Police, Crime, Sentencing and Courts Bill

Debate between Baroness Falkner of Margravine and Lord Berkeley of Knighton

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 10th January 2022 Lords Chamber

[Baroness Falkner of Margravine (CB)]

My Lords, I refer to my interests in the register and want to make it clear that I am not expressing any opinion on the merits of this particular amendment. But, because the debate has ranged far and wide beyond the amendment, and because there appears to be some misunderstanding in the House as to what the amendment is, I hope that, when the noble Lord stands to speak to this amendment, he will clarify two important factors.

I wonder whether he would tell the House whether housing a trans woman holding a gender recognition certificate on the male estate would be unlawful, as that woman is legally a woman. That is quite an important distinction, and it has not come out. There is clearly a misunderstanding there. The second point I would like him to clarify is whether housing a trans woman on a male estate, or a trans man on a women’s estate, could be unlawful as it could amount to discrimination.

[Lord Berkeley of Knighton (CB)]

My Lords, perhaps I might amplify, somewhat more bluntly, the points made by my two noble friends, and indeed the noble Lords, Lord Faulks and Lord Cashman. I have been to prisons as a member of the Koestler Trust, trying to take arts in there, and one of the things that struck me—and in a way the arts were a release for this—was the fevered testosterone. We have heard about it from both sides. I ask noble Lords to imagine, just for one moment, what would happen to somebody incarcerated in a male prison who already appears—if I may use the word—effeminate, and who may moreover have been sexually adapted to being a woman. I cannot even begin to think how that person would be targeted in a male prison. We need to think very carefully about that, whatever the merits of the amendment moved by the noble Lord, Lord Blencathra.