Oral Answers to Questions

Debate between Damian Hinds and Neale Hanvey

Monday 29th April 2024 Commons Chamber

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

T3. The Cass review has established that social transitioning is not a neutral act, and that it introduces significant risk of harm. Does the Secretary of State agree with me that when a new First Minister emerges in Scotland, they should commit to factual, science-based education in schools and implement the Cass review findings in full, so they do not suffer the same fate as their predecessor?

[Damian Hinds]

I would encourage our friends and colleagues in the Scottish Government, whoever they may be at the time, to pay close attention to Hilary Cass’s report. I think her work has injected some much-needed common sense into the debate, and we are very grateful to her. This Government will always put the safety of our children first, and that is why the gender questioning guidance we have produced in draft is underpinned by the important principle of parents always being involved in decisions about their children.

Oral Answers to Questions

Debate between Damian Hinds and Neale Hanvey

Tuesday 16th May 2023 Commons Chamber

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

23. Whether he has received recent representations on compliance with the United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment.

[The Minister of State, Ministry of Justice (Damian Hinds)]

The Government have received a pre-reporting list of issues from the UN Committee against Torture, as is routine. We are finalising our response.

[Neale Hanvey]

Article 3 of the 1984 UN convention against torture and other cruel, unhuman or degrading treatment or punishment sets out the grounds on which a state should judge all risks of mistreatment in considering extradition. Will the Minister clarify whether the UK Government give due consideration to those provisions? Specifically, what consideration is the UK giving to providing a right of safe passage for those fleeing Sudan and South Sudan with family members in the UK? Will the Minister set out what safe, open and legal routes are available to those people?

[Damian Hinds]

I am grateful to the hon. Gentleman for his question, though I know that you would not want me to stray too far into matters that are for other Government Departments, Mr Speaker. The UK has carried out by far the longest and largest evacuation of any western country from Sudan, bringing 2,450 people to safety. Preventing a humanitarian emergency in Sudan is our top focus. Alongside the evacuation effort, we are working with international partners and the United Nations to bring an end to the fighting.

--- Later in debate ---

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

T9. The Sex Matters petition on clarifying the Equality Act 2010 to make sex a biological definition of a protected characteristic is due to be debated in Westminster Hall shortly. What preparations are being made to clarify and strengthen all protected characteristics, and to ensure that freedom of speech is protected as well?

[Damian Hinds]

I think that any such review and analysis would be led by the Government Equalities Office, but I can of course speak with reference to the prison system. On the particular issue of transgender prisoners on the women’s prison estate in England and Wales, our approach is that transgender women can be held on the main women’s estate only if risk-assessed to be safe. That is part of the reason why more than 90% of transgender women in custody in England and Wales have been held on the men's estate, compared with only 50% in Scotland. The further changes in our policy strengthen the position, meaning that no transgender woman convicted of a sexual or violent offence and retaining male genitalia can be assigned to the general women’s estate other than in truly exceptional circumstances, with ministerial sign-off.

Oral Answers to Questions

Debate between Damian Hinds and Neale Hanvey

Tuesday 21st February 2023 Commons Chamber

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

18. What steps he is taking to ensure the safety, privacy and dignity of women within the female prison estate.

[The Minister of State, Ministry of Justice (Damian Hinds)]

Last month, we published our plan to deliver the female offender strategy for England and Wales, including better outcomes and physical conditions for women in custody.

[Neale Hanvey]

The recent controversy over the custody of double rapist Adam Graham and other violent offenders has illustrated the danger and naivety of self-ID, with tumultuous consequences, yet the Ministry’s latest statistics for England and Wales show that 230 trans-identifying males are being held on the female prison estate, and that there have been 97 sexual offences, 44 of which were rape. The Scottish Government acted swiftly, so what action will the UK Government take to limit that harm, review practices and clarify equalities legislation to ensure that prisoners are protected from abusive males?

[Damian Hinds]

Of course, safety must always come first. I can confirm that we do not hold prisoners based on their self-declared gender identity. Our approach is that transgender women, including those with gender recognition certificates, can be held on the main women’s estate only if a risk assessment concludes that it is safe. The changes to our policy mean that no transgender woman convicted of a sexual offence, or who retains male genitalia, can be allocated to the general women’s estate other than in truly exceptional circumstances.