SCOTLAND'S Justice Secretary expressed faith in the Scottish Prison Service’s (SPS) decision to place a transgender woman convicted of raping two women, while she was a man, in a women’s prison.
Keith Brown also told MSPs that the Gender Recognition Reform (Scotland) Bill – which is currently being challenged by the UK Government – would have no implication on which prisons transgender people are held in.
Brown was responding to an urgent question in Holyrood on Wednesday after Isla Bryson was found guilty of raping one woman in Clydebank in 2016 and another in Drumchapel, Glasgow, in 2019, following a trial at the High Court in Glasgow.
READ MORE: PMQs: Westminster Tories dubbed 'parcel of rogues' amid Zahawi tax row
It is understood Bryson is being held at Cornton Vale women’s prison in Stirling while she awaits sentencing.
Downing Street has also expressed concern about the placement, as the Prime Minister’s official spokesman said on Wednesday: “This is a case in which the courts are yet to hand down a sentence so I’m not going to give anything on the specifics.
“I’ve seen the reporting and understand the concerns.”
Asked about the general policy, he said: “The UK has a policy which sees the prison service in England and Wales manage transgender prisoners on a case-by-case basis and transgender women must go through a robust risk assessment which factor in their offending history and anatomy before they can be moved to a women’s prison.”
The SPS and the Cabinet Secretary said transgender prisoners are processed on the basis of “risk”.
Brown was responding to questioning from Scottish Tory justice spokesman Russell Findlay, who said: “This scenario is exactly what I tried to stop during the passing of Nicola Sturgeon’s Gender Recognition Reform Bill – but I was voted down by the narrowest of margins.
“And even with the flawed Bill in limbo, violent criminals are exploiting the system and putting vulnerable women at risk. Can the Cabinet Secretary tell me why his SNP Government think any rapist should be allowed inside a women’s prison?”
He also urged the Cabinet Secretary to “block” trans people convicted of rape being placed in women’s prisons.
The UK Government blocked the gender reform legislation in Scotland – which would speed up and simplify the process for trans people to obtain a gender recognition certificate (GRC) – amid concerns it would interfere with UK-wide equality laws.
READ MORE: SNP use Commons 'prayer' tactic in bid to STOP Section 35 order
In response, Brown said: “Possession of a GRC will continue to have a minimal impact on how the SPS manage transgender people.
“Their process is one on the assessment of risk. I think that’s an important thing to do. It’s assessment of risk for the individual, assessment of risk for other prisoners and the assessment of risk of other prison staff as well.
“They have a tremendous track record in dealing with managing that risk.”
He added: “I trust the SPS to do that.”
Labour MSP Pauline McNeill told Brown the risk assessment had “obviously failed” in some way due to the impact it will have on other prisoners and members of the public.
Bryson first appeared in court as Adam Graham in 2019 and was later named in court papers the following year – around the time she decided to transition – as Isla Annie Bryson, formerly known as Adam Graham.
The court heard in agreed evidence that Bryson now identifies as a transgender woman and was previously known by the “dead name” Adam Graham.
Giving evidence last week, she said she knew she was transgender at the age of four but did not make the decision to transition until she was 29, and is currently taking hormones and seeking surgery to complete gender reassignment.
READ MORE: Scottish Tories accused of failing to follow Holyrood procedure
An SPS spokeswoman said: “Decisions by the SPS as to the most appropriate location to accommodate transgender people are made on an individualised basis, informed by a multi-disciplinary assessment of both risk and need.
“Such decisions seek to protect both the wellbeing and rights of the individual as well as the welfare and rights of others around them, including staff, in order to achieve an outcome that balances risks and promotes the safety of all.
“Where there are any concerns about any risks posed by an individual, either to themselves or others, we retain the ability to keep them separate from the mainstream population until an agreed management plan is in place.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel