Top KC: Alliance conversion therapy proposal beyond Stormont powers

One of the UK’s most formidable human rights lawyers says plans for a ‘conversion therapy’ law in Northern Ireland are outside the Parliament’s powers.

Proposals from Alliance Party MLA Eóin Tennyson for a new law were laid at the end of last year. A consultation run by the Party closed last week (28 March).

Now, in independent advice commissioned by The Christian Institute, Aidan O’Neill KC says the plans would criminalise innocent Christian believers and loving parents.

“[T]his would criminalise parents who sought to exercise any form of parental authority or guidance in relation to their children as regards issues around sexuality and gender which conflicted with the official position…”, Mr O’Neill explained.

Eóin Tennyson has copied parts of a proposal from the Scottish Government that has since been shelved over legal fears. But reflecting on the Scottish proposal, Aidan O’Neill described the impact of a new law:

“[T]his would have the undoubted effect of criminalising much mainstream pastoral work of churches, mosques and synagogues and temples. Prayers and pastoral discussions could be criminalised if their content did not conform to the new State requirements only to affirm, validate and support the identity and lived experience as expressed and stated by an individual”.

Importantly, Mr O’Neill recognises that abusive practices have already been outlawed:

“In sum, it is already the case in Northern Ireland that conduct towards another which constitutes degrading treatment and which results in the infliction of psychological suffering on that other, is illegal and in breach of the criminal law.”

The legal opinion raises serious questions about the possibility of Mr Tennyson continuing to progress a new law of this sort. Mr O’Neill points out that the proposal is “cross-cutting”, meaning it involves several departments at Stormont. And it is clearly a “significant” and “controversial” matter, he says.

But “the NI Assembly has resolved that a Member’s Bill is not an appropriate vehicle ‘to progress significantly complex or cross-cutting legislative change’”.

Regardless of the process, the top KC concludes that, should it be passed into law, the legislation would go beyond the powers of the NI Assembly:

“I conclude, therefore, that there are very strong arguments indeed that, should these proposals … be passed into law in Northern Ireland, they would be beyond the legislative competence of that devolved legislature, primarily because of their overbreadth, their disproportionate intrusion into private and family life and freedom of religion and freedom of expression, but also because of their fundamental internal incoherence.”