Ending conversion practices in Scotland - consultation analysis: SG response

Civil protection orders

82. The consultation proposed that, in addition to new criminal offences, there should be a new civil protection order to protect people from the harms of conversion practices.

83. Concerns were raised by some respondents who felt that the proposal to introduce Civil Protection Orders could be misused by individuals or activists against parents and religious organisations whose views they did not agree with. For example, some respondents mentioned that a civil order granted against the wishes of the person being protected could prevent their attendance at religious services they wanted to attend. However, the consultation explains that a third party would only be able to apply for a civil order with leave of the court and that the views of the person to be protected would be considered by the court.

84. Prior to making any order, the courts would also be required to assess the risk of conversion practices and a risk of harm. This would be assessed to a civil legal standard and evidence will need to be presented to justify the making of an order to protect an individual.

85. Under the proposals set out in the consultation, for any civil order to be granted there would be a requirement for evidence that the person is at risk of harm from coercive behaviour which intends to change or suppress their sexual orientation or gender identity. There is no intention in our proposed legislation to interfere in parental rights and family life and legislation will be focused on harmful and abusive practices.

86. Some respondents were concerned that civil orders could be used maliciously by activists to shut down religious events, or that organisations and websites which centre on or express gender critical views could also be closed because of protection orders. However, the consultation makes it clear that in these types of circumstances where there is no individual person requiring protection, only the Police or a Local Authority would be able to seek an order. To do this, they would need to demonstrate that the person or organisation that is subject to the order has already engaged in at least one prior instance of conversion practices and that there was further risk of harm to persons in Scotland.

87. On the other hand, many respondents were supportive of the proposed civil protection orders and noted the view that preventing harm from occurring is preferable to reacting to harm which has already occurred. Some supportive respondents also highlighted that it is important to offer a non-criminal route to protect people from harm, in addition to the criminal measures proposed. We will continue to develop our policy and proposals in this area further.

88. We acknowledge that respondents have called for further clarity about how civil protection orders would work in practice, what situations they might apply to and this detail will be provided in future engagement around this legislation.