FM urged not to drop Holyrood conversion practices ban

Supporting the UK's law to come into force north of the Border could allow the SNP to avoid fresh disagreement on a social policy area potentially controversial inside the SNP at a time when Mr Swinney is keen to unite the party following its general election defeat this month and ahead of the Holyrood election in 2026.

The party became embroiled in major rows over the Gender Recognition Reform Bill, designed to make the process easier for trans people to change their legal gender, with prominent former SNP MPs such as Joanna Cherry and Mhairi Black taking different sides with the former opposing and the latter supporting gender self-identification.

Former rural affairs secretary Fergus Ewing - who was among the SNP GRRB rebels - has already called for Mr Swinney to drop plans for a ban on conversion practices. 

However, the SNP's former partners in government, the Scottish Greens, have made clear they will stand against any moves by ministers to axe the Holyrood bill.

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They point to considerable work having already done in Scotland to advance the ban and warn that leaving the matter up to the new Labour government could lead to "unacceptable and avoidable" delays and fewer protections for victims.

Under the Bute House Agreement unveiled by former First Minister Nicola Sturgeon in August 2021, the SNP and Scottish Greens agreed to bring in a ban on conversion practices by the end of last year. 

But work was delayed and then the governing arrangement between the two parties broke down in April this year leading to the resignation of Ms Sturgeon's successor Humza Yousaf and Mr Swinney becoming SNP leader and First Minister.

Shortly after his reappointment in May, health secretary Neil Gray was asked if ministers would progress the ban on conversion practices.

READ MORE: First Minister John Swinney eyes Bute House policy cull

READ MORE: Fergus Ewing: SNP government now needs a 'spring clean'

He said they were "committed to continuing with that legislation because it's an important piece of legislation."

But Maggie Chapman, the Scottish Greens' equalities spokeswoman, is now fearful of a U turn after the Telegraph reported last week that the Scottish Government confirmed it was keen to "engage constructively" with Sir Keir Starmer's government on the issue.

She has written to Cabinet Secretary for Social Justice Shirley-Anne Sommerville urging her to ensure a bill banning conversion practices is included in Mr Swinney's programme for government due to be announced when Holyrood returns from recess in September.

(Image: Stewart Attwood) Scottish Greens MSP Maggie Chapman. 

“So-called conversion practices are cruel and dangerous, and we must stop them for good," Ms Chapman told the Herald on Sunday.

“Everyone in Scotland deserves to live their lives free from prejudice and discrimination. Nobody should be shamed because of their sexuality or gender identity or made to feel less equal because of who they are or who they love.

“A ban is finally in sight, and we cannot allow Westminster’s timetable to knock us off course or delay vital protections for people here in Scotland.

"We have no influence over the Westminster process, and the draft bill might not even include the protections that are needed or make it through parliament in the next five years.

“We have the power to act now, and we must take it. Victims and survivors of conversion practices deserve nothing less, and should not have to wait for another parliament to act when we have already promised action in Scotland and have the powers to deliver it.

“Far too many people have been made to suffer for far too long. We don’t have time to waste. I urge the Scottish Government to ensure that a watertight ban is included in the next programme for government and that it is introduced as soon as possible.”

In her letter to Ms Somerville, Ms Chapman noted the commitment of equalities minister Kaukab Stewart for a "comprehensive" ban.

She said: "The recent King’s Speech following the general election included a commitment by the new UK Government to a Draft Conversion Practices Bill, which would apply to England and Wales.

"There have been some comments in the media since this announcement that suggest that the Scottish Government will seek to extend the application of the UK Parliament’s Bill to Scotland, rather than continue with plans to introduce Scotland-specific legislation.

"I believe that there is a clear mandate for legislation on this issue to be introduced in this parliamentary session. Indeed, there was a clear commitment between the Scottish Government and the Scottish Greens to bring forward a ban on conversion practices that was as comprehensive as possible under devolved powers by the end of 2023.

"For various reasons of which I am aware, this did not happen. But I was heartened to see progress on Scottish legislation with the consultation that ended in April 2024."

She continued: "In addition to this, the unanimous report from the Equalities, Human Rights and Civil Justice Committee from 2022 that called for a comprehensive ban provides a clear parliamentary mandate for such legislation.

"I and many other campaigners on this issue are concerned that waiting for legislation to pass through the House of Commons represents an unacceptable and avoidable delay to the delivery of important protections for members of the LGBTQIA+ community in Scotland.

"There is no guarantee that the Draft Bill will actually be lodged in Westminster, and no guarantee that it will become law in the next five years.

"Victims and survivors of conversion practices should not have to wait for another parliament to act when we have promised action in Scotland. We should not delay the creation of protections to ensure no other member of the LGBTQIA+ community in Scotland is subjected to the cruel and harmful practices we have the powers to prevent now.

"Everyone in Scotland deserves to live their lives free from marginalisation and discrimination. No one should be made to feel less equal because of who they are or who they love. Banning conversion practices is a vital step towards ending the ideology that LGBTQIA+ identities are somehow wrong and must be changed.

"I urge the Scottish Government not to delay any further, but to keep its word to the people of Scotland, fulfil the mandate from and wishes of Scotland’s Parliament as expressed by our two parties and the unanimous Equalities, Human Rights and Civil Justice Committee, and include a Bill that ends conversion practices in Scotland in the forthcoming Programme for Government."

Conversion practices or 'therapy' sees people attempt to change or suppress the gender identity or sexual orientation of another person.

Within the European Union (EU), Malta, Germany, France and Greece have banned these practices, and many regions in Spain have placed administrative bans on them.

In January, the Scottish Government's former equalities minister Emma Roddick launched a consultation on proposals for a bill.

Under the current plans for Scotland, conversion practices would be defined as anything intended to "change or suppress" a person's sexuality or gender identity, including restricting a child's clothing choices or who they associated with.

To fall foul of the law, punishable with up to seven years' jail, "harm" would have to be caused to a victim, though "distress" would be enough to meet the threshold.

Some critics have raised concerns that parents could be criminalised even if they believed they were acting in their child's best interests.

Concerns have been raised that therapists who seek to analyse underlying reasons for a person's gender distress, and do not accept the person's gender self-identification, could also find themselves criminalised.

An advisory group set up by the Scottish Government in 2022 was given a remit which included how a ban would take account of any impact on mental health services, religious bodies, services for children and young people (including education).

It was also asked in relation to the proposed ban how other groups of professionals should be supported to provide appropriate services to people seeking help and advice in relation to their sexual orientation or gender identity.

The group was tasked with recommending what practices should be prohibited, to consider a definition of conversion practices, what advice could be given to support victims and survivors and how any ban could align with commitments to protect freedom of expression and freedom of religion, in line with existing legislation.

A Scottish Government spokesperson said: “Conversion practices are harmful and abusive acts that should be banned.

“The Scottish Government set out detailed proposals for legislation in a public consultation in January. We are now analysing and considering the consultation responses to inform next steps.”