We are delighted that @CrimeandJustice have published this blog of ours about the development of the Scottish Prison Service's transgender prisoner policy and the failure to consider female prisoners and female prison officers: crimeandjustice.org.uk/resources/opaq… 
The SPS transgender prisoner policy was one of two case studies we used in our August 2019 @ScottishAffairs article 'Losing sight of women's rights: the unregulated introduction of gender self-identification as a case study of policy capture in Scotland': research.ed.ac.uk/portal/files/1…
In 2014 the Scottish Prison Service (SPS) introduced its Gender Identity and Gender Reassignment Policy, aimed at supporting a different group of vulnerable prisoners, also with specific needs. That such a policy was required is not in doubt.
What is in question, is the SPS decision-making process, which, despite the emphasis on vulnerability in the 2012 Angiolini report, failed entirely to consider the impact on female prisoners or staff, focusing only on the needs of transgender prisoners.
Developed in partnership with the Scottish Trans Alliance & Stonewall, the policy circumvented the single-sex exemptions in the Equality Act 2010 & established a de facto mixed-sex estate, by enabling male prisoners who identified as women to be accommodated in the female estate.
The policy also provided that prisoner searches be undertaken on the same basis, and stated that staff concerns about searching a person of the opposite sex should be addressed, 'via training and information about gender reassignment and equality requirements’.
Against a backdrop of increasing public concern about the impact of gender self-identification on women’s rights, in December 2018 an online media outlet reported that the SPS intended to review its transgender prisoner policy, commencing in early 2019. theferret.scot/change-in-poli…
Five months later, in May 2019, a report by Women and Girls Scotland brought the operation of the policy to public attention, documenting concerns raised by SPS staff (and subsequently confirmed by a former SPS Governor in the Scottish Parliament).hjn.a49.myftpupload.com/wp-content/upl…
In June 2019, Labour MSP Elaine Smith raised the findings in the Scottish Parliament, alongside concerns about a lack of policy scrutiny or wider consultation. In response, the Cabinet Secretary for Justice stated that the review was underway, and that MSPs would be consulted.
In August 2019, the SPS told broadcaster STV that it was committed to reviewing the policy and holding an open consultation. At the same time, the SPS Head of Corporate Affairs said, 'We've operated this policy successfully for a number of years'. archive.news.stv.tv/politics/14397…
In February 2020, in response to a parliamentary question on the status of the review, the Justice Secretary stated that the SPS had completed its internal consultation, and that external consultation was expected to begin in October 2020:
A recent paper by a former SPS employee published in the current edition of the Prison Service Journal sought to capture the views of transgender prisoners, asking where those in custody would like to be housed. crimeandjustice.org.uk/publications/p…
The paper draws on interviews with 13 transgender prisoners, eleven of whom are described as transitioning from male to female, with one having undertaken surgery.
It notes..."the desire of transgender people in custody to be treated in the same manner of people of the same gender as them" & that this "resulted in a number of participants wanting to be searched more, to share a cell and shower at the same time as other people in custody".
Whether female prisoners felt comfortable sharing cells or showering at the same time as biological males is not discussed. Staff discomfort at conducting body searches on people of the opposite sex, resulting in less frequent searches, is however noted.
The journal editorial states that the paper focuses, 'on the experience of people directly affected and shows the diversity of perspectives' but fails to note that women are not considered.
At the time of writing, the review process remains elusive. Indeed, at no stage have the SPS or Scottish Government formally announced that a review would take place, responding only to media queries, parliamentary questions or Freedom of Information requests.
There are no routine statistics published on the number or placement of transgender prisoners, nor on how many prisoners transition before or after reception into prison. Meanwhile, few criminal justice practitioners or academics appear willing to speak out on this issue.
It remains the case that there is sufficient evidence to show that some female prisoners are uncomfortable at the placement of biological males in the female estate, and that some female staff are uncomfortable managing transgender prisoners, in particular undertaking searches.
Two years after the SPS announced that it was undertaking a review of the policy, acknowledging this conflict - between the interests of female prisoners and staff, and those of transgender prisoners - will be critical to making this policy work.
We requested a copy of the SPS' equality impact assessment of the trans prisoner policy in July 2018, as it was not on an otherwise exhaustive list on the SPS website. You can read it here: whatdotheyknow.com/request/equali… (@AudreySuffolk)
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