Will the Scot Govt legislate on conversion therapy ahead of the election?

Earlier this month, the Scottish Government unveiled its 2025-26 Programme for Government, outlining its legislative priorities over the next year.

The Programme confirms the Scottish Government will not introduce its own conversion therapy Bill ahead of next May’s Holyrood election. But instead—if re-elected—the SNP plans to publish legislation in year one of the new Parliament, should a UK Government Bill not go far enough.

The promise reflects the previous Programme for Government, which revealed the Scottish Government was putting the brakes on its own disastrous plans and handing responsibility for a Bill to Westminster. It seems the Scottish Government knows this is a Pandora’s box best left unopened in Holyrood before the election.

First Minister John Swinney told Holyrood: “Conversion practices that seek to change or suppress a person’s sexual orientation or gender identity are harmful and abusive. Over the coming year, we will seek to work with the United Kingdom Government to deliver a legislative ban across England, Wales and Scotland. However, if agreement is not possible, we will publish legislation in the first year of the next parliamentary session.”

Attempt to force the Government’s hand
Responding to the announcement, Lib Dem MSP Jamie Greene—who is a vocal proponent of a ban—criticised the Government for failing the ‘LGBT+ community’ by not delivering on its manifesto pledge to legislate. In a letter to the Equalities Minister, he demanded that if the Government will not introduce legislation before the end of this parliamentary session, it hand the legislation to him so that he can bring it forward. But the Government is clear it intends to seek a UK-wide approach.

Solution in search of a problem  
What is the legislative gap that new legislation is needed to address? After all, abusive and coercive practices are already illegal under Scots law.

Legal advice on the proposals published by the Scottish Government last year is clear that existing law is already sufficient to protect against abuse, and that broadening the law will only see innocent actions brought within its scope.

In his legal analysis, leading KC Aidan O’Neill—who represented For Women Scotland in its recent legal victory against the Scottish Government—warns about the serious risk to everyday church practice and family life. He concludes that a conversion therapy law could criminalise parents for urging caution with their gender-confused child, and that a church leader who seeks to support a member of their congregation to live in accordance with the Bible’s teachings could also be caught.

The Scottish Government needs to recognise that the public is irritated by the obsession with appeasing activist groups like Stonewall. Voters want it to get on with the job of governing Scotland for everyone, not to introduce a law that will crush the basic human rights of innocent people.