A bill must be a scalpel
by Michael Foran, Artillery Row:
The Government has recently announced another delay in publishing a draft Conversion Therapy Bill. This will give the Government time to carefully draft legislation that minimises unintended consequences and can survive scrutiny in both Houses of Parliament. This Bill proposes to introduce a new criminal offence, a significant intervention. It must be precise, clear, and proportionate.
Intuitively, one would assume a ban on conversion therapy is an unqualified good. This is partially because talk of conversion therapy conjures images of gay people being strapped to tables and electrocuted. But if this legislation is not carefully drafted, it could criminalise the provision of vitally needed support for vulnerable children and adults struggling with sexuality and gender identity issues.
When and if the Government produce a draft, for legislation to deserve support, it must ensure that therapists are still able to do their jobs without committing crimes, and patients are able to receive appropriate care, tailored to them which keeps their physical and mental wellbeing in focus.
It must clearly define “sex”, “sexual orientation”, and “gender identity”:
If the last year has proven anything it is that confusion around these terms makes it impossible for legislation to be implemented effectively. The precise definition of sex is currently hotly contested, in court as much as elsewhere. This Bill cannot responsibly compound that confusion.
There must also be precise definitions of both sexual orientation and gender identity. We currently have no statutory definition of gender identity. This cannot be avoided. If a criminal offence attaches to attempts to change or suppress the expression of one’s gender identity, there must be a definition.
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