No biological males in women's prisons, Scottish Prison Service confirms

An image of a series of security gates in a prison - with floor-to-ceiling white metal bars. Above the first set it says "E/F Wing" and a prison officer - a bald man in a white shirt and black trousers - is opening the gate. We see him from behind.

All transgender inmates have been moved out of women's prisons, according to the Scottish Prison Service (SPS).

SPS deputy chief executive Adam Jobson told Holyrood's Equalities Committee that a small number of transgender prisoners had been moved. He said that trans women - biological males who identify as women - were now held in men's prisons.

The move was to comply with a judge's ruling in June, that sex segregation in prisons must be based on biological sex rather than gender identity.

Judge Lady Ross said her decision was based on the Supreme Court ruling last year on the definition of a woman in equality law.

Justice Secretary Neil Gray had said in the summer that work was under way to comply with the law and move prisoners.

Jobson told the committee there are now "zero biological males within the women's estate".

The Green MSP for Glasgow, Holly Bruce, said she had "safeguarding concerns" around trans prisoners.

She said: "I do have concerns that there are going to be real risks posed to these women."

Jobson said trans prisoners were "absolutely" being treated with respect and that detailed plans for their transfer to male prisons had been put in place.

He told MSPs the SPS published quarterly the number of people in jails who are transgender.

The equalities committee is examining how new guidance from the Equality and Human Rights Commission (EHRC) on single-sex spaces is being implemented by organisations.

In August, the EHRC code of practice said single-sex spaces open to the public, such as toilets and changing rooms, should be organised based on biological sex.

It also said trans people should use either gender-neutral facilities or the ones that matched their biological sex, in places such as gym changing rooms or rape crisis centres.

People 'challenged' in toilets

Holly Bruce said the code was having "harmful effects" on "gender non-conforming people, specifically cis women who present more masculinely".

She said: "I have had constituents write to me about their experiences using bathrooms and leisure facilities, in pubs, in businesses, in many different settings within society, and have been challenged by people within those bathrooms for using those spaces when they have the right to do so."

She said one constituent had told her they no longer felt safe going to the bathroom on their own.

Appearing before the committee, Michael Dickson, chief executive of the Scottish Ambulance Service, said the NHS was implementing the code "in a way that respects the rights and dignity of all of the people that use our services".

But he warned against a "political narrative" around it that he said was "particularly unhelpful".

"This is a legal ruling," he said. "The implementation of the code is an implementation of the code, but there are people affected by values and representations of arguments, and often from leaders, political leaders, that can make this whole situation far more difficult than just dealing with a legal ruling or just dealing with the guidance.

"I think we can do all that we can do, but there is that wider public narrative that I think is being shaped."

Equalities committee convener Katie Hagmann said figures from Stonewall showed 11% of lesbians in Scotland felt they had been questioned about their sex assigned at birth, a figure which jumped to 25% for trans people.

Kirsty Cumming, chief executive of Community Leisure UK, said there was "no expectation that staff across leisure centres should be policing toilets or policing areas".

"But there are mechanisms in place for people to come forward and speak to staff and to be treated with the dignity that they deserve and would expect from a public service," she said.

Cumming said there was a need for staff training "to feel confident, to feel empowered, to understand how to deal with things sensitively, to operate with dignity, to appreciate the privacy of individuals".

Original source No biological males in women's prisons, Scottish Prison Service confirms

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