by Josephine Bartosch, UnHerd
The draft Conversion Practices Bill, published today, seems to have been written with the express purpose of pleasing no one. The bill is an attempt to criminalise abusive practices and therapies that target someone’s sexual orientation or gender identity. While the bill may be well intentioned, trans activists will predictably rage that it does not go far enough. Meanwhile, those who suspect that claims about the prevalence of conversion therapy have been wildly exaggerated for political ends will see the legislation for what it is: a bone tossed to the LGBTQAI+ lobby. Yet there is one thing legislators should be able to agree on: laws built on vague definitions are dangerous.
This bill would criminalise practices intended to persuade someone to have, not have, believe they have, or believe they do not have, a particular sexual orientation or transgender identity. Any action deemed to have caused harm or “serious alarm or distress to the individual which has a substantial adverse effect on their usual day-to-day activities” would be covered. But violence against the person is already a criminal offence, and there is no evidence that so-called conversion therapy is widespread.
However, this bill does not merely create criminal offences. It also establishes conversion practice protection orders that may be sought by police, local authorities and others, including in family proceedings that may seek to protect someone from being subject to an alleged conversion practice. Such powers may be justified where conduct is clearly defined and serious, but are far more troubling when built upon concepts as subjective as emotional pressure and gender identity.