Ending conversion practices in Scotland: consultation analysis
Analysis of the responses to our consultation on proposals for legislative change to end conversion practices in Scotland.
1. Introduction
Background
45. This report presents analysis of responses to a public consultation on Ending Conversion Practices in Scotland.
46. As set out in the consultation document noted that in the 2022-23 Programme for Government, the Scottish Government reaffirmed its commitment to develop a Bill on ending conversion practices in Scotland, and that this would include both sexual orientation and gender identity. The proposals for legislation, set out in the consultation, aim to protect people from the harm of conversion practices, so contributing to broader protection of human rights and respect for the dignity of LGBTQI+ people.[10] The proposals sit within a programme of Scottish Government policies that seeks to ensure that the rights of everyone in Scotland are respected, protected and fulfilled.
47. Following the consultation, the Scottish Government reaffirmed its commitment to ending conversion practices in Scotland in the 2024-25 Programme for Government which stated that the Scottish Government will “progress its commitment to ending conversion practices in Scotland and work towards complementary approaches across the UK. We will prepare legislation for introduction to the Scottish Parliament should a UK-wide approach not be achievable”.
48. The Scottish Government is also committed to ensuring that this legislation upholds all existing rights protected in law including: freedom of thought, conscience, and religion; freedom of expression; and the right to family and private life.
The consultation
49. The consultation exercise was launched on 9 January and ran until 2 April 2024. It asked a total of 38 questions of which 14 were closed, and 24 were open. Responses to the consultation will help to shape legislation designed to address harmful conversion practices in Scotland.
50. The consultation documents are available on the Scottish Government’s website, including in an Easy Read version.
Analysis and reporting
51. The report presents a question-by-question analysis of answers to the closed questions and comments at open questions.[11]
52. The analysis at the closed questions uses variable bases, meaning it includes only those who answered the closed question. Please note that percentages may not sum to 100% due to rounding. Please note also that the response rate varies from question to question and, in particular, tends to be lower at later questions.[12]
53. The analysis of the additional comments made is generally structured around points made in support of, or in opposition to the proposal. It is ordered according to most frequent position at the closed question, for example if the majority of respondents had disagreed at the closed question, this position will be covered first.
54. The analysis is qualitative: if a point was more frequently raised this will be indicated, but otherwise the focus is on setting out the range of views raised. This approach reflects not only the self-selecting sample, but also the nature of qualitative data of this type.
55. It is also important to note that an analysis of this type reflects the comments made and does not seek to verify the accuracy of those comments or make any judgment on the views expressed. This includes respondents’ interpretations of the law. However, if points made include objectively inaccurate information, this will be noted in the analysis (generally as a footnote).
56. The analysis team appreciates that the language used in relation to this issue can be of particular importance and significance to respondents. Where possible, the report seeks to reflect the language used by respondents, and in so doing there is never any intention to offend. However, clearly offensive or defamatory terms have not been used.
57. Commentary on the closed questions uses full respondent group names, but the analysis at open questions uses abbreviated group names in some cases. For example, from the ‘Political party or Trade union’ group, respondents will be referred to as either Political parties or Trade unions as appropriate.
58. As with any public consultation exercise, it should be noted that those responding generally have a particular interest in the subject area. Therefore, the views they express cannot necessarily be seen as representative of wider public opinion.
Profile of respondents
59. In total 5,811 responses were available for analysis,[13] of which 162 were from groups or organisations and 5,649 from individual members of the public. Three of the individual respondents used the Easy Read version.[14]
60. Where consent has been given to publish the response, it can be found on the Scottish Government’s website. Click here to view published responses.
61. Respondents were asked to identify whether they were responding as an individual or on behalf of a group or organisation. Group or organisation respondents were allocated to one of eleven groups by the analysis team, as detailed in Table 1 below. When reference is made to a particular grouping of respondents, we have used capitalisation to signify this, for example referring to Individual respondents.
62. In a number of cases, respondents could have been placed in more than one group. For example, some Women’s groups could be categorised as a Women’s group or as a Third sector organisation. In these cases, the main themes raised in the response informed the categorisation.
63. This approach also applies to the LGB and LGBTQI+ groups. Organisations were placed in the LGB group if their stated focus is on the protection of rights for Lesbian, Gay, and Bisexual people specifically.
64. Those in the LGBTQI+ group tended to consider that legislation should apply equally to ending conversion practices associated with sexual orientation or gender identity. Respondents in the LGB group often considered that the proposals should not apply to those with trans identities.
65. A breakdown of the number of responses received by respondent type is set out below, and a full list of organisations who responded is appended to this report as Annex 2.
66. Individuals accounted for 97% of all respondents to the consultation.[15]
67. Faith or belief bodies or groups were the largest organisation respondent group by some margin, accounting for around half of all responses received from organisations. This was followed by Medical, psychology or counselling groups or bodies, LGBTQI+ groups, Campaign groups, policy forums or think tanks, and Political parties or trade unions.
68. The Faith or belief body respondents included General Assemblies or leadership groups from a number of Christian denominations, many individual churches, representatives of the Islamic faith and representatives of other beliefs.
Table 1 – Respondents by type
Type of respondent
Organisation: Campaign group, policy forum or think tank
Number
10
Type of respondent
Organisations: Faith or belief body or group
Number
84
Type of respondent
Organisations: Family or parental support group
Number
4
Type of respondent
Organisations: LGB group
Number
3
Type of respondent
Organisations: LGBTQI+ group
Number
13
Type of respondent
Organisations: Medical, psychology or counselling group or body
Number
17
Type of respondent
Organisations: Political party or trade union
Number
10
Type of respondent
Organisations: Public body or local authority
Number
2
Type of respondent
Organisations: Social work, legal or community safety group or body
Number
5
Type of respondent
Organisations: Third sector
Number
7
Type of respondent
Organisations: Women’s groups
Number
7
Total Organisations
Number
162
Individuals
Number
5649
All respondents
Number
5811
Profile of responses
69. It was clear that many respondents (primarily individuals but also including some organisations) had drawn on materials produced by, or responses published by, one or more organisations.
70. In terms of those who tended to oppose the proposals, the analysis of further comments suggests that many respondents drew on material produced by Faith bodies, LGB groups and possibly Women’s groups. In terms of those broadly in support of the proposals, many had drawn on suggested responses compiled by LGBTQI+ groups.
71. Other points to note about the further comments made included that:
- The overall comment rate tended to be higher at earlier questions.
- The comment rate also tended to be higher amongst those who generally did not support the proposals, and their comments also tended to be more extensive. This applied at Question 2 in particular.[16]
- A small number of individuals and organisations submitted specific and detailed comments on the proposals, including the draft legislation itself. While it is outwith the scope of an analysis of this type to cover all the issues raised, these responses have been highlighted to the Scottish Government.