careful that bad laws do not get on to the statute book.”
She warned the Government must “demonstrate why existing criminal law is insufficient and how a new offence would materially improve outcomes”.
Responding, Ms Bailey said “there are gaps in existing law”, for example, in domestic abuse legislation which is “designed for somebody who has a relationship with an intimate partner and would not capture an offence for somebody that they did not know”.
A person who causes harm or distress in trying to change someone else’s sexual orientation or gender would face up to five years in prison or an unlimited fine, according to the Government’s proposal.