Scottish Labour has made a definitive commitment to prohibit transgender women from female prisons should the party secure victory in the upcoming Holyrood election. Leader Anas Sarwar has declared that his administration would "act swiftly" to implement a policy ensuring all prisons operate as "single-sex, based on biological sex" within days of taking office this May.
Legal Context and Political Pledge
This significant policy announcement arrives just ahead of a crucial Court of Session hearing scheduled for this week. The legal proceedings involve For Women Scotland (FWS) challenging the Scottish government's current transgender prisoner management guidelines, which the group claims are unlawful following last year's landmark Supreme Court judgment concerning the definition of a woman.
Mr Sarwar emphasised his party's stance, stating: "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."
Safety Concerns in Women's Prisons
The Scottish Labour leader highlighted particular safety concerns within the prison system, arguing: "But nowhere does this matter more than in our prison system. Women's prisons exist for a reason: to keep women safe. Many women in custody have experienced trauma and violence, often at the hands of men."
He continued with a firm position: "It is simply not right that men who have committed sexual or violent crimes against women can be housed in women's prisons. That undermines safety, dignity and trust."
Current Prison Service Guidance
Presently, the Scottish Prison Service (SPS) operates under guidance that permits transgender women to be admitted to the female estate under specific conditions. These include situations where the inmate does not meet violence against women and girls criteria, and where there is no reasonable basis to suggest they might pose an unacceptable risk of harm to other prisoners.
This policy underwent review in 2024 following significant public controversy surrounding convicted transgender rapist Isla Bryson, who was initially placed in a women-only prison before being transferred to the male estate after widespread outcry in 2023.
Government's Legal Position
In recent months, the Scottish government has consistently avoided direct commentary on the FWS case, which is set to be heard between 3rd and 5th February. However, legal arguments published in preparation for the three-day hearing reveal the government's position that implementing a "blanket rule" requiring transgender prisoners to be placed according to their biological sex would potentially violate certain prisoners' rights.
The government plans to argue that placing inmates in prisons designated for the opposite biological sex "may be required" to prevent breaches of the Human Rights Act and Scotland Act 1998. Decisions regarding transgender prisoner placement are currently made through individualised assessments following established prison guidance, with the government reporting no significant operational issues resulting from transgender inmates being housed in facilities for the opposite sex.
Labour's Proposed Implementation
Should Scottish Labour achieve electoral success, Mr Sarwar has promised immediate action: "A Scottish Labour government would act swiftly. Within days, we would ensure prisons are single-sex, based on biological sex, and bring an end to years of confusion and costly legal disputes paid for by the taxpayer."
This commitment represents a clear departure from current Scottish government policy and sets the stage for potential significant changes in prison management should political power change hands following the May election.
