John Swinney has refused to say if biological males in female prisons are men or women – as his jails policy was described as ‘appalling’ by an SNP MSP.
The First Minister was pressed by former Scottish Conservative leader Douglas Ross on the issue as the Scottish Government continues to contest the impact that the Supreme Court ruling on the definition of a woman has on the human rights of men in women’s prisons.
Asked about the court battle over guidance allowing some biological males in women’s prisons, Mr Swinney insisted that the Supreme Court ruling ‘is accepted by the Scottish Government’ but it is looking to ensure policies comply with legal obligations including the European Convention on Human Rights.
Mr Ross said: ‘I’m not allowed to call the First Minister a liar, but that answer was not truthful.
‘He’s not giving a truthful answer, it’s desperate stuff from the First Minister.
‘How on earth can he stand up here and say the Government is respecting the Supreme Court ruling when it is in court arguing the very opposite.’
First Minister John Swinney failing to answer a question about three biological men, all killers, housed in women’s prisons in Scotland
Tory MSP Douglas Ross said Swinney was not being truthful and branded it ‘desperate stuff’
He highlighted three current cases of biologically male murderers in female prisons, including one who assaulted a female member of staff but has still not been moved.
Mr Ross said: ‘Let me ask the First Minister this: these evil killers are all housed with female prisoners. Are they male or female?’
Mr Swinney did not directly answer, and said the Scottish Government ‘has got to ensure in all occasions that our policies comply with our legal obligations’.
He said: ‘In these situations, the Government has got to wrestle with complex situations and make difficult decisions that balance and reflect the interests and rights of individuals.’
SNP MSP Ruth Maguire also raised concerns about the policy. She said: ‘The need for protection of space for women who sit at board tables has been protected and the law corrected but a policy that means female prisoners – a majority of whom have experienced male violence – may have to share close quarters with male-bodied inmates while in the care of the State is being defended.
‘Knowing everything that we do about trauma, given the countless testimonies of women on this matter, including both privately and publicly by a number of his own party colleagues, does the First Minister understand just how appalling the Government’s actions feel to many of us, and how difficult it is to reconcile the Scottish Government’s words on the protection of single-sex spaces for females with their actions on this matter?’
