Conversion Practices (Prohibition) Bill

I beg to move, That the Bill be now read a Second time.

When my former partner disclosed to me that he had twice gone through conversion practices, first facilitated through his family in church and secondly through his work in the church, I was shocked that such practices still take place in the 21st century. The trauma he still carries around with him is immense. No number of laws can rewrite history, but we can pledge, as all the main parties did in 2019, to ensure that no one goes through the trauma that he and many others still have in the future.

In recent years, we have had two petitions debates, four debates in Parliament, four written statements and sets of Government research, consultations and briefings, but in six years, we have failed to do what other countries have done in six months, which is to produce a ban that stops people falsely claiming that they can convert people’s sexual orientation or transgender identity. That false hope—false advertising, as it were—is not innocuous, and it causes great harm, but it is not currently captured in our laws. Despite all the main parties agreeing that this is an area we must act on, the issue has been put in the “too hard” box. The Government have consulted on it and years have passed, caught in a culture war where survivors are forgotten. The Government’s Bill, with its bells and whistles, seeks perfection, but delays have allowed the practice to go unimpeded, and that is of no use to man or beast.

I congratulate my hon. Friend on bringing the Bill forward. To pick up on that point, it is striking how long this has taken compared with other nations. The stalling coming from Government, when surely we are simply seeking to protect vulnerable people, seems a little obvious. Does he agree that any ban needs to be inclusive of all LGBT+ people?

I totally agree. Everyone in the House will know that I am not immune to getting stuck into this debate. We have had sparring partners across the Chamber on these issues, but that has led us nowhere. It has led to the delay itself and given a green light to many who think this practice might now be acceptable, rather than the abhorrence we all think it to be.

The hon. Gentleman makes the important and strong inference that this is a commonplace occurrence. Will he give some evidence of the distribution of conversion practices, their incidence, and who is being affected? What is the true data on the matter?

I will come to exactly that in a moment, but the hon. Member makes valid points that we should address.

Some were worried when I was drawn in the private Member’s Bill ballot that I would produce, as one Whip put it, a “batshit crazy” Bill. Others were worried that I would produce a Bill that would not stop this practice and would have too many loopholes. But after months of meetings, quiet conversations, going on BBC “Politics Live”, offering a meeting to anyone who wanted one and meeting colleagues across this House, all with different views, I hope that the words of the same Whip, saying “Blimey, he’s actually produced something quite sensible” will ring in the ears of everyone in this debate.

I congratulate my hon. Friend on this incredibly important Bill. A number of constituents have written passionately to me about it. According to the UK Government’s own research, 7% of LGBT people have been offered or have undergone conversion therapy. That indicates that in the last five years thousands of people have been at risk of harm. Does he agree that the scale of it must be recognised, and that it must stop?

I quite agree. I understand from previous conversations that the Government do not outright oppose the Bill—we will see how the Minister responds today, as that might have slightly changed. It is quite right that they do not oppose it, because they have put forward this proposal numerous times. They are reserving judgment on some of the technicalities. I have given the Government two opportunities to propose amendments in the public consultations that I have run. They proposed no amendments. In fact, the Government agreed to do pre-legislative scrutiny of their own Bill but, six months later, that has not happened.

On 31 January 2023 I tabled an amendment to the Online Safety Bill on conversion therapy. We had the numbers, but I told the Government that if they said in a written ministerial statement and on the Floor of this House that they would commit to pre-legislative security that would be completed by October, I would not push the amendment. I did not push the amendment because that commitment was given. Does the hon. Member agree that we have been brought to this place because the Government have not delivered on their manifesto commitment, despite having made promises on the Floor of this House to Conservative Members?

I quite agree. That is why it is important that the Government support the Bill, and thrash out the details later in Committee.

When I met the Secretary of State we talked about two-track progress: get the Bill in Committee, and use it to thrash out the details and allow the Government to keep developing their own plans, informed by the Committee. I hope the Government will honour the spirit of those discussions as I have entered into this process. I hope we can have a full debate and get to a natural end. But if need be, with the permission of Mr Speaker and the Deputy Speakers, I believe that we have the numbers to divide on a closure motion. It would be much better to air the views of the House without dividing, and allow this new collaborative tone to sort out the issue in Committee.

I remind hon. Members that Conservative Members have tabled two amendments to the Criminal Justice Bill that provide less protection and, rather than the fines under my Bill, prison sentences. This is an opportunity to get consensus before further-reaching measures are pushed to a vote in this House. If this Bill is talked out today, I will support those measures.

I will spend the rest of my speech on the technical aspects of the Bill and why we have come to the judgments that we have. Much of that is outlined in my explanatory notes, which my office has drafted. I am sure that other colleagues will want to talk about the experiences of their constituents, and I am happy to take as many interventions as I can, but I will try to make some progress.

This is not a debate on the wide trans issue—that will continue outside the Bill—or the merits of affirming or exploratory healthcare. We have the Cass review, and other evidence will come forward down the line. This is a framework Bill on conversion practices. It is not the same as the Scottish proposals or proposals in other countries. It addresses the concerns raised in the House of Lords, and I thank Baroness Burt for introducing a Bill to allow those views to be expressed. I have taken them on board. I beg Members to focus on the Bill, not the adjunct. However interesting the wider debate may be, this is a debate about how we ensure that people do not have a premeditated purpose to intend to change someone’s sexual orientation and transgender identity —terms that exist in British law today.

I thank the hon. Gentleman for giving way, and I want to put on record that he has been absolutely brilliant in engaging with a whole range of colleagues—he is absolutely correct. I appreciate that he does not want the debate to become about the transgender issue, as he says, but the Bill states that

“‘conversion practice’ means a course of conduct or activity, the…intent of which is to change someone’s…to or from being transgender,”

so the idea of being transgender, or the definition of transgender, is very much at the centre of it. Whether the Bill accurately defines what that means is key to whether it can be effective.

That is exactly why I have used words that already exist in legislation. We can have that debate on the Sentencing Act 2020 and on the Equality Act 2010—I wish you good luck in that—but rather than trying to debate things that this House has already settled, let us move forward with how we try to stop these practices.

I join my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) in her remarks about the engagement we have had, and I am sure that we will have a civil debate today. The hon. Gentleman refers to the definition of transgender identity as already existing in legislation. It does, in the Sentencing Act to which he refers, but can he give us further information on that definition? As I read it, it is simply a reference to whether transgender is an aggravating factor in a criminal offence; it does not provide the definition we need. So his Bill will entrench in law that totally undefined concept.

I will come to the hon. Gentleman’s point and will suggest an amendment that might, if he were to allow it to proceed in Committee, make him feel happy and resolve the situation.

Surely the entire point of the Bill is what my hon. Friend is already addressing, which is that the practice is evil: it is evil against gay people, evil against lesbian people, and evil against transgender people. If it is abhorrent for everyone, it is abhorrent for everyone, so it should be tackled.

I totally agree.

In the process of writing the Bill, I endeavoured to meet everyone who asked. I visited people in their communities across the country and I invited people to meet in this place. I want to thank various groups, including Stonewall, the Ban Conversion Therapy campaign group, TransActual, TransLucent, and the medical profession. But I also want to thank people who have very different views from mine, who I have met and listened to: the Christian Institute, Keira Bell and her lawyers, the LGB Alliance and the Gay Men’s Network, to name a few. I have engaged with all in good faith. I have considered and, in most cases, adopted suggestions that each one of those groups has made to make the Bill better.