Government finding it impossible to legislate on conversion therapy

By James Kennedy

The Government is not expected to legislate on conversion therapy before an election, the Irish Times reports.

Despite gaining Cabinet agreement over a year ago in June 2023, the Bill has been stuck in drafting ever since. Equalities Minister, Roderic O’Gorman TD (Green Party) is responsible for the Bill’s legislative progress.

The Irish Times explains:

“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.

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

As there is limited Parliamentary time before a General Election (which must take place by March 2025), it is thought to now be unlikely that legislation will be produced under the current Government.

The Minister told the Irish Times the legislation had not advanced as he had hoped:

“‘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.’”

It is no surprise that defining ‘conversion therapy’ is proving difficult. Christians and others have warned that a new law is likely to cover the ordinary work of churches, in contravention of international human rights law.

Lawyers have warned that no fewer than four articles of the European Convention on Human Rights would be trampled by the definitions put forward by groups seeking a new law. The definitions used to legislate on ‘conversion therapy’ in Victoria, Australia and in Canada were likewise found to be impossible here.

The Seanad first considered a proposal in 2018, but the plans were kicked into the long grass after the Government was advised the wording was “not clear enough in its language”. In June 2023, O’Gorman said he hoped that this time around the legislation would be “constitutionally secure”.

I wrote in Gript at that time that the Irish Constitution should prevent a law that interferes with the constitutional right of parents to provide for the moral education of their children. It should protect religious freedom and freedom of speech too.

At that point, I also set out the timeline O’Gorman had hoped to meet. He appears to have missed every single deadline. The Bill has been stuck in ‘priority drafting’ for almost a full year.

It appears he might still put some legislative wording on the table ahead of an election. Presumably he hopes it will be picked up by the next government. I suggest it is time to call it a day. He should admit it is impossible to draft the legislation he wants in a human rights compliant way.

Sign up to the Let Us Pray campaign for updates - join the campaign.

See also: Church leaders warn Starmer of hostility Christians face on ‘conversion therapy’