Commons Sense

House of Commons · Ministers' Questions

Women’s Prison Estate: Biological Males 2026-06-30

Tuesday 30 June 2026 · 4 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 3 Not answered 0

Key points

  • There are fewer than five transgender women in the general women's estate.
  • The Court of Session ruling in Scotland does not apply to England and Wales due to separate prison rules.
  • The policy in England and Wales complies with Prison Rules 1999 and the Equality Act 2010.

Topics (select to filter)

Questions & Answers

Q1 Rebecca Smith Con South West Devon
Justice & Courts
Context

The question concerns the number of male prisoners held in women's prisons, an issue that has sparked controversy over data protection and public safety.

Question

How many biological male prisoners are held in the general women's estate. I am concerned about the implications for women's safety and security within these institutions.

Answer from Jake Richards

There are fewer than five transgender women in the general women's estate. The exact figure cannot be provided without breaching data protection legislation obligations. This information must remain confidential to protect individual identities and personal data.

Partly answered

Not addressed: Exact number of male prisoners in women's prisons due to data protection laws.

How: Data Protection Legislation

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Q2 Douglas Lumsden Con
Justice & Courts Women & Equalities
Context

In Scotland, a court ruling has mandated the removal of biological males from women's prisons. The question addresses whether similar actions will be taken in England and Wales to comply with the Supreme Court decision.

Question

The Court of Session ruled it unlawful to hold biological males anywhere on the women's prison estate. Can the Minister set out a timeline for all women's prisons right across the UK to remove biological males so that they can fully comply with the Supreme Court ruling brought about by For Women Scotland?

Answer from Jake Richards

The judgment in Scotland relates to prison rules that apply in Scotland only—England and Wales have separate rules. The rules introduced in 2023 mean that transgender women with male genitalia or any history of violent or sexual offending are not held in the women's estate, except in truly exceptional cases signed off at a ministerial level.

Not addressed: Timeline for removal of biological males from women's prisons in England and Wales.

How: Separate Rules, Exceptional Cases

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Q3 Rebecca Smith Con South West Devon
Women & Equalities Standards & Ethics
Context

Following a ruling by the Supreme Court, there are concerns about the equality of protections for women in England and Wales compared to those in Scotland.

Question

The Minister responded to my hon. Friend with a fairly vague answer about what needs to happen in England. We know that there are women who are not biological females in the women's estate in England and Wales. When will women get the same protections as in Scotland?

Answer from Jake Richards

The policy that we are implementing in England and Wales is lawful; it complies with the Prison Rules 1999 and the Equality Act 2010. We have 40 days to consider and ratify guidance from the Equality and Human Rights Commission.

Partly answered

Not addressed: Specific timeline for compliance in England and Wales.

How: Fairly Vague, Guidance Under Review

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Q4 Ruth Jones Lab Newport West and Islwyn
Justice & Courts Wales Women & Equalities
Context

There are concerns about the delay in opening a residential women's centre that was intended to provide alternatives to custody for Welsh women.

Question

The Swansea residential women's centre, due to open in 2024 but now not looking like it will open at all. What steps is the Minister taking to ensure that Welsh women can access alternatives to custody?

Answer from Jake Richards

We are determined to drive down the population of women who are in prison where it is safe to do so. Lord Timpson set up the women's justice board, which has taken steps not just in improving resources for women in custody but also in ensuring plans to reduce the population wherever possible.

Partly answered

Not addressed: Specific steps and timelines for alternatives to custody in Wales.

How: Steps Being Taken, Safe Reduction

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