Lloyd Russell Moyle conversion therapy Bill “very likely” to breach human rights law, warns top human rights lawyer

A top human rights lawyer has criticised a Labour MP’s Private Member’s Bill on ‘conversion therapy’ for multiple breaches of human rights.

The Bill will be debated by MPs for the first time tomorrow, Friday 1st March.

In a strongly worded legal opinion, Jason Coppel KC says:

“I consider that the Bill… if passed, would constitute a serious intrusion into the legitimate activities and practices of Christian churches and religious communities, which would be contrary to their rights protected by the ECHR, and so to the Human Rights Act 1998. They would also interfere with the legitimate expression of gender critical views, again in a manner which would be likely to breach ECHR rights.

“The Bill [is] broad in scope. [It] would apply both to practice which seek to ‘change’ sexual orientation or transgender identity and practices which seek to ‘suppress’ sexual orientation or transgender identity i.e., to change conduct. [It] would apply to acts which cause no injury or distress; and, indeed, to acts to which the person in question consents. [It] would apply across a wide range of settings, including social and religious settings (although, the Bill … would exempt at least some conduct of parents vis-à-vis their children). Whilst some attempt has been made to craft exemptions or exceptions so as to ensure that the practice of religion is not prohibited, the central prohibition in the Bill …remains a wide one, applying to churches and other religious organisations, and to those expressing certain views, including gender critical views, outside those settings.

“The Bill …would, if enacted, interfere with a number of rights protected by the ECHR. [It] would (by way of example) restrict the ability of religious organisations to express their beliefs (both within their own communities and to the wider world) and the ability of gender-critical persons to express their beliefs to persons who profess a gender identity which is inconsistent with those beliefs. Such restrictions are likely to interfere with (at least) the right to respect for private and family life (Article 8 ECHR); the right to freedom of thought, conscience and religion (Article 9 ECHR); the right to freedom of expression (Article 10 ECHR); and the right to freedom of assembly and association (Article 11 ECHR).”

Coppel, known for his role in leading court cases dealing with Brexit and COVID, amongst other matters, concludes:

“It is very difficult to see how the wide-ranging interference with fundamental rights contemplated by the Bill …could be justified. Put shortly, the Bill …would criminalise expressions of personal conviction even if they are made without expressions of hatred or intolerance, or improper purpose or coercion, or abuse of power. Restrictions of that nature run contrary to the consistent case law of the European Court of Human Rights.”

Simon Calvert, a Deputy Director at The Christian Institute, which commissioned the opinion, said:

“I welcome the attempt by Mr Russell-Moyle to engage with a range of groups who have interest in this issue, but unfortunately, as Jason Coppel’s analysis of the Bill shows, the wording is sloppy and definitions far too broad. If passed this would result in criminalising Christians and gender-critical parents for conversations which most people would consider perfectly reasonable. This is not about protecting people from abuse. That is already illegal. There is no ‘harm’ test in the Bill. It is about punishing people for talking.

“Each iteration of a conversion therapy ban we have seen, whether at Westminster or Holyrood, has raised the same issues. It is impossible to legislate in this controversial area without trampling on basic human rights. A key reason for this is politicians are seeking to solve a problem that doesn’t exist. The sorts of discredited medical practices that advocates of the legislation sometimes cite are already banned and rightly so. And any verbal or physical abuse of gay or trans people is also already criminal. As Malcolm Clark and others have highlighted, there is simply no evidence of a gap in the law.”

The Christian Institute has previously highlighted problems with similar broadly defined legislation including a conversion therapy law in Victoria, Australia, which explicitly bans prayer.

Stonewall, Peter Tatchell, Alicia Kearns MP and Jayne Ozanne have all praised the Victoria law which criminalises parents who don’t consent to their children going on puberty blockers and prohibits prayer about repentance.

The Daily Mail Australia reported that some parents are living in fear of prosecution simply for trying to get help for their gender-distressed children. One parent said in relation to her daughter:

“I don’t know how gung-ho [the police and equalities commission] will get about the law. It’s so broad and poorly worded.

“If she’s harming herself by binding and I stop her is that conversion therapy? Not being able to tell my child not to do this harmful practice is absolutely crazy.”

For more on the Victoria ban go to: the.ci/goldstandard