First Minister John Swinney has faced fierce criticism after refusing to state whether biologically male prisoners housed in female jails are men or women. The Scottish Government's contentious policy was labelled as 'appalling' by an SNP MSP during a heated Holyrood exchange.
A Heated Clash in Holyrood
The confrontation was led by former Scottish Conservative leader Douglas Ross, who pressed Mr Swinney on the implications of a recent Supreme Court ruling on the definition of a woman. The Scottish Government is currently contesting the impact this ruling has on the human rights of men in women's prisons.
When questioned about the ongoing court battle over guidance permitting some biological males into women's prisons, Mr Swinney asserted that the Supreme Court ruling 'is accepted by the Scottish Government'. However, he added that ministers are working to ensure all policies comply with legal obligations, including those under the European Convention on Human Rights.
Douglas Ross delivered a scathing response, stating: 'I'm not allowed to call the First Minister a liar, but that answer was not truthful. He's not giving a truthful answer, it's desperate stuff from the First Minister.' He accused Mr Swinney of hypocrisy, asking: 'How on earth can he stand up here and say the Government is respecting the Supreme Court ruling when it is in court arguing the very opposite.'
Three Cases Highlighted
Mr Ross specifically highlighted three current cases where biologically male murderers are being held in the female prison estate. This includes one inmate who assaulted a female member of staff but has reportedly not been moved to a male facility.
'Let me ask the First Minister this: these evil killers are all housed with female prisoners. Are they male or female?' Mr Ross demanded. John Swinney did not provide a direct answer to this question. Instead, he reiterated that the government must ensure its policies meet all legal obligations.
He explained the complexity of the situation, stating: 'In these situations, the Government has got to wrestle with complex situations and make difficult decisions that balance and reflect the interests and rights of individuals.'
Internal SNP Criticism Emerges
The criticism was not confined to opposition benches. SNP MSP Ruth Maguire also raised profound concerns, delivering a powerful rebuke of her own government's stance. She pointed out the inconsistency in protecting single-sex spaces.
Ms Maguire said: 'The need for protection of space for women who sit at board tables has been protected and the law corrected but a policy that means female prisoners – a majority of whom have experienced male violence – may have to share close quarters with male-bodied inmates while in the care of the State is being defended.'
She directly challenged the First Minister's understanding of the issue, asking: 'Knowing everything that we do about trauma, given the countless testimonies of women on this matter... does the First Minister understand just how appalling the Government's actions feel to many of us, and how difficult it is to reconcile the Scottish Government's words on the protection of single-sex spaces for females with their actions on this matter?'
The exchange underscores a deep and ongoing political and legal rift over transgender rights, prison safety, and the interpretation of human rights law in Scotland. The government's continued defence of its policy, despite internal and external condemnation, signals a significant and unresolved conflict.
