Commons Sense

House of Commons · Ministers' Questions

Transgender Prisoners

Tuesday 21 February 2023 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 2 Not answered 0

Key points

  • The Department's policy on the allocation of transgender prisoners was strengthened in 2019 and again last year, with no reported assaults or sexual assaults by transgender women in women's prisons since 2019.
  • Safety is the top priority, and following policy updates, transgender women with male genitalia will not be housed in the general women's estate except in truly exceptional circumstances.
  • The Minister has not had a chance to speak with the police and the Department of Justice in Northern Ireland about aligning policies, though the current policy in England and Wales is considered appropriate.

Topics (select to filter)

Questions & Answers

Q1 Andrew Lewer Con
Justice & Courts
Context

The MP is questioning the effectiveness of the Department's policy on allocating transgender prisoners in England and Wales, referencing a recent strengthening of policies.

Question

What assessment has been made of the effectiveness of the Department's policy on the allocation of transgender prisoners in England and Wales?

Answer from Damian Hinds

Since the 2019 strengthening of our policy, there have been no assaults or sexual assaults committed by transgender women in women's prisons. Last year, the policy was further strengthened.

Partly answered

Not addressed: The answer does not provide a detailed assessment of policy effectiveness beyond mentioning lack of incidents post-policy changes.

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Q2 Andrew Lewer Con
Justice & Courts
Context

The MP welcomes the new guidance issued by the Government regarding the accommodation of transgender prisoners but asks for clarification on a principle that no biological male should be imprisoned in women's prisons.

Question

I welcome the fact that the Government are issuing new guidance on the accommodation of such prisoners, but does my right hon. Friend agree that having no biological male imprisoned in a woman's prison should be a strong principle henceforth?

Answer from Damian Hinds

Safety must come first. Following the policy updates, transgender women with male genitalia will not be held in the general women's estate except in truly exceptional circumstances. Exemptions require sign-off by a Minister to ensure they are considered only in the most truly exceptional cases.

Answered
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Q3 Jim Shannon DUP Strangford
Justice & Courts Northern Ireland
Context

The MP recognises the safety issues for those identifying as transgender and seeks to ensure a consistent policy strategy throughout the United Kingdom, particularly in Northern Ireland.

Question

Has the Minister had any opportunity to talk to the police and the Department of Justice in Northern Ireland to ensure that we in Northern Ireland and the Northern Ireland Assembly have a policy that follows the route and focus here?

Answer from Damian Hinds

I have not had a chance to have that conversation. There are differences in different parts of the United Kingdom, but I believe our policy here in England and Wales is the right one. It is respectful to everybody, but makes sure we are making safety paramount.

Partly answered

Not addressed: The answer does not confirm any discussion with Northern Irish authorities or commitment to a uniform strategy.

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