John Swinney has insisted he cannot intervene over Police Scotland’s decision to allow individuals charged or convicted of rape or attempted rape to "self-declare" their sex.
The First Minister said it was an operational matter for the Chief Constable.
However, research compiled by policy analyst group Murray Blackburn Mackenzie shows the force has repeatedly asked the government for guidance on how best to record crime where a person’s gender identity does not match their biological sex.
They said it was “inexplicable” that nobody was being held accountable for this “sexist, offensive, and statistically incoherent policy.”
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Mr Swinney was repeatedly pressed on the issue during First Minister’s Questions on Thursday.
It followed a report in the Herald on Sunday revealing that the force told MSPs that the “sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare".
This, Police Scotland, added was “consistent with the values of the organisation” and adhered to “legislative compliance, operational need and the values of respect, integrity, fairness and human rights whilst promoting a strong sense of belonging".
The letter then went on to say: “We also note the current position of Scottish Government, which is reviewing its guidance on collecting data on sex and gender: Police Scotland will be guided by the outcome of that review.”
(Image: NQ)
During questions, Tory MSP Rachael Hamilton referred to the case of Isla Bryson, who was last year jailed for eight years for raping two women.
Bryson, who was previously known as Adam Graham, was arrested and recorded as male but was allowed to be processed in court as a woman.
Ms Hamilton asked Mr Swinney if he was “content to let another Isla Bryson situation happen”.
She said self-identification “opens the door to a grotesque situation where a male rapist can demand to be called a woman and further traumatise his victim.”
She asked whether he agreed that “male rapists should not get their own way” on the issue.
A visibly furious Mr Swinney said he would “not be associated” with the language around letting a male rapist have their own way.
“In relation to the specific question about the guidance from Police Scotland, these are operational matters for Police Scotland,” he said.
“There would be outrage if I was to interfere in the actions and the decision-making of Police Scotland – the law is clear that I cannot do that.
“I'm sure that Police Scotland will have heard the exchanges in parliament today and will consider if there any issues that they wish to address.”
Labour MSP Pauline McNeill pushed the First Minister further asking whether it “makes a mockery of the government's violence against women strategy if violent male offenders can present as women”.
Mr Swinney said the government’s policy on violence against women is “absolutely crystal clear” that there is “no place for violence against women in our society” and that “the perpetrators of that violence must be confronted with their behaviour and must be held to account for their behaviour”.
However, he reiterated that he “cannot interfere in the operational business of Police Scotland”.
Alba’s Ash Regan said allowing men to identify as women would skew crime figures and was “grossly disrespectful to the victims”.
“Stories have actually been running in the media this year discussing the increase in women committing sex crimes when the reality, of course, is that these crimes are committed by men,” she said.
“They are being recorded as women's crimes. This is offensive to women and it is grossly disrespectful to the victims of these crimes.
“Why are Scottish institutions still acting as if self-ID is the law when it is not? Will the first minister show leadership and address this horrible situation urgently?”
Again, Mr Swinney said he was not in a position to influence Police Scotland policy-making. “I acknowledge the concerns that are being expressed in parliament today, but I come back to the fundamental point that the recording of information on those committing crime is an operational matter for Police Scotland."
MBM said: "Police Scotland has repeatedly stated it is waiting for direction and guidance from Scottish Government on its recording policy. Today, the Scottish Government continued to distance itself, citing operational independence.
“The lack of accountability or ownership of this sexist, offensive, and statistically incoherent policy is inexplicable".
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