NICOLA Sturgeon has suggested a temporary ban from female prisons of trans prisoners with a history of violence against women could become permanent despite her government partners warning it could “increase the risk” to inmates.
The indication comes as the Conservatives announced they will propose an amendment to the Scottish Government’s Bail and Release from Custody Bill that if approved by MSPs, would introduce a permanent legal ban on violent transgender criminals being housed in women’s prisons.
The First Minister insisted she has nothing to apologise for over the situation, as the Tories called on her to deliver an urgent statement in Holyrood on Tuesday after her government was accused of creating “chaos, confusion and U-turns” over transgender prisoners.
It comes as the Scottish Government announced on Sunday that there will be a temporary blanket ban on transgender people with a history of violence against women being placed in a female prison or those inmates will be moved out of a female prison if they are currently placed there.
But the First Minister has suggested that the temporary ban could become permanent, telling broadcasters that “pending a wider review”, the change would “make it absolutely clear that no transgender prisoner with a history of violence against women will be placed in the female estate”.
Justice Secretary Keith Brown was forced into a U-turn on Sunday following a public backlash after transgender rapist Isla Bryson was being held in isolation at a female prison for attacking two women when she was a man. She has now been moved to a male prison.
Read more: Brown halts violent transgender prisoners moving to female jails
It then emerged that another violent trans criminal – Tiffany Scott – had applied to be moved from a male to a female prison.
Conservative community safety spokesperson, Russell Findlay, has tabled a topical question on the matter at Holyrood on Tuesday and is calling on the First Minister to address the situation.
Mr Findlay said: “After days of SNP chaos, confusion and U-turns, Nicola Sturgeon must come to parliament as a matter of urgency.
“She needs to explain her government's shambolic mess and make clear how the safety of female prisoners can be guaranteed.
“We need full transparency because the only thing clear at the moment is that the Justice Secretary is in complete disarray. Keith Brown was only shamed into this dramatic U-turn after a sustained public outcry over two highly dangerous criminals.
“But a ‘pause’ on criminals with a history of violence against women being housed in female prisons does not go far enough. We need a permanent ban to safeguard vulnerable female inmates.”
The Scottish Government is putting forward legislation that would reduce the number of people in Scotland’s prisons – with a shift of remand being reserved for those who pose a safety risk.
The plans would place an emphasis on remand being reserved for those who pose a risk to public safety, or those who wilfully fail to turn up for their trials - impacting the delivery of justice for victims.
But the Tories will seek to amend the bill to ban any violent transgender prisoners from being placed in a women-only prison.
Nicola Sturgeon has insisted that the temporary pause was taken to provide “clarity”.
Read more: SNP plans to cut prisoner numbers branded 'complete madness'
The First Minister said: “The arrangements for dealing with transgender prisoners hasn’t changed, they’ve been in place for some time.
“There has never been an automatic right for a trans woman to serve their sentence in a female prison.
“These decisions are subject to rigorous and robust risk assessment."
Asked if she would apologise, Ms Sturgeon said: "I don't think there is anything for that."
The First Minister said “pending a wider review”, the change would “make it absolutely clear that no transgender prisoner with a history of violence against women will be placed in the female estate”.
The First Minister also stressed the importance of not “stigmatising” the wider transgender community in a debate about the safeguarding of women in prisons.
She said: “We must never lose sight of the fact that trans people, just like the population as a whole, the vast majority never commit any crimes.
“Trans women don’t pose an inherent threat to women – it’s abusive and predatory men that do that.
Read more: Ministers may consider separate trans prisoners unit after rapist row
“In any group in society there will be a small number of people who commit crime and do other bad things and that’s what we need to deal with and we must always take care not to stigmatise the broader group.”
Earlier in the day, Justice Secretary Keith Brown said there were five transgender women currently in the female estate, none of whom had previous convictions for violence against women.
But the Scottish Government’s government partners, the Greens, have suggested the ban should not become permanent – warning it could have adverse consequences.
Greens equalities spokesperson, Maggie Chapman, said she hoped the review "will reflect confidence in the practices and systems already in place which are designed to keep our prison populations safe and observe the rights of individuals".
She added: “What we should not do is allow individual cases to shape a blanket approach and further stigmatise already vulnerable sections of the prison community, not least trans people.
“This would serve only to increase the risk to all individuals, undermine the working practices and reputation of the Scottish Prison Service, and would pose a legal and moral threat to human rights.”
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