‘Appalling’: SNP MSP hits out at Scottish Government's single-sex prisons stance

An SNP MSP has accused the Scottish Government of “appalling” actions over the Supreme Court’s single-sex spaces ruling.

Senior judges found against the SNP administration’s stance on women-only spaces and services, saying UK-wide equality laws refer to biological sex, not preferred gender.

The landmark ruling followed a challenge by campaign group For Women Scotland (FWS) and clarified that biological men cannot be included in female participation quotas on public boards, regardless of their gender identity.

Since then, the Scottish Government – which has said it respects the court ruling – has been under pressure to ensure its guidance across the public sector is in line with the findings.

But a number of transgender women are still housed in the women’s prison estate and critics say that is putting female prisoners at risk.

The Scottish Government is preparing to defend its policy in court as FWS challenges it again. Today First Minister John Swinney said ministers want to ensure its rules “comply with all of our legal obligations, including the Scotland Act and the European Convention on Human Rights”.

At First Minister’s Questions there was criticism from across the political spectrum, including from the SNP’s own benches.

Ruth Maguire MSP said: “The need for protection of spaces for women who sit at board tables has been accepted and the law corrected, but a policy that means female prisoners, a majority of whom have experienced male violence, may have to share close quarters with male-bodied inmates while in the care of the state is being defended.

“Knowing everything that we do about trauma, given the countless testimonies by women on this matter, including both privately and publicly by a number of his own party colleagues, does the first minister understand just how appalling the government's actions feel to many of us, and how difficult it is to reconcile the Scottish Government's words on the protection of single sex spaces for females with their actions on this matter?”

Maguire’s question came after former Scottish Conservative leader Douglas Ross raised the matter with Swinney, asking why the government is “going to court to continue to allow it to house male prisoners in the female prison estate”, and what it will cost taxpayers.

Swinney said: “Every key area of government which is or may be affected by the Supreme Court judgment is carrying out assessments across legislation, guidance and policies, and in some areas, changes have already been made. The prisons guidance has not been changed, and it can be taken from that the Scottish Government has concluded that it does not need to be changed.

“In light of the Supreme Court judgment, For Women Scotland has brought proceedings challenging that conclusion, as they are entitled to do so. The matter is now before the court. The Scottish Government has to make difficult decisions which balance the interests and rights of individuals, often in complex situations. And this is one such situation.”

Ross said: “I am not allowed to call the first minister a liar, but that answer was not truthful.”

He went on: “There are three biological males housed in Scotland's female prison state: Alex Stewart was jailed for 19 years for murder after stabbing his victim 16 times in the chest; Melissa Young was jailed for 20 years for murder and left his victim with 29 injuries from multiple stab wounds; and Paris Green was jailed for 18 years for torture and murder. He recently assaulted a female member of staff, but has still not been moved to the a male prison. So let me ask the first minister this – these evil killers are all housed with women prisoners. Are they male or female?”

Swinney said the government’s written case will be published ahead of a scheduled hearing in February, “in the interests of open justice”. He said: “Making the materials lodged with the court publicly available will allow anyone with an interest to follow in a well-informed way what is said in court.”

Labour’s Pauline McNeill said: “The government claimed that they do accept the Supreme Court ruling and the definition of women in the Equality Act, but I'm not certain that they do. And to be honest, I am not sure the first minister fully understands the impact that this is having, because they have chosen to advance an argument in court that a blanket ban on housing trans women in the women's estate may violate their human rights under the European Convention on Human Rights.

“What consideration did the government give to the human rights of female prisoners to serve their sentence with dignity and safety for male-bodied prisoners? So I ask the First Minister today, in the likely event that the government will lose this court case in the light of the supreme court judgment, when will the government, soon after, comply with this judgment, and will that policy be changed as a matter of urgency?”