Hansard

Thank you for the opportunity to be here today to answer questions regarding the management of transgender prisoners and the recommendations of the urgent case review. There have, of course, been concerns expressed about the issue. It is important to provide assurance around the safety of all people in the care of the SPS. In a democracy, it is perfectly legitimate to raise questions and seek assurance. However, the wider discussion around gender identity has risked stigmatising transgender people, which will have a real and direct impact on both transgender people and the broader community of which they are part. As MSPs, it falls on us to provide responsible, rational and compassionate leadership. I hope that the committee would agree that it would be abhorrent if any legitimate scrutiny of the matter was allowed to fuel the view that trans women somehow pose an inherent risk to women. That is clearly not the case, and I remain concerned that that view is even further marginalising trans individuals. As in any discussion involving the criminal justice system, we must also never forget that the victims who will be affected by these instances are also affected by the things that we say. That is true of the specific case to which the lessons learned review relates, and I pay tribute to those women for their bravery. As I said in Parliament, I am keen that the discussions around the issues and the lessons learned review are calm and founded on fact. I am confident that, approached in that way, you will be reassured around both the lessons learned and the wider management of individuals in the care of the Scottish Prison Service. I commend the SPS’s expertise—you have just heard some of the bona fides of the people involved in that process—and their track record of managing the risk posed by individuals in their care. A number of high-profile individuals have been discussed in the media and mentioned in Parliament. I am also aware that there are other transgender individuals in the prison estate who have been living in their allocated establishment for lengthy periods of time without any issue or concern. It remains a long-standing principle of the Scottish Government and the SPS that we do not comment on individual cases, and although that approach has been particularly challenging in this instance, I do not consider it appropriate to forensically examine the details of every individual case in a public forum. The current SPS policy around the management of transgender individuals has been in place from 2014. On 29 January this year, as a result of the specific circumstances of the case that has been mentioned, I announced that a number of interim measures had been decided by the SPS. First, no transgender person with a history of violence against women, which includes sexual offences against women, who was already in custody would be moved from the male to the female estate. In addition, no newly convicted or remanded transgender prisoner with any history of violence against women would be placed in the female estate. Any case that required such a move would be in exceptional circumstances and would require to be approved by ministers. A lessons learned review into the circumstances of the Isla Bryson case was also conducted by the SPS, and I am very grateful to the Prison Service for doing that work and for its conclusions and recommendations. Although the full report will not be published due to the significant amount of personal data relating to both the individual and SPS staff, I wrote to the committee on 9 February in that regard and I published a letter and key recommendations from the SPS. It might be helpful to mention briefly some of the key points in it. As we have heard, Teresa Medhurst confirmed that SPS policy was followed during each decision-making process and risk assessment. Most significant, she has also confirmed that at no time during that period were any women in SPS care at risk of harm as a consequence of the management of the individual. I am mindful that that assurance points to the effective operation of SPS practice and the existing policy. Teresa Medhurst has also confirmed that, after the initial risk assessment procedure and multidisciplinary case conference that were undertaken in terms of that policy, the individual concerned was transferred to and remains in the male estate. As additional assurance, I advise that full multidisciplinary reviews are also currently under way for each transgender person who is in custody. The Scottish Prison Service indicated that the protective measures that were originally put in place would be amended to take account of the lessons learned review and developing operational experience. Critically, it remains the case that any transgender person who is currently in custody and who has any history of violence against women, including sexual offences, will not be relocated from the male to the female estate. However, the SPS has decided that any newly convicted or remanded transgender prisoner, not just those with a history of violence against women, will initially be placed in an establishment that is commensurate with their birth gender. That wider measure reflects operational practicalities, which I am sure that Teresa will be able to talk to if you require. In the light of the lessons learned review highlighting the lack of available information sharing at the pre-custody and post-admission stage, that is a precautionary approach that I commend. Again, in exceptional circumstances in which a move contrary to those measures is required, ministerial approval will be required and sought. A key area for improvement from the lessons learned review is for improved information sharing and communication between justice partners and the SPS to allow for advanced alerts to ensure that there is a clearer approach to the transfer of transgender individuals from the court to SPS custody. The review also supported the current approach to individualised risk assessments and the balancing of rights, but it highlighted the need to consider improvements to the admissions process, particularly around the weight attached to an individual’s offending history. Teresa has indicated that she has accepted those recommendations and that the SPS has started work to action them. The SPS has confirmed that the lessons that have been learned will also feed into its on-going review of its policy on the management of transgender prisoners. As we have heard, the management of any group of prisoners involves an element of risk; clearly, that is not unique to prisoners who are transgender. The approach that the SPS takes must be based on its legal obligations and on the human rights and trauma-informed approach that it takes to all those in its care. Crucially, it must protect the safety of all prisoners and staff. Along with the chief executive, I am happy to answer any questions that the committee has on these issues. 09:15