Transgender Prisoners

Iain Stewart Excerpts

Tuesday 15th December 2015 Commons Chamber

[Cat Smith]

The hon. Lady has pre-empted the next part of my speech. There are huge differences in the placement of transgender prisoners between the Scottish prison estate and the English and Welsh prison estate. The policy guidelines for England and Wales state that prisoners should normally be located in the prison estate of their gender, as recognised by UK law. For transgender prisoners, that is normally decided by the gender stated on their gender recognition certificate. There is some flexibility to allow transgender prisoners who do not have a GRC to be located in the estate of their acquired gender, where a case conference and multidisciplinary risk assessment determine that it is appropriate.

[Iain Stewart (Milton Keynes South) (Con)]

I congratulate the hon. Lady on securing this important and sensitive debate. Joanne Latham was found hanged in her cell at HMP Woodhill in my constituency. She was at the very early stages of changing gender and, therefore, would probably not have been covered by the regulations. Does her case not highlight the need for a case conference to be convened at an earlier point in the person’s journey?

[Cat Smith]

The hon. Gentleman makes a pertinent point and highlights the difficulties. A great number of people who have transitioned gender do not have a gender recognition certificate, so this does not just affect those who are at the beginning of their transition. Many trans people do not seek a gender recognition certificate for a great number of reasons, including financial reasons such as access to pensions. That puts them at risk, were they to enter the prison estate in England and Wales, of not being assigned to the prison estate of their acquired gender.

I welcome the Government’s review of the policy guidelines for England and Wales. The scope of the review was broadened recently to ensure that the care and management of transgender prisoners are fit for purpose.