Current status: Answered by Shona Robison on 4 November 2021
To ask the Scottish Government what advice it has given to the Scottish Prison Service regarding the safe provision of custody arrangements for persons who make a self-declaration under the proposed provisions in its draft Gender Recognition Reform (Scotland) Bill, including in relation to whether this declaration is made before trial, during trial or after conviction.
The Scottish Prison Service (SPS) has a Policy in place regarding the treatment of Trans Prisoners in custody. This Policy is in line with the Equality Act 2010. The SPS carry out comprehensive risk assessments to assess risks to both prisoners and staff in determining how individual transgender prisoners are managed. The 2010 Act is generally reserved to the UK Parliament. The Scottish Government’s intention is this Policy would continue to have effect under the provisions in the draft Gender Recognition Reform (Scotland) Bill.