Govt publishes controversial draft ‘conversion practices’ Bill

The Christian Institute has warned that Government plans to ban so-called ‘conversion practices’ in England and Wales threaten free speech, religious liberty and family life.

In the wake of today’s publication of the Conversion Practices Draft Bill, the CI’s Simon Calvert questioned what a new conversion therapy law seeks to criminalise, given that existing laws already provide robust protections against abuse, coercion and exploitation.

A parliamentary committee will now examine the wording of the draft Bill and produce a report. A call for evidence is also expected.

Imprisonment

In the draft Bill, conversion practices include “emotional pressure” on a person that causes them to believe they have or do not have a particular “sexual orientation” or “transgender identity”. Any person found guilty of an offence faces a fine, up to five years in prison, or both.

Commenting on the draft, Mr Calvert said: “After eight years and five Prime Ministers is this the best draft they can come up with? The Bill would see parents, professionals and pastors having to answer to the police for innocent conversations that LGBT activists claim are ‘abusive’. It’s wide open to misuse.

“The Government claims its Bill targets abuse, but it’s now clear that parents are going to find themselves having to answer to police officers and the courts for conversations with their children.

“It will be easy to allege that a parent who doesn’t go along with a child’s wish to ‘transition’ and does their best to keep them away from the influence of trans activists could be accused of using emotional or financial pressure to ‘stop them being trans’.”

He also warned that causing “serious alarm or distress” to a person which “has a substantial adverse effect on their usual day-to-day activities” is not a clear threshold.

Human rights

Independent legal advice from leading King’s Counsels has repeatedly identified significant human rights concerns with previous legislative proposals.

In advice on Baroness Burt’s Private Member’s Bill in 2024, Jason Coppel KC concluded: “Put shortly, the Bill criminalises expressions of personal conviction even if they are made without expressions of hatred or intolerance, or improper purpose or coercion, or abuse of power.”

He warned that such an approach would run contrary to the consistent case law of the European Court of Human Rights.

Separately, Sarah Vine KC advised that when Alicia Kearns MP proposed an amendment to the Criminal Justice Bill and Lloyd Russell-Moyle introduced a Private Member’s Bill, both would likely fail human rights scrutiny.

Victorian dangers

Earlier this year, religious leaders in Victoria urged officials to tackle the “broad overreach” of the Australian state’s conversion therapy ban.

Writing in response to a review of the Change or Suppression (Conversion) Practices Prohibition Act, implemented in 2022, representatives from the Christian, Jewish, Muslim, Sikh and Hindu communities warned that it has “disproportionately affected” religious leaders and parents.

According to Victoria’s guidance, it could be illegal to “talk about a person’s brokenness or need to repent” or excommunicate a member for continuing in a same-sex relationship.

Initial guidance even criminalised parents for opposing their “child’s request for medical treatment that will prevent physical changes from puberty”, before it was amended after public backlash.

The latest guidance from Victoria instructs parents to ask their children their pronouns.