Labour’s trans conversion therapy bill is ‘contrary to rule of law’, warns former top prosecutor

Speaking to The Telegraph, Lord Macdonald said that the draft Bill is “unclear” and it is “rule of law” that Britons should be able to understand whether what they are doing is legal or not.

He added that it could be an attempt by the trans lobby to get legislative changes “through the back door”.

He said: “I don’t think it criminalises anything that isn’t already criminal. The minister in the House of Lords was asked to explain what it was that was presently not criminal, that would be criminalised by the legislation.

“And he said that will come out in pre-legislative scrutiny, which, is unprecedented.

“If the minister can’t explain what it is that’s presently lawful that the Bill is going to make unlawful, that means there’s a serious problem with the Bill, frankly.”

Discussing the possibility of parents being imprisoned for talking to their children about transitioning, Lord Macdonald made clear that the legislation puts people in an “unacceptable situation”.

He told The Telegraph: “It talks about the use of psychological or emotional pressure. The problem with that is, when you’re having very sensitive discussions between, for example, parents and their children, or clinicians and their patients, it’s very difficult to understand what that means.

“There’s a basic principle called legal certainty, which is a very important part of the rule of law, which means that people need to understand when they are breaking the law and when they’re not breaking the law.”

He added: “But I think those concepts of psychological or emotional pressure mean that it would be very difficult for parents to know when they’re talking to their children or for clinicians to know when they’re talking to their patients, whether they’re breaking the law or not.

“And that is obviously an unacceptable situation. It’s completely contrary to the rule of law.”

Opposing the draft legislation, a group of Labour MPs and peers have scrutinising the law and could request amendments after interviewing witnesses.

Labour MP Steve Yemm has said although he supports banning “abusive and coercive conversion practices”, parents, teachers, and clinicians must be able to have an open discussion with children without the fear of being arrested.

He told The Telegraph: “Biological sex matters, and legitimate gender-critical beliefs must remain protected. I welcome the parliamentary scrutiny of the draft bill and hope it will address these concerns.

“I remain sceptical, but I have an open mind and would be willing to support legislation that protects people from genuine abuse while safeguarding freedom of belief and appropriate clinical care.”

The Government strongly rejects suggestions that ordinary conversations between parents and children would become criminal.

In a parliamentary answer on October 29, equalities minister Simon Lightwood said: “The draft Bill will not prevent parents from making choices on how to raise their children. We are preventing a very specific, severe form of abuse.”

Ministers insist the proposed law is intended to close gaps in existing legislation, particularly around psychological abuse, rather than punish parents for expressing concern or offering advice.

The draft Bill is undergoing parliamentary scrutiny and has not yet become law.