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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 8 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Teresa Medhurst, the new policies would require female prison officers to conduct intimate searches of male-bodied prisoners who identify as female. Can female staff decline to search male-bodied inmates, or would they be disciplined if they refused to do so?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

So they have an opt-out.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Good afternoon. This is a question for Teresa Medhurst. Can you confirm that, under the new policy, if the rapist Isla Bryson, or any other male-bodied sex criminal, asked for a transfer to a women’s prison, it could happen?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Generally.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Do they have an opt-out?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Okay. I will not labour the point. It sounds as though they do not have an opt-out, because—

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

I understand the new procedure, but I think that the short answer in both scenarios is yes—in theory, they could move to the women’s estate.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Okay. Thank you.

The next question is for the cabinet secretary. SPS documents that explain the new policy say that, if prison staff misgender an inmate, that could breach the inmate’s human rights. Article 3 of the European convention on human rights, which relates to inhuman and degrading treatment, is cited. However, not so long ago, Humza Yousaf said that Isla Bryson was “at it”. Nicola Sturgeon refused to say whether she thought Bryson was a man or a woman.

Why should Scottish National Party First Ministers be free to speak that very basic truth while SPS staff and female inmates are prohibited from doing so?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

On the part about presenting a risk to women, if it is deemed that someone like Isla Bryson, or another male-bodied sex criminal, was deemed in an SPS assessment not to present a risk, they could go to the women’s estate.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Okay. So, under the new policy, a male-bodied criminal with a history of violence could move to the female estate.