Legislation banning conversion therapy unlikely in Government’s lifetime

Roderic O’Gorman says aspects of proposed law have proven ‘extremely complex’, and engagement with Attorney General ongoing

Minister for Children and Equality Roderic O’Gorman: 'We want legislation that is effective and robust and safe from legal challenge.' Photograph: Stephen Collins/Collins Photos

Promised legislation to ban conversion therapy – where LGBTI people are pressured to change their sexuality or gender – is unlikely to be enacted within the Government’s lifetime, Minister for Children and Equality Roderic O’Gorman has said.

Speaking on Friday at an event where three professional therapeutic associations formally renounced the “unethical” and “harmful” practice, Mr O’Gorman said he had hoped legislation outlawing the practice would be “more advanced” by now.

The programme for government contains a commitment to legislate to end the practice of conversion therapy. But with an election having to happen by March, and many expecting one later this year, the law is unlikely to progress at this stage.

The Minister said aspects of it had proven to be “extremely complex” and he was continuing to engage with Attorney General Rossa Fanning on the matter.

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“I can’t give absolute certainty today,” he said when asked when the law would be enacted.

At the event in Trinity College Dublin, the College of Psychiatrists of Ireland, the Irish Association for Counselling and Psychotherapy, and the Psychological Society of Ireland signed a memorandum of understanding (MOU) committing members not to engage in the practice in the Republic and in Northern Ireland.

“These practices are sometimes referred to by terms including, but not limited to, ‘reparative therapy’, ‘sexual orientation and gender identity change efforts’ or ‘gay cure therapy’. This therapy may sometimes be covertly practised under the appearance of mainstream practice without being named,” the memorandum says.

“Signatory organisations agree that neither sexual orientation nor gender identity in themselves are indicators of a mental disorder.”

It adds: “It is very important to emphasise that this MOU does not seek to deny, discourage or exclude those with uncertain feelings around sexuality or gender identity from seeking qualified and appropriate help. The MOU explicitly supports healthcare providers to provide appropriately informed and ethical practice when working with clients who wish to explore, experience conflict with, or are in distress regarding their sexual orientation or gender identity.”

The Minister said in February of last year that the legislation to ban conversion therapy was “a priority for Government this year”.

“This practice is abusive and causes significant harms to people already in distress,” he said following the publication of a report by the School of Nursing and Midwifery at Trinity College.

That report – the first in Ireland on conversion therapy – surveyed more than 250 people and included detailed interviews with seven who had undergone such practices. It detailed victims’ accounts of “traumatising”, “destructive”, “anxiety-provoking”, “horrendous”, “harmful” and “damaging” experiences of conversion therapy.

The empirical basis for that report, given the small number of interviewees, was subsequently described as “limited” by Dr Karl Neff, clinical lead at the HSE’s National Gender Service. Its author, Dr Brian Keogh, associate professor of mental health in the Trinity School of Nursing and Midwifery, on Friday acknowledged the report’s “limitations” but said he believed those who spoke to him. He was confident the practice happened in Ireland.

Mr O’Gorman, who was elected Green Party leader this week, said he had spoken to people who had undergone conversion therapy in Ireland.

Asked what was delaying legislation outlawing it, he said he wanted legislation to cover sexual orientation and gender identity.

“I wanted to make sure it covered quasi-religious practices and quasi-therapeutic practices, and to ensure those very necessary conversations that take place when someone is exploring their gender identity or sexual orientation wouldn’t be impacted,” he said.

“Balancing those elements is proving tricky in terms of getting those clear legal definitions. We want legislation that is effective and robust and safe from legal challenge. I can’t give absolute certainty today but we are working to introduce this legislation within the lifetime of this Government.”

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times