The gender recognition reforms coming into law would have “no effect” on the placing of transgender prisons, the chief of the Scottish Prison Service (SPS) has stressed.
The UK Government has blocked the legislation that would speed up the process for transgender people to obtain a gender recognition certificate (GRC) – with a move to a system of self-identification.
Under the plans, backed by an overwhelming majority of MSPs, no gender dysphoria diagnosis will be required to legally change gender.
Read more: Prisons boss says Isla Bryson U-tun 'in no way a ministerial decision'
The legislation changes the method for obtaining a GRC but has no impact on what a GRC entitles someone to – largely administrative processes such as pensions and tax policies.
But the chief executive of the SPS, Teresa Medhurst, has insisted that the legislation if it comes into law, would have no impact on where transgender prisoners are placed, stressing that a prisoner having a GRC “would not necessarily override the other risk factors”.
Ms Medhurst was pressed over the issue at an appearance in front of Holyrood’s justice committee.
Conservative justice spokesperson, Jamie Greene, asked the SPS boss what impact a GRC has when officials are placing prisoners.
He said: “What effect does the position of a GRC have on your decision-making?
“There’s still a little bit of ambiguity as to what that decision-making process looks and feels like.
“I’m quite intrigued as to what effect the position of a legal document, such as a GRC, would have on your decision-making versus someone who simply declares in a different way without perhaps that legal definition.”
Read more: Scottish Prison Service adopts blanket ban on transgender prisoners
In response, Ms Medhurst said: “The position with regards to a gender recognition certificate is that would be considered as a factor, an important factor, during the multi-disciplinary case conference and taken into account when a decision is reached.
“But it would not necessarily override the other risk factors that were more compelling.
Read more: Joanna Cherry tells Nicola Sturgeon to 'eat humble pie' over GRR
SNP MSP Fulton Macgregor asked Ms Medhurst whether “the process of that bill and the passage of that bill” have any impact on the U-turn over the placement of transgender rapist Isla Bryson.
Ms Medhurst said: “My understanding is that in work that we have been conducting in relation to both the review and following the progress of the bill, the position on the gender recognition certificate would not substantially change – there would be no effect on us.
“Therefore we could still fulfill our obligations in the way that we have been doing.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article