THE Scottish Government delaying plans for a ban on LGBT conversion practices has been branded “unacceptable”.
First Minister John Swinney pledged at the end of the last parliamentary term to introduce a bill after the Holyrood 2026 election if the SNP were re-elected.
Conversion practices defines interventions that seek to change a person’s sexual orientation or gender identity, and is currently legal in Scotland.
The Scottish Government had previously consulted on plans to ban conversion practices, also known as “conversion therapy”, but later shelved the plans following the Supreme Court ruling on the definition of a woman under the Equality Act 2010.
At the time, ministers said that if no UK-wide plans to ban conversion practices were brought in by Labour at Westminster, the Scottish Government would seek to bring in the criminal ban in Scotland following the election.
In the King’s Speech, the UK Government pledged to bring forward draft legislation for a ban, but it would only apply to England and Wales.
At FMQs in March, Swinney said that if the UK are “unable to bring forward a fully inclusive ban” then the Scottish Government “will publish our own bill in year one of the next parliamentary session, should the people of Scotland re-elect my government.”
However, following the publication of the Programme for Government, the Scottish Government has again said they would continue to take a UK-wide approach.
The document states that ministers will “continue our work to end conversion practices in Scotland in partnership with the Welsh and UK Governments, strengthening our collective efforts to end these harmful practices and protect LGBTQI+ people from the lasting harms they cause”.
“Should the UK Government fail to deliver we will not hesitate to bring forward Scottish legislation,” it adds.
The Scottish Greens have said that the watering down of a conversion practice ban and delaying its introduction is “hugely concerning”.
“Conversion practices have no place in modern Scotland,” Scottish Greens equalities spokesperson Kate Nevens said.
“A comprehensive, watertight ban has been promised again and again, and rather than following through on the promises the Scottish Government made, today’s Programme for Government has delayed it further.
“Given the UK Government's poor track record on advancing a ban on conversion practices, it is hugely concerning that we are left waiting for action from Westminster. We have no need to be outsourcing such an important piece of work, or to be delaying this even further.
“The current draft Westminster bill not only fails to include Scotland, it also fails to adequately address all forms of conversion practices and protect everyone from harm.
“LGBT+ people have already had to wait for far too long. Scotland can’t wait even longer, only to then be burdened with poor-quality legislation from a UK government that doesn’t protect enough people.”
Nevens said that Scotland should be “listening to the concerns” raised by the UK Government’s proposals and “not kick the can down the road to an incompetent Westminster government who are already failing on this”.
“The Scottish Government must offer a clear roadmap for Scotland that protects everyone affected, leaving no loopholes for abuse and ensuring that no-one is left behind,” she said.
Nevens added that it was “frankly unacceptable” that conversion practices were not addressed in the Programme for Government, adding: “When the Government finally gets the courage to act on their own commitment, they will have our full support.”
We previously told how a charity boss said the Scottish Government should just “get on with” bringing in an LGBT+ conversion practices ban.
Rebecca Don Kennedy, the CEO of the Equality Network, told The National that after almost six years of campaigning the charity is “ready to see [a comprehensive ban] happen” in the next parliamentary term.