Scottish ministers were unaware of a decision to assess a transgender woman convicted of double rape last week in a women’s prison, according to the justice secretary at Holyrood, prompting Scottish Conservatives to demand a “detailed timeline” after a series of U-turns.
Keith Brown’s statement to MSPs on Tuesday afternoon followed his announcement on Sunday that no transgender prisoner with a history of violence against women would be housed in a women’s prison pending an urgent review of all transgender prisoners and following heavy criticism from opposition government parties “improper” and “chaotic” handling of the case.
On Monday, First Minister Nicola Sturgeon said her government had nothing to apologize for in its handling of the developing row, which began a week ago when Isla Bryson was moved to Scotland’s only women’s prison, Cornton Vale, for an initial assessment in segregation.
It was later reported that Tiffany Scott, who is subject to a lifetime restraining order – reserved for Scotland’s most violent and dangerous offenders – after admitting stalking a 13-year-old girl by sending letters from prison while living as male, has received a transfer to the female inheritance.
Questions were also raised about the decision to transfer another transgender woman, Katie Dolatowski, who was convicted of sexually assaulting a 10-year-old girl, to Cornton Vale last year.
It emerged last week that the Scottish Prison Service overruled the coroner’s initial decision to take Bryson to Barlinnie Men’s Prison after the offender was remanded in custody to await sentencing at the end of February.
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After Brown defended the SPS decision to MSPs last Wednesday, Sturgeon announced at First Minister’s Questions on Thursday that Bryson would be moved to a men’s facility. It later emerged that she had made a rare intervention during a meeting involving Brown, although her official spokesman said the First Minister had not ordered the Prison Service to move Bryson, something Brown reiterated on Tuesday.
Brown told MSPs on Tuesday she was “very aware of the importance of maintaining public confidence in the justice system”, but added: “We must not allow the legitimate questions that have been asked to fuel the view that trans women suddenly represent an inherent a threat to women when this is not the case’.
He said the temporary ban was “no different” to the recent tightening of the policy announced by Dominic Raab, the UK’s justice secretary for England and Wales, but said there would still be “exceptional circumstances” where ministers from The Scottish National Party will officially intervene.
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