Ross Hunter
Wed 4 September 2024
Scottish First Minister John Swinney during the annual Pride parade in Edinburgh (Image: Jane Barlow)
THE Scottish Government has said it may drop its proposed ban on conversion practices in Scotland in favour of backing UK-wide legislation.
The First Minister John Swinney delivered his first Programme for Government at Holyrood on Wednesday.
It stated that while it was committed to ending conversion practices in Scotland, the legislation would only be brought forward "should a UK-wide approach not be achievable".
"Progressing our commitment to ending conversion practices in Scotland and work towards complementary approaches across the UK," it said.
"We will prepare 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.”
Since coming to power in July, Labour have said they will prepare legislation for a ban on conversion practices, which includes transgender people.
A public consultation on banning conversion practices in Scotland closed in April.
The proposed law sought to criminalise practices which are "undertaken with the intention to change or suppress the sexual orientation or gender identity of another person".
However, some religious bodies and gender critical campaign groups expressed concern about the legislation claiming that it would criminalise concerned parents or religious leaders.
The Scottish Greens have expressed concern that there was no commitment to progress Scotland's own ban on conversion therapy.
John Swinney marched with a banner which read End Conversion Practices during this year's Edinburgh Pride (Image: Jane Barlow/PA Wire)
Indeed, the party said that LGBT+ Scots simply did not trust the UK Government.
“This is a deeply disappointing decision by the SNP, and a sad day for equalities in our country," said Greens MSP Maggie Chapman.
"For three years, the SNP has been promising people that a comprehensive Scottish ban would be introduced and many will be devastated that they are going back on their word and kicking the can further down the road.
“There is no reason for this legislation to be outsourced to Westminster or for us to sign up to a process that we know will not only lead to significant delays but could end up going nowhere. Scottish voices would have limited influence and there are a lot of LGBTQIA+ people who simply do not trust the UK government.
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"Scotland has the power to ban these practices now. We don't need to wait for Westminster to do it for us.
"I urge the First Minister to reconsider this decision and to uphold the promise that he and his colleagues made - repeatedly - to introduce a watertight, comprehensive ban for Scotland.”
Speaking during the open debate following the Programme for Government, Scottish Greens co-leader Patrick Harvie also expressed concern about the move away from Scotland's own ban on conversion therapy.
However, Cabinet Secretary for Social Justice Shirley-Anne Somerville said work would continue on Scotland's own ban in the event of UK-wide legislation falling through.
She said: "The Scottish Government continues to work on a Scottish bill on ending conversion practices.
"We do hope to take it forward in a four nations approach but if that is not possible the work is continuing.
"The pace has not changed and we will continue that work."
LGBT+ charity the Equality Network said it was "disappointed" not to see Scotland's own legislation progress immediately.
A statement published on X/Twitter said: "While there may be benefits to a four nations approach, such as the ability to regulate professions and advertising, these benefits do not make up for the downsides of waiting for a Westminster Bill - namely, ScotGov losing control of the Bill's content and timeline for progress.
"It is essential that all of the hard work that has been done toward the Scottish Government bill is not lost in the process of working with, or waiting for, Westminster.
"It is also crucial that, having invested in developing good proposals providing comprehensive protection for the whole community, that exploring a cross-UK approach does not mean that the Scottish Government will settle for weaker protections and less-inclusive proposals."
The Scottish Government has effectively shelved its plan to ban conversion therapy
by Louise Wilson
04 September 2024
@louisewilso
The Scottish Government has paused plans to bring forward a ban on LGBT+ conversion therapy and instead hopes to back UK Government legislation.
Ministers have also delayed plans to enshrine various human rights covenants, including on disabled people and a right to food, into Scots law.
Both pieces of legislation had been anticipated in this year’s programme for government, having been subject to consultations and other stakeholder engagement, but failed to appear in the list of bills to be brought forward.
Instead, the government had said it will “continue to develop proposals” in both areas.
On conversion therapy, the document makes clear ministers would prefer a UK-wide approach and will only introduce Scottish legislation if that is “not achievable”.
On the human rights bill, it says ministers “remain committed” to the legislation - but by not introducing it this year, it is unlikely to be able to pass a bill before the 2026 Holyrood election.
Campaigners for the conversion therapy ban have said this stalling is a “betrayal of LGBTQ+ people”, while the Scottish Human Rights Commission said it was “deeply disappointed”.
In a statement, the End Conversion Therapy Scotland group said: “What we see with this programme for government is a step backwards form a dedication to deliver a bill on the principles set out by the expert advisory group and instead one of waiting to see what it deliver by Westminster – an approach we have seen is far more likely to leave the most vulnerable in our community behind.”
The Equality Network has expressed concern UK Government proposals would offer weaker protections. Erin Lux, policy coordinator, said: “The Scottish Government would surely have far more influence and ability to end these practices in the most comprehensive and effective way if it chose to legislate here in Scotland.”
Professor Angela O’Hagan, chair of the SHRC, said: “Abandoning [the human rights] bill denies people access to justice to ensure their human rights are fully realised, from a safe home to decent food and good health and social care… The moment to strengthen everyone’s human rights in law in Scotland is now – and should not be put on hold.”
Delivering his first programme for government as first minister, John Swinney committed to eradicating child poverty through early intervention measures, “whole family support” and by enabling “greater economic participation” from families.
He said: “Our goal is to lift every child in Scotland who is in poverty out of it. So we must do more – we know that we cannot address child poverty without addressing family poverty.”
But with regards to funding, the first minister only said ministers would “consider where greater investment is needed”.
The statement was delivered the day after finance secretary Shona Robison was forced to cut public services by £500m to balance the books.
The Child Poverty Action Group has welcomed the focus on the issue, but director John Dickie said the words must be backed up with cash.
He said ministers were already “falling behind in resourcing the childcare, housing and employment actions” and called for “more use of the devolved tax powers” to generate money needed deliver on the policy objects.
He also urged the UK Government “step up to the plate”.
Scottish Conservatives leader Douglas Ross said the first minister’s statement today and Robison’s statement on Tuesday proved the government was “out of ideas and out of money”.
He said: “The programme for government is desperately short of firm commitments because their own mismanagement – in the form of wasteful public spending and a high-tax, low-growth economy – has forced the SNP to impose savage spending cuts to fill a huge financial black hole.”
Scottish Labour’s Anas Sarwar said the Scottish Government had “lost its way”.
He said: “Scotland needed a programme for government that recognised the scale of the challenges facing our country – stagnating growth, record long NHS waiting lists, falling education standards, rising levels of drug deaths, and a housing emergency. But instead, we have an SNP Government with no vision, no strategy and no plan.”
The Scottish Greens have accused the government of selling out future generations. This is the first programme for government in four years the party has not been involved in.
Co-leader Lorna Slater said: “By slashing public spending, particularly on our journey to net zero, the SNP are selling out our future.
“It is a betrayal of the green change that we need and an abdication of our responsibility to tackle the climate emergency. Words are not enough. They are taking us backwards.”
And on the shelving on the conversion therapy ban, the party’s equalities spokesperson Maggie Chapman added: “There is no reason for this legislation to be outsourced to Westminster or for us to sign up to a process that we know will not only lead to significant delays but could end up going nowhere.”
The programme for government sets out 14 bills the government will seek to introduce this parliamentary year, adding to the 12 already undergoing scrutiny.
These include legislation to modernise current laws on adults with incapacity, to create a new building safety levy which will support the cladding remediation programme, and to alter climate change targets follow confirmation that existing interim targets would not be met.
The long-awaited Heat in Buildings Bill, which seeks to decarbonise heating systems as part of the journey to net zero, has been confirmed, as has a bill to create new offences related to misogyny.
The first minister also announced £600m would be made available to increase affordable housing stock, including by bringing existing homes back into use, while amendments to the existing Housing Bill would seek to strengthen planned rent control laws.
On health, he said his government would deliver reforms to primary care by the end of 2026 and aim to meet targets for child and adolescent mental health waiting times by the end of next year.
A review of Creative Scotland was announced and the first minister confirmed cash had been made available for the body to reopen a funding stream for individuals.
The government is also to amend the Scottish Ministerial Code in a bid to improve trust in government. The new guidance will be published by the end of the year and will allow independent advisors to launch investigations where they believe it is merited.
At present, only the first minister can instruct such investigations to take place.
Holyrood Newsle
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