John Swinney is to shelve Nicola Sturgeon's plans for a Scottish ban on conversion therapy and look to back Labour's version of the policy in a move to avoid igniting a new row inside the SNP.

The First Minister did not include a bill to ban the practices in his new programme for government on Wednesday when he set out the detail of the policies his administration will pursue in the run up to the next Holyrood election.

Instead, it is understood his government will take a 'four nations' approach and look to back UK Government legislation applying in Scotland.

There has been concern in the SNP that pursuing a Scottish specific ban risked re-opening an old wound in the party which was bitterly divided over Ms Sturgeon's Gender Recognition Reform (GRR) bill. The Scottish Government experienced its biggest backbench rebellion as the bill went through Holyrood including seeing the resignation of Ash Regan as a junior minister. Ms Regan later defected to Alba.

The GRR Bill aimed to make it easier for trans gender people to change their legal gender through removing the need of a medical diagnosis of gender dysphoria and by introducing a process of self declaration.

It was passed in Holyrood in December 2022 but then blocked from obtaining royal assent and becoming law by the former UK Government amid concerns its provisions impacted on equalities legislation reserved to Westminster.

It is understood there were concerns inside government that a Scottish bill banning conversion practices may impact on reserved areas.

Over the summer the Scottish Government confirmed it was keen to "engage constructively" with Sir Keir Starmer's government on the issue.

The new Labour government promised to bring forward a draft bill on ending so-called "conversion practices" - attempts to change someone else's sexuality or gender - in the King's Speech in July.

Deputy First Minister Kate Forbes, whom Mr Swinney appointed in May, is also believed to have major concerns about the policy.

Under current SNP plans for Scotland, conversion therapy would be defined as anything intended to "change or suppress" a person's sexuality or gender identity.

Concerns have been raised that parents, religious leaders and therapists who seek to examine underlying reasons for a person's gender questioning could be accused of "conversion" practices.

A consultation on the Scottish plans closed in April but no bill was brought forward.

The push for the ban was spearheaded by the Scottish Greens while in government under both Nicola Sturgeon and Humza Yousaf, but was seen as controversial by some, including religious groups – who feared it could criminalise pastoral care.

The 47-page programme for government published on Wednesday said the Scottish Government would progress “our commitment to ending conversion practices in Scotland and work towards complementary approaches across the UK”.

It added: “We will prepare legislation for introduction to the Scottish Parliament should a UK-wide approach not be achievable.

“By strengthening the support and services available to victims and survivors of conversion practices, we will ensure inclusivity is at the heart of everything we do.”

In July, the Scottish Greens, made clear they will stand against any moves by ministers to pause the Holyrood bill to ban conversion practices.

They pointed to considerable work having already done in Scotland to advance the ban and have warned 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 Ms 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 Mr 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.

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, was fearful of a U turn in July after the Telegraph reported that the Scottish Government confirmed it was keen to "engage constructively" with the Labour government on the issue.

She wrote 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.

Ms Chapman has not yet received a response to her letter.

On Wednesday, the Scottish Greens criticised the Scottish Government for not bringing forward legislation this year in the programme for government to ban conversion practices.

Ms Chapman described its omission as “deeply disappointing” and a “sad day for equalities in our country”.

“There is no reason for this legislation to be outsourced to Westminster or for us to sign up to a process that we know will not only lead to significant delays, but could end up going nowhere,” she said.

“Scottish voices would have limited influence and there are a lot of LGBTQIA+ people who simply do not trust the UK Government.

“Scotland has the power to ban these practices now. We don’t need to wait for Westminster to do it for us.”

Erin Lux, policy co-ordinator at the Equality Network, said: “The highest priority, of course, must be that the best possible legislation is implemented that will protect LGBT+ people from, to quote from the Scottish Government’s introduction to the consultation on a Scottish Bill, ‘damaging and destructive acts that violate the human rights of those that undergo them’.

“The Scottish Government would surely have far more influence and ability to end these practices in the most comprehensive and effective way if it chose to legislate here in Scotland.”

In a post on X, formerly Twitter, Social Justice Secretary Shirley-Anne Somerville said the Government remains “fully committed” to the ban.

“The @thesnp @scotgov remains absolutely and fully committed to legislation to end conversion practices,” she wrote.

“We hope to do so working with UK Govt but the work on a Bill continues should that not be possible.”