Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what is the process for authorising the approval of the transfer of a biological male prisoner into the female prison estate.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
There are currently seven biological male prisoners at HMP Downview and all of them are on E Wing, which is a transgender only facility.
No transgender women who retain their birth genitalia, and/or have any history of sexual or violent offences, can be held in the general women’s estate unless an exemption is granted by a Minister. The current Government has not moved any transgender women into the general women’s estate since taking office.
We are reviewing the policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many biologically male prisoners have been placed at HMP Downview since 4 July 2024.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
There are currently seven biological male prisoners at HMP Downview and all of them are on E Wing, which is a transgender only facility.
No transgender women who retain their birth genitalia, and/or have any history of sexual or violent offences, can be held in the general women’s estate unless an exemption is granted by a Minister. The current Government has not moved any transgender women into the general women’s estate since taking office.
We are reviewing the policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment her Department has made of the potential impact transgender prison policies on the (a) safety, (b) dignity and (c) privacy of biologically female prisoners.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Prior to any placement, a risk assessment would be carried out by a multidisciplinary panel chaired by a specially trained senior prison manager, with senior staff from the HMPPS Womens Group including a psychologist. Assessments take account of all known risks posed by an individual, based on a comprehensive range of factors, together with the potential impact on other prisoners.
This Government inherited the policy regarding allocation of transgender prisoners from the previous Government. No transgender women have been moved into the general women’s estate, including at HMP Downview, since 4 July 2024. We are reviewing the policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 20 May 2025 to Question 52148 on HMP/YOI Downview: Transgender People, whether procedures used to assess the risk posed by transgender prisoners housed on E Wing of HMP Downview include specific consideration of the vulnerability or trauma histories of the women housed there.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Prior to any placement, a risk assessment would be carried out by a multidisciplinary panel chaired by a specially trained senior prison manager, with senior staff from the HMPPS Womens Group including a psychologist. Assessments take account of all known risks posed by an individual, based on a comprehensive range of factors, together with the potential impact on other prisoners.
This Government inherited the policy regarding allocation of transgender prisoners from the previous Government. No transgender women have been moved into the general women’s estate, including at HMP Downview, since 4 July 2024. We are reviewing the policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 20 May 2025 to Question 52148 on HMP/YOI Downview: Transgender People, what procedures are used to assess the risk posed by transgender prisoners housed on E Wing of HMP Downview before allowing them access to the general women’s estate.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Prior to any placement, a risk assessment would be carried out by a multidisciplinary panel chaired by a specially trained senior prison manager, with senior staff from the HMPPS Womens Group including a psychologist. Assessments take account of all known risks posed by an individual, based on a comprehensive range of factors, together with the potential impact on other prisoners.
This Government inherited the policy regarding allocation of transgender prisoners from the previous Government. No transgender women have been moved into the general women’s estate, including at HMP Downview, since 4 July 2024. We are reviewing the policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the risk assessments undertaken before granting transgender prisoners access to the women’s estate include input from (a) trauma specialists and (b) safeguarding professionals familiar with the needs of vulnerable women.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Prior to any placement, a risk assessment would be carried out by a multidisciplinary panel chaired by a specially trained senior prison manager, with senior staff from the HMPPS Womens Group including a psychologist. Assessments take account of all known risks posed by an individual, based on a comprehensive range of factors, together with the potential impact on other prisoners.
This Government inherited the policy regarding allocation of transgender prisoners from the previous Government. No transgender women have been moved into the general women’s estate, including at HMP Downview, since 4 July 2024. We are reviewing the policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
How many biological males are held in women's prisons.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
No transgender women who retain their birth genitalia, or have any history of sexual or violent offences, can be held in the general women’s estate unless an exemption is granted by a Minister.
The number of transgender women prisoners in the general women's estate is in the low single figures.
This is as a result of decisions taken by past Justice Secretaries, and the current Government has not moved any transgender women into the general women’s estate since taking office.
We are reviewing transgender prisoner policy following the recent Supreme Court ruling. We will ensure that we are fully compliant with this ruling, which has brought long overdue and much needed clarity to this question.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, on what date the transfer of Joanna Rowland-Stuart to HMP Downview was authorised by her Department; and what the authorisation process was.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
We do not provide information that includes the personal details of individuals.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 9 May 2025 to Question 50011 on HMP/YOI Downview: Transgender People, when the seven male prisoners held at HMP Downview will be moved to the men's prison estate; and what steps her Department is taking to ensure the (a) safety, (b) privacy and (c) dignity of female prisoners held in HMP Downview.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
This Government inherited the policy regarding allocation of transgender prisoners from the previous government and have not moved any transgender women into the women’s estate since taking office.
We are reviewing transgender prisoner policy in light of the Supreme Court ruling and will set out any changes to our approach in due course.
E Wing prisoners are held separately to other prisoners at HMP Downview. They cannot be given any access to the general women's estate in the prison unless risk-assessed as being safe to do so. If they are given access, this will be directly supervised by staff.
Asked by: Rebecca Paul (Conservative - Reigate)
Question to the Department for Science, Innovation & Technology:
What assessment he has made of the potential impact of the Data (Use and Access) Bill [Lords] on the capture of sex data in public services.
Answered by Chris Bryant - Minister of State (Department for Culture, Media and Sport)
The Data Bill does not alter data collection practices for public services.
Public service providers processing personal data are still subject to compliance requirements under data protection legislation.
The Government accepts the Supreme Court Ruling. We are working through this judgement carefully, including on how public services collect (and subsequently process) sex data in public services.