Home › Evidence library › Flaw 16
Key flaw 16 of 17 · (Cl 1(3), 3(1-6)
Conduct abroad
[n] evidence items · [n] accounts · [Jurisdictions]
What it does
A UK person who encourages or assists an abusive conversion practice outside England and Wales commits an offence, even if no practice takes place (cl. 3(3)). The Bill does not say whether the cl. 1(3) healthcare exemption covers health care provided abroad.
Effects: Families who seek exploratory therapy from practitioners outside England and Wales, including online, cannot tell whether they are protected.
At a minimum
State that cl. 1(3) applies to health care services wherever they are provided. Also state
Clauses
1 (3) Conduct which—
(a) is carried out by a person towards an individual with such an intention, but (b) is carried out in the course of providing health care services to the individual concerned, is not a conversion practice unless the person acts in a way that falls far below the standards reasonably expected of a person in their position.
3 (1) A United Kingdom person commits an offence if —
(a) the person carries out conduct in England and Wales that is capable of encouraging or assisting the carrying out by another person, outside England and Wales, of an abusive conversion practice on a United Kingdom individual which is likely to cause—(i) serious harm to the individual’s physical or mental health, or (ii) serious alarm or distress to the individual which has a substantial adverse effect on their usual day-to-day activities; and (b) the person intends to encourage or assist the carrying out of an abusive conversion practice on the individual.
3 (2) A person is not to be taken to have intended to encourage or assist the carrying out of an abusive conversion practice on an individual merely because it was a foreseeable consequence of the conduct in question that it would encourage or assist the performance of such a practice.
3 (3) An offence under this section may be committed whether or not a conversion practice is in fact carried out, outside England and Wales, on a qualifying
individual.
3 (4) In this section—(a) “United Kingdom person” means a United Kingdom individual or a body incorporated or constituted under the law of any part of the United Kingdom; (b) “United Kingdom individual” means an individual who is a United Kingdom national or is habitually resident in the United Kingdom.
3 (5) In subsection (4)(b), “United Kingdom national” means an individual who is—(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, Conversion Practices Bill 10
(b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act.
3 (6) A person guilty of an offence under this section is liable—(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, to a fine or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, to a fine or to both
What the Australian and New Zealand evidence shows
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Evidence
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Related accounts
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Submissions, decisions, correspondence or research from Australia or New Zealand.