Under the current version of the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act, it would be illegal to perform conversion therapy on a vulnerable person, defined by those 18 and under or anybody who for whatever reason is unable to take decisions for themselves.

During the second reading of this Act this evening in parliament, Health Minister Chris Fearne recommended that the definition of a vulnerable person be changed so that the age is reduced from 18 to 16.

He said that it would be consistent with other laws currently being discussed in parliament, such as reducing the voting age and the age of sexual consent to 16 years-old.

In addition to criminilising conversion therapy on vulnerable persons, this act also criminilises involuntary or forced conversion therapy on any person, to advertise conversion therapy, for professionals to offer this type of service or refer a person to a professional or anybody who offers this type of therapy.

Conversion therapy seeks to limit or change a person’s sexual orientation, typically it issued to convert homosexual individuals into heterosexual ones. Health care professionals and academics across the globe have reached consensus that the practice is very harmful to the individual.

The Bill passed through its second reading, and has now been recommended to proceed to committee stage, where the nitty-gritty of the law itself is ironed out. After committee stage, the Bill would be transposed into law. 

In her intervention this evening, Civil Liberties, Social Dialogue and Consumer Affairs Minister Helena Dalli said:

“It is unacceptable for certain people to be treated like second class citizens because of their lifestyle choices. This law seeks to give rights to persons who should not be left behind because who they are does not seem to conform with society.

“We must now focus on educational policy. These laws are new and modern, and it is not enough to stop there. It is important for education and awareness to be promoted.

“We must change ideas, attitudes and be truly inclusive. All persons should be allowed to live their lives with dignity, with respect and with the freedom to take decisions that are right for them.

“Through these bills, parliament will be making significant strides in fostering equality for all within Maltese society.

“As a citizens, as a political party and as a government it is our duty to introduce laws like this that break down the barriers of prejudice and provide all minorities with the dignity and respect they deserve.”

Referring specifically to the amendment which seeks to outlaw conversion therapy, Dr Dalli said that it is absurd because the notion behind this practice implies that being homosexual is some form of illness.

“I will not condemn a parent for sending their children to conversion therapy, because ultimately parents only want what’s best for their children. It is because they believe that they are acting in their child’s best interest – which shows the need for education and awareness. I would not judge the parent, but I would hold the person responsible who, probably against payment, is giving a family false hope that a sexual identity can be changed.

“Professionals and society should not be telling children they can change, but should be teaching them to be confident and assertive, how to deal with bullies and how to move forward in a way that allows them to love and respect themselves.

She made reference to a trans American girl who unfortunately wound up killing herself following a series of interventions by the religious community to help her ‘change’ back to her natural-born state.

When she realised that her parents nor the society surrounding her would not accept her the way she is, rather than those very people helping her to accept herself, she decided to end her life.

“People are not defective, and do not need to be in any way altered with regards to gender or sexual identity.

“There is no scientific basis for conversion therapy, it is just based on ignorance and prejudice."

Dr Dalli praised Drachma, a civil liberties group that support the criminalisation of conversion therapy because all persons are “god’s children”.

She slammed the Curia for its position against the Bill, and for not recognising the serious adverse effects this practice has on individuals.

Making reference to Archbishop Charles Scicluna’s statement that the damage caused by conversion therapy is in no way negligible, Dr Dalli praised this stance. Archbishop Scicluna’s statement was made amidst criticism on the position paper released by the Curia on the matter.

Nationalist Party MP Karl Gouder, who forms part of the LGBTIQ community praised this Bill and also stressed how monumentally harmful and disparaging this sort of treatment is, cautioning parents not to consider this.

Spokesperson for Youth and Sport Clyde Puli also praised the Bill and highlighted the consensus across the House with regard to this issue:

“In practice, we are saying that the sexual orientation identity, gender identity and gender expression is in no way an illness. With this in mind, conversion therapy practices cannot be permitted.

“Will this law prevent persons commit suicide because they feel excluded and rejected by society? Maybe, maybe not, however this Bill provides the groundwork for a more inclusive and accepting society.”

Government Whip Godfrey Farrugia cautioned against blanket statements in the law. He unequivocally condemned conversion therapy and highlighted its harmful effects.

He made note of extenuating circumstances, such a major psychiatric issues or a person suffering from obsessive compulsive disorder. He said in isolated cases, persons suffer from those mental illnesses could have symptoms manifest themselves through beliefs of their sexual orientation. Due to the serious mental illness of these individuals, counselling would still be required, and not because of their sexuality but because of how their illness has manifested itself.

“In the case of Schizophrenic behaviour, this could force personal beliefs to relate to sexual orientation. This shows the distinction between the demarcations of what is normal and what is a result of some legitimate mental illness.”

Dr Farrugia said that the way the law is currently written might leave psychiatric professionals in unchartered legal therapy for a minority of isolated cases. He reiterated that he is unequivocally against conversion therapy.