
Trans lessons from Scotland are cautionary tale
SNP’s prison guidelines continue to defy Supreme Court and threaten to lead Labour into a mess
Once upon a time and not so very long ago, Sir Keir Starmer viewed Scotland as a place of cautionary tales. Sure, he had once been an unthinking supporter of allowing anyone to identify as whatever sex they might choose but Nicola Sturgeon’s experience had persuaded him this might be more trouble than it could possibly be worth. This is not just a Scottish problem. Starmer’s government also “respects” Lord Reed’s ruling in public while privately arguing against it in court. Channelling Augustine, both governments say “Lord, allow us to follow the law, but not yet”. Bridget Phillipson, the minister for women and equalities, still refuses to publish new guidance from the Equalities and Human Rights Commission. Bravely, she seems to think no one is paying attention to this.
In Scotland a trans-identifying man who murders a woman will be placed in the male prison estate but one who kills another man may be incarcerated in a woman’s jail on the questionable-but-interesting grounds that he is unlikely to pose a threat to the safety of female prisoners. This is no accident. The Scottish Prison Service’s policy guidelines still decree that the service “must support transgender individuals to live in their affirmed gender”. Anyone reading the guidance is likely to gain the sense that the SPS deeply regrets it can no longer put male rapists on the women’s wing. Even those deemed a risk to women on the grounds of their past behaviour may still be granted “opportunities to participate in activities and programmes taking place in the estate of the individual’s affirmed gender”. This is, quite literally, a license for cosplaying. The number of trans-identifying men in women’s prisons may be small but in Scotland it includes several men guilty of murder. In an uncanny series of coincidences, these prisoners have only discovered their female identities after they were convicted. It is deemed unkind to wonder if post-conviction sudden onset gender dysphoria is really all it’s cracked up to be.
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