One year on: Is Labour’s conversion therapy ban still on track?

By George Marshall

Among Labour’s 2024 manifesto commitments to fix the NHS and get Britain building, was a claim that “Labour will finally deliver a full, trans-inclusive, ban on conversion practices.” On the 17th July 2024, this promise was reaffirmed to the British public during the State Opening of Parliament, marking what many believed to be a significant turning point for LGBTQ+ rights in the United Kingdom. After fourteen years of Conservative hesitation, exclusion and backpedalling, when it came to gender and sexuality policy, Labour’s ascension offered renewed hope and a sense of progress, particularly amongst the UK’s LGBTQ+ community.

The current liminal state Britain finds itself in surrounding this matter has expectedly provoked a number of questions – will the commitment to ban conversion practices ever become a reality, and if so, why is it taking so long?

Yet, just over a year on, despite thorough messaging that Labour remains a firm ally of the LGBTQ+ community, campaigners, victims of conversion practices, and many more are still waiting for concrete action to safeguard LGBTQ+ individuals against those who continue to believe that sexuality is both an erroneous and reversible choice. The pledged action is yet to appear in parliament: there has been no draft bill published as committed to in the King’s Speech, and little clarity has been offered as to when this would occur. The current liminal state Britain finds itself in surrounding this matter has expectedly provoked a number of questions – will the commitment to ban conversion practices ever become a reality, and if so, why is it taking so long?

It is important to note that this is far from a recent issue. The promise to ban conversion

practices has long been in the halls of Westminster, with its first proposal by the

Conservative’s ‘LGBT Action Plan’ in 2018. Whilst this pledge has repeatedly resurfaced in government - and in a number of Private Members’ Bills (PMBs) - with two ongoing presently - it has frequently been delayed, dismissed and become symbolic of a wider unwillingness to engage with practices harming queer and trans individuals. Labour set out to change that, but their current continuation of putting this matter at the bottom of the social policy pile is evoking concern that Labour will not meet that promise in the near future. So, will this commitment be fulfilled and when will it happen? – in many ways, we have to answer those questions with another: can we trust in Labour’s long-standing allyship to end abusive conversion practices?

The past year of inaction does not necessarily mean disregard.

Encouragingly, there are several indications that this remains possible, and that the past year of inaction does not necessarily mean disregard. Ministers have reiterated in the House of Commons that Labour are “committed to publishing draft legislation” and records have confirmed that there has been close collaboration with Scottish officials by the Labour government on this matter to ensure a coordinated approach across the UK. Whilst now it appears unlikely that the government’s aim to publish a draft bill “later in this session” will be achieved, with the mandate, the parliamentary majority and the moral imperative Labour holds, there is still every reason to believe it can and will happen in the near future. We must continue to push this government to use its unique opportunity to end abhorrent conversion practices as so many have pledged to do so, and failed, before.

For now, whilst keeping in mind that this should be dealt with as a matter of urgency, we

must temporarily turn our question from a when? to a why? On the surface, Labour has what it needs to act on this matter: a strong majority in Parliament as well as a public mandate. So why the delay in producing draft legislation? One reason continues to remain central: though urgent and necessary action needs to be taken to protect LGBTQ+ individuals from the abuses of conversion practices, the banning of conversion practices is immensely legislatively and legally complex. This has frequently been shown in past attempts to bring forward a ban. One major point of contention has been defining what constitutes as a “conversion practice” as demonstrated by the criticism in an attempt to pass a ban in early 2024 surrounding there not being clear boundaries between consensual and coercive acts, particularly amongst religious institutions.

This issue has frequently limited the speed at which this legislation could pass through

parliament as policymakers have worked to balance the unwavering need to outlaw abuse within these practices as well as rights to freedom of religion and expression. Any future legislation would need to comply with the 1998 Human Rights Act to ensure it protects against harm without infringing on rights to privacy, expression or belief, but this simply can’t be justified as a reason to push it to the bottom of the pile and not follow through on a repeat commitment.

For every day which goes by, delays to this ban have incomprehensible consequences.

Attempts to alter or suppress someone’s sexual orientation or gender identity through

counselling, psychological coercion and religious intervention have been criticised by

numerous health organisations, political groups and LGBTQ+ campaigners. In 2017, the

NHS and over 25 other health organisations signed the Memorandum of Understanding on Conversion Therapy, stating that conversion therapy is “unethical, potentially harmful and is not supported by evidence.” Furthermore, this is not a rare issue, and its banning would remove a number of LGBTQ+ individuals from psychological, and in some cases physical, harm. A 2020 survey by the Ban Conversion Therapy Coalition revealed that 31% of LGBTQ+ people in Great Britain had been subjected to at least one attempt of conversion practice. The forms in which this takes place were equally as staggering, with 1 in 5 reporting physical assault aimed at altering their gender or sexual identity, 1 in 10 experiencing pseudo-scientific counselling, and in the extreme, over 1 in 10 experiencing ‘corrective rape’ or sexual assault. Survey after survey reveals the detrimental impacts of such practices, resulting in depression, anxiety and even in suicide.

One year on, Labour’s promise to ban conversion practices in this current parliamentary

session has been met with little concrete action to safeguard LGBTQ+ individuals from the harm conversion practices evoke. Labour still has the chance to lead on this matter where other governments fell short, but it must act now, and more must be done to bring the UK in line with international standards on LGBTQ+ rights. Promises to end practices which harm thousands of LGBTQ+ individuals should not fall to the bottom of this government’s social policy agenda. As Labour begins its second year in power, eyes are on Westminster in the hope that Labour can use its unique position to bring forward this ban which, if done correctly, would represent a landmark step in protecting the LGBTQ+ community from the abuse that inherently comes with conversion practices. The next few months will be critical in determining whether this government delivers on its commitments.

Image: rawpixel.com