Assembly urged to clarify rules after MLAs blocked from probing “gender identity”

Genspect, the Free Speech Union and the Christian Institute have written to the Speaker of the Northern Ireland Assembly, Mr Edwin Poots, seeking clarity over whether Members of the Legislative Assembly (MLAs) are free to scrutinise the meaning and scope of “gender identity” in the Conversion Practices (Criminalisation) Bill.

The letter follows inconsistent interventions from the Chair regarding the discussion of “gender identity” across the first two days of the Bill’s Second Stage debate, held on 15 and 22 September.

The Private Member’s Bill, introduced by Alliance MLA Eóin Tennyson, would create new criminal offences relating to practices intended to change or suppress sexual orientation or gender identity. “Gender identity” is an operative term throughout the legislation, with clause 6 stating that a reference to a victim’s gender identity includes both “what the victim considers it to be” and “what the person considers it to be.”

During the debate on 15 September, Principal Deputy Speaker Carál Ní Chuilín intervened when Jonathan Buckley sought to question what “gender identity” encompasses, stating: “It is self-determined, so it is not for Eóin Tennyson or anyone else to talk about how many genders there are.” Later that day, Deputy Speaker John Blair clarified that discussion of gender identity was permissible where it related to the Bill. Speaker Edwin Poots reiterated on 21 September that: “The Bill includes references to gender identity. Discussion of gender identity is therefore permissible in the context of the Bill.”

Yet, when the debate resumed on 22 September, Jonathan Buckley was prevented by Deputy Speaker John Blair from asking another MLA how many gender identities she believed would fall within the Bill. The intervention raises questions about whether MLAs are being given sufficient scope to scrutinise what “gender identity” means and encompasses within the Bill.

The letter argues that what “gender identity” means has a direct bearing on the scope of the new offences, stating that “Members must be able to test which asserted identities clause 6 would encompass, particularly by putting that question to the Bill’s sponsor. Otherwise, they cannot properly assess the reach of the proposed offences.”

The letter asks the Speaker to provide “clear guidance from the Chair confirming that Members may probe both the meaning and the scope of ‘gender identity’ as used in the Bill.”

Dr Stella O’Malley, Executive Director of Genspect, said:

“It is extraordinary that politicians could be asked to create new criminal offences involving gender identity, while being told there are limits on the questions they can ask about what gender identity means. The lack of clarity in the Assembly raises serious concerns about how therapists and parents are supposed to know where the boundaries of the criminal law lie.”

Lord Young, General Secretary of the Free Speech Union, said:

“The Free Speech Union is concerned that this legislation should be subject to proper parliamentary scrutiny, given that it could mean the long arm of the law reaching into people’s homes and policing private conversations between family members.”

Simon Calvert, Deputy Director of the Christian Institute, said:

“The public are astonished at the spectacle of MLAs being told they can’t debate the term ‘gender identity’ despite it being in the Bill. Elected representatives must be allowed to question those who back this Bill on exactly what kinds of speech they want to criminalise. It’s yet another illustration of how unreasonable LGBTQ+ ideology is.”

The letter comes ahead of Banned in Belfast? Free Speech, Conversion Therapy and the New Northern Ireland, an event hosted by Genspect and the Free Speech Union in central Belfast from 7.30pm this evening. The event will examine the Conversion Practices (Criminalisation) Bill and its implications for free speech, therapeutic practice, parents and families. More information about the event can be found here.

ENDS

For more information, to arrange interviews or to attend this evening’s event, contact Emma Hartley at emma@genspect.org or on 07825322289.

Notes to editors

1. A copy of the letter is attached. The letter is signed by Dr Stella O’Malley, Executive Director of Genspect, Lord Toby Young of Acton, General Secretary of the Free Speech Union and James Kennedy, Northern Ireland Policy Officer at the Christian Institute.
2. The Conversion Practices (Criminalisation) Bill was introduced by Eóin Tennyson MLA on 30 June 2026. It proposes three new criminal offences relating to conversion therapy, coercive conversion behaviour and removing a person from Northern Ireland for the purposes of conversion practices. The Bill can be found here.
3. The first two days of the Second Stage debate took place on 15 September and 22 September. The debate is due to resume on Monday 28 September.
4. Genspect is an international organisation advocating for evidence-based approaches to sex and gender. Its support services have worked with more than 600 detransitioners and more than 5,000 parents of trans-identified young people.
5. Genspect’s full submission to the Assembly’s Call for Evidence can be read here.