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.
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.
"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."
We are disappointed to see no firm commitment to a timeline for legislating on Conversion Practices in Scotland in today’s Programme for Government. pic.twitter.com/9ojjFNnP8j
— Equality Network (@LGBTIScotland) September 4, 2024
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."
