A leading lawyer has said ministerial plans to ban conversion therapy in Scotland would “criminalise” parents and preachers.
Aidan O’Neill KC claimed the move could “outlaw” parents who “lovingly and in good faith . . . seek to caution their children”, “with their own best judgment and conscience”.
The advocate has documented his opinion in 68 pages for the Christian Institute, a non-denominational charity that has engaged his services to prepare for legal action.
Scottish government’s proposals would prohibit practices aimed attempting to change a person’s sexual orientation or gender identity.
These could be talking therapies or prayer, as well as the more extreme forms that have been reported, including exorcisms, physical violence and food deprivation.
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There will be a full public consultation this year on proposals and a bill will be introduced by the end of the year.
Last year, an expert advisory group commissioned by Holyrood ministers outlined 32 recommendations for a new criminal offence.
One member, Blair Anderson, a campaigner from End Conversion Therapy Scotland, called on MSPs to “uphold their commitment to bring these abhorrent practices to an end”. The Scottish government welcomed the report.
Yet O’Neill claims the ban could overreach, claiming it could extend to “parental advice”.
He said: “These proposals would also criminalise parents who lovingly and in good faith and in accordance with their own best judgment and conscience seek to caution their children in relation to any stated intention to embark on ‘gender affirmatory’ or ‘gender transition’ treatment.
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“The giving of such parental advice might result, were the expert group’s recommendation to be followed into law, in these parents being deprived of their parental rights and/or their children removed from their care.”
A Scottish government spokesman said: “Conversion practices that try to change a person’s sexual orientation or gender identity are harmful, discriminatory, and have no place in our society.”
