Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answers by Baroness Scott of Bybrook on 27 October (HL9110 and HL9111), how many transgender prisoners who have obtained a gender recognition certificate there are in each women’s prison; how many of those were sentenced to that prison term because of an assault against a woman; and what risk assessment they have carried out of the potential impact of those prisoners being held in women’s prison units.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
We are committed to ensuring that transgender individuals are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.
Data is not held on the number of prisoners with Gender Recognition Certificates (GRCs) within the prison estate. There is no legal obligation for an individual with a GRC to disclose this as, under the Gender Recognition Act 2004, once an individual obtains a GRC, their acquired gender becomes legally recognised and they are entitled to the rights appropriate to anyone else of that gender.
Where it is known that an individual is transgender, a Local Case Board is held, as per our ‘Care and Management of Individuals who are Transgender’ policy framework, to consider what support should be provided and to consider any risks posed to, or from, the individual. Cases can then be referred to a centrally managed Complex Case Board (CCB), chaired by a senior prison manager, where the referral criteria are met. However, thorough and appropriate assessment of risk is of paramount importance for all those in our care, regardless of an individual’s gender or any protected characteristic they may or may not have.
Further information on the policy framework, the CCB referral criteria and the risk factors considered by CCBs can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of compliance with the Equality Act 2010 of decisions to move male prisoners who are gender transitioning to female prison units.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
We are committed to ensuring that transgender offenders are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.
In 2019 the Ministry of Justice conducted a review into the care and management of individuals who are transgender and this led to the publication of a revised Policy Framework which strengthened the risk and safeguarding process. The Framework was developed in consultation with a range of internal and external stakeholders, and comprehensive consideration was given to HMPPS’s responsibilities under the Equality Act 2010 throughout the process. The Framework emphasises the requirement to protect both the welfare and rights of the individual, and the welfare and rights of others around them. This includes staff and other prisoners. All decisions made on the location of transgender individuals are made in line with this policy, and decisions to locate an individual in the opposite side of the estate to their legal gender can only be made by a Complex Case Board (CCB), chaired by a senior prison manager, following a full assessment of all known risks posed both to, and from, the individual
Under the Gender Recognition Act 2004, once an individual obtains a GRC, their acquired gender becomes legally recognised and they are entitled to the rights appropriate to anyone else of that gender. This means that a transgender female with a GRC entering the prison estate would be placed in a women’s prison, unless there were exceptional circumstances. Where such circumstances are identified, a referral is made to the CCB to consider all available evidence relating to an individual’s care and management, including risks posed both to and from the individual, before making a decision on an individual’s location.
Further information can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what criteria they use to assess decisions to move biologically male prisoners with a Gender Recognition Certificate into a female prison unit when the prison in question has a transgender unit.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
We are committed to ensuring that transgender offenders are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.
In 2019 the Ministry of Justice conducted a review into the care and management of individuals who are transgender and this led to the publication of a revised Policy Framework which strengthened the risk and safeguarding process. The Framework was developed in consultation with a range of internal and external stakeholders, and comprehensive consideration was given to HMPPS’s responsibilities under the Equality Act 2010 throughout the process. The Framework emphasises the requirement to protect both the welfare and rights of the individual, and the welfare and rights of others around them. This includes staff and other prisoners. All decisions made on the location of transgender individuals are made in line with this policy, and decisions to locate an individual in the opposite side of the estate to their legal gender can only be made by a Complex Case Board (CCB), chaired by a senior prison manager, following a full assessment of all known risks posed both to, and from, the individual
Under the Gender Recognition Act 2004, once an individual obtains a GRC, their acquired gender becomes legally recognised and they are entitled to the rights appropriate to anyone else of that gender. This means that a transgender female with a GRC entering the prison estate would be placed in a women’s prison, unless there were exceptional circumstances. Where such circumstances are identified, a referral is made to the CCB to consider all available evidence relating to an individual’s care and management, including risks posed both to and from the individual, before making a decision on an individual’s location.
Further information can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to accommodate people released from prison in hotels.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
In response to the current unprecedented situation, the Government has announced that risk-assessed prisoners who are within two months of their release date will be temporarily released from jail.
Prisoner releases are being phased over time to ensure stringent risk assessments can be carried out and that the required support for offenders is in place. No prisoner will be released without housing and health support being in place.
If an individual does not have identified accommodation to be released to, then probation services will investigate options for securing temporary accommodation.
To facilitate this process, we are working with several public, private and voluntary sector providers to secure a range of accommodation options.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many (1) assaults, (2) sexual assaults, and (3) rapes, have been committed against female prisoners by male prisoners who self-identify as female.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
We are not able to release the requested information. This is because the number of prisoners, within our transgender data collection, who have reported they are declared male on their birth certificate who self-identify as female and are located on female prison wings, is five or fewer[1]. Low numbers are suppressed to prevent disclosure in accordance with the Data Protection Act, 1998. This applies to values of five or fewer or other values which would allow values of five or fewer to be derived by subtraction. This is to prevent the identification of individuals. For this reason, we are also not able to release information on the number of assaults that have been committed, as the number of perpetrators of such crimes would be low and could also lead to the identification of individuals.
The Ministry of Justice is fully mindful of the need to manage risk and to balance the rights of all prisoners in the women’s estate. We are committed to ensuring that transgender offenders are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.
[1] Details of the number of transgender prisoners were provided by Equalities Representatives in public and private prisons in England and Wales, between 26 March 2019 and 24 April 2019. Transgender prisoners were defined as those individuals known within prison to be currently living in, or are presenting in, a gender different to their sex assigned at birth and who have had a case conference (as defined by PSI 17/2016 The Care and Management of Transgender Offenders). The prison population is dynamic and as such the number of transgender prisoners currently in prison may now differ from the number at the time data was collected
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many male prisoners, currently in prison, who self-identify as female have been moved to female prison wings.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
We are not able to release the requested information. This is because the number of prisoners, within our transgender data collection, who have reported they are declared male on their birth certificate who self-identify as female and are located on female prison wings, is five or fewer[1]. Low numbers are suppressed to prevent disclosure in accordance with the Data Protection Act, 1998. This applies to values of five or fewer or other values which would allow values of five or fewer to be derived by subtraction. This is to prevent the identification of individuals. For this reason, we are also not able to release information on the number of assaults that have been committed, as the number of perpetrators of such crimes would be low and could also lead to the identification of individuals.
The Ministry of Justice is fully mindful of the need to manage risk and to balance the rights of all prisoners in the women’s estate. We are committed to ensuring that transgender offenders are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.
[1] Details of the number of transgender prisoners were provided by Equalities Representatives in public and private prisons in England and Wales, between 26 March 2019 and 24 April 2019. Transgender prisoners were defined as those individuals known within prison to be currently living in, or are presenting in, a gender different to their sex assigned at birth and who have had a case conference (as defined by PSI 17/2016 The Care and Management of Transgender Offenders). The prison population is dynamic and as such the number of transgender prisoners currently in prison may now differ from the number at the time data was collected
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, following the settlement of a claim against Facebook in the High Court in Belfast concerning nude photos of a girl aged 14 placed on the Facebook website, whether they intend to assist people under 18 to pursue claims for similar abuses against social media companies.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The civil justice system provides an individual with a route to pursue a legal claim and potential damages against other parties. However, it would not be appropriate for the Government to intervene directly in private law proceedings.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what processes they use to review the performance of Parole Board psychologists; what actions they take to follow up instances of poor decision-making, judgment or performance; and whether they intend to conduct a study to assess the appropriateness of recommendations by Parole Board psychologists that sex offenders should be released in the light of whether those offenders subsequently re-offend.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
All members of the Parole Board, including psychologist members, are subject to quality assurance processes. Members are assessed as part of their accreditation to make decisions and there is on-going, routine quality assurance thereafter.
Cases where there has been a serious further offence within three years of a Parole Board decision to release are reviewed by the Board’s Review Committee and any learning that is identified is used to inform future policy, guidance and training.
The Parole Board also has a Standards Committee that focuses on developing and promoting high standards of practice across the whole of the Board.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, with respect to the advice of Parole Board psychologists and psychiatrists relating to a sex offender being considered for release, what level of risk of offending is considered suitable for release.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Where the release of a prisoner is at the discretion of the Parole Board, the panel must apply the statutory release test which requires the Board to be ‘satisfied that it is no longer necessary for the protection of the public that a prisoner should be confined’.
Parole panels comprise one or more members according to the needs and complexity of the case. Some, but not all, Parole Board panels include a psychologist member of the Parole Board.
At an oral hearing, the parole panel will hear evidence and witnesses may include a prison psychologist and/or an independent psychologist.
Psychologist members of the Parole Board do not undertake psychological assessment of prisoners nor do they give evidence to the parole panel. They sit in the same capacity as other members of the panel to assess the risk of serious harm to the public. The panel must determine whether the public would be at risk of further serious violent or sexual offending if the prisoner were to be released. Psychologist members have professional knowledge of psychology to assist the panel in considering the psychological assessment that forms part of the broad range of evidence before the panel.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government whether they intend to set out the criteria, and tests they undertake, by which Parole Board psychologists and psychiatrists determine that a sex offender is fit for release.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Where the release of a prisoner is at the discretion of the Parole Board, the panel must apply the statutory release test which requires the Board to be ‘satisfied that it is no longer necessary for the protection of the public that a prisoner should be confined’.
Parole panels comprise one or more members according to the needs and complexity of the case. Some, but not all, Parole Board panels include a psychologist member of the Parole Board.
At an oral hearing, the parole panel will hear evidence and witnesses may include a prison psychologist and/or an independent psychologist.
Psychologist members of the Parole Board do not undertake psychological assessment of prisoners nor do they give evidence to the parole panel. They sit in the same capacity as other members of the panel to assess the risk of serious harm to the public. The panel must determine whether the public would be at risk of further serious violent or sexual offending if the prisoner were to be released. Psychologist members have professional knowledge of psychology to assist the panel in considering the psychological assessment that forms part of the broad range of evidence before the panel.