Ending conversion practices in Scotland: consultation

We sought views on proposals for legislative change to end conversion practices in Scotland. The term “conversion practices” is used to refer to acts which are intended to change or suppress a person’s sexual orientation or gender identity.

The consultation opened on 9 January and closed on 2 April 2024, containing a total of 38 questions. 

The consultation document outlined our proposal to create a package of measures that work together to address conversion practices in Scotland. This included proposals for the introduction of new criminal offences for engaging in conversion practices and removing a person from Scotland for the purposes of conversion practices, a statutory aggravation for instances where the commission of an existing criminal offence was motivated by the intent to change or suppress a person’s sexual orientation or gender identity, and a civil protection order to protect people at risk of harmful conversion practices.

In total, 5,811 responses to the consultation were available for analysis. 5,649 responses were from individual members of the public and 162 from groups or organisations.

Consultation responses have now been published on Citizen Space where permission was given to do so. Click here to read the published responses.

While we have endeavoured to publish all responses to the consultation in full where permission has been given to do so, responses have been moderated to remove any defamatory language and profanity, as well as to safeguard the identity of respondents or others. However, in order to maintain the integrity of responses and respondent views, some published responses contain language and opinions which may be considered offensive, discriminatory, or upsetting. These views do not represent those of the Scottish Government. We have addressed this in our official response and included content warnings to advise readers where necessary.

Due to the sensitivity of this topic and the high volume of responses, the Scottish Government appointed an independent external contractor to analyse consultation responses and provide a report of their findings.  Click here to read the full analysis report.

Analysts found that those who tended to not support the proposals were in the majority, albeit by a small margin.

Key concerns raised by respondents who were against proposals included:

• Potential impacts on existing rights such as freedom of religion and the right to family and private life
• Whether new legislation is required or if existing law is sufficient to address conversion practices
• The belief that gender identity should not be included in legislation to end conversion practices  
• The way different terms were defined in the draft legislation
• The definition of psychological harm was considered to be too subjective  
• Concerns that civil protection orders may be misused by people making false allegations against organisations or individuals they disagree with.

Feedback provided by respondents who were supportive of proposals included:

• The necessity of this legislation to protect people from the harms of conversion practices
• The importance of including protections for transgender people in any proposed legislation
• Acknowledgement that harms associated with conversion practices are complex, and can sometimes take years to manifest which may be difficult to prove  
• The importance of also considering non-legislative measures and preventative measures like civil protection orders.

Consultation

Having reflected on the consultation feedback and discussions with stakeholders, we remain of the opinion that specific legislation is required to end conversion practices in Scotland as existing legislation does not offer sufficient protection against these harmful practices which are still taking place in Scotland today. 

We have carefully considered consultation responses and will continue to use the feedback we received from the consultation to further develop our proposals, including taking careful account of the concerns expressed about clarity of the proposals and impact on existing rights.

Click here to read the Scottish Government’s full response to the consultation analysis.

Next steps

As detailed in our 2024-2025 Programme for Government, published on 4 September 2024, we are engaging with the UK Government to explore the option of legislation to be brought forward to the UK Parliament being extended to Scotland. However, we are preparing legislation for introduction to the Scottish Parliament should a UK-wide approach not be achievable. By strengthening the support and services available to victims and survivors of conversion practices, we will ensure inclusivity is at the heart of everything we do.

We will also continue to develop and deliver non-legislative, supportive measures to end conversion practices and support survivors, with a focus on awareness raising and education. 

The Scottish Government thanks everyone who responded to the consultation, and those who met with us during the consultation period. Your input has been invaluable.

Useful links:

• Read the consultation analysis report
• Read the Scottish Government response to the consultation analysis
• Read the Easy Read analysis report