Labour would act ‘within days’ to make women’s prisons single-sex – Sarwar

Anas Sarwar has said he would act to ban transgender prisoners from women’s jails “within days” if he becomes First Minister.

The Scottish Labour leader said his party would ensure that prisons are “single-sex, based on biological sex”.

His intervention comes ahead of a Court of Session hearing where campaign group For Women Scotland are challenging the Scottish Government’s position on the management of transgender prisoners.

In a case which will begin in Scotland’s highest civil court this week, For Women Scotland are challenging the current guidelines and seeking to have them struck down.

Writing in the Daily Record, Mr Sarwar said it is “simply not right that men who have committed sexual or violent crimes against women can be housed in women’s prisons”.

He continued: “The law is clear. The Supreme Court is clear – the Equality Act must be respected.

“That means defending single-sex spaces for biological women in services, in sport and in everyday life. That is what I will deliver in government.

“Nowhere does this matter more than in our prison system. Many women in custody have experienced trauma and violence, often at the hands of men.”

He added: “Within days of being elected, Scottish Labour would ensure prisons are single-sex, based on biological sex, and bring an end to years of confusion and legal dispute.

“While the SNP obsesses over division, Scotland’s NHS is under unbearable strain. Too many children are being let down in school.”

In legal arguments published ahead of the Court of Session case, the Scottish Government said that blanket ruling that transgender offenders can only be placed in a prison that matches their sex at birth risks violating their rights.

The government will argue that placing prisoners in a prison for those of the opposite biological sex may be required to prevent a violation of the Human Rights Act.

Decisions on the placement of transgender prisoners are based on an “individualised assessment” and there has been no “significant operational issue” as a result of transgender prisoners being housed in jails for the opposite sex.

The Scottish Prison Service has been approached for comment.