A proposed ban on conversion therapy in Northern Ireland has been savaged as “jellyfish laws”, which fails to properly define what could be made illegal and so risks criminalising perfectly innocent and well-intentioned behaviour.
A 70-page critique of the proposed law, written by Aidan O’Neill KC, notes a number of problems with the laws.
The proposed law is a Members Bill and is being recommend by Eóin Tennyson MLA. According to O’Neill’s assessment the law has significant technical in addition to legal problems.
On the technical front, Member’s Bills are only permitted to concern one in all Stormont’s departments. This proposed bill nonetheless, while initially being proposed as a criminal justice matter, has already been referred to the Department for Communities and the Department of Health, meaning it impacts on three departments.
O’Neill, who’s working along with The Christian Institute, also said the bill “could also be said to be a big or controversial matter that’s clearly outside the scope of the present programme … agreed by the Executive Committee and approved by the NI Assembly”.
Aside from the technical facets of the bill, O’Neill highlights some serious legal implications, should it ever turn into law.
“Like the Scottish draft Bill these proposals for NI laws are perhaps best described as ‘jellyfish laws’. The concepts they use are inconceivable to understand; the boundaries of the proposed laws are wholly undefined,” he said.
He added that the murkiness of what’s included within the term “conversion therapy” would have the “undoubted and intended effect” of deterring people from performing any motion that might be interpreted as a breach of the law, which comes with a maximum penalty of seven years in jail.
Such actions could include, but are in no way limited to, praying for an individual, simply having a discussion about sex and sexuality, or parents attempting to dissuade their child from having a sex change.
O’Neill further warned that the laws may penalise religious groups and political parties that don’t agree with “the State’s approved doctrine” on matters of sexuality and transgenderism.
James Kennedy, NI Policy Officer for The Christian Institute, said, “If Tennyson’s proposal gets onto the statute book, it’s going to be a tragedy for Northern Ireland. Ordinary mums and dads will face criminalisation for helping their children to be comfortable in their very own skin, somewhat than in search of lifelong medicalisation and so-called transition for them. Telling your child ‘let’s just wait and see’ could land you with lengthy jail time and fines.
“Those who uphold traditional church teaching on marriage and gender could likewise face the complete force of the law. Prayer meetings, Bible studies, pastoral care and church membership would all face the imposition of State-approved LGBT pondering.”
