For Women Scotland condemn transgender prison policy in award win
It followed a landmark Supreme Court ruling in April which defined the terms "women" and "sex" in the Equality Act 2010 as referring to biological sex at birth.
For Women Scotland, founded by Trina Budge, Marion Calder, Susan Smith and the late Magdalen Berns, won the case over the Scottish Government following a five-year campaign.
The group challenged the Gender Representation on Public Boards Act, a Scottish law aimed at improving gender balance that defined "women" to include transgender individuals with a Gender Recognition Certificate (GRC).
The Scottish Government accepted the ruling and has since updated its guidance for gender balance on public boards.
However, For Women Scotland warned there were still policies which were "inconsistent" with the ruling.
In August, the group launched fresh legal action against the Scottish Government over the placement of transgender people in custody and self-ID in schools.
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The Scottish Government issued "refreshed" guidance for schools the following month, outlining separate toilets were required for boys and girls.
But an equivalent change has not been made for prisons, meaning a transgender woman could still be housed in the female estate if there is evidence they do not pose "an unacceptable risk of harm".
Ms Smith, co-director of For Women Scotland used her speech at the Scottish Politician of the Year Awards to condemn the policy.
She said the group supported women whose voices "could not be heard".
First Minister John Swinney and his close political advisers were in attendance.
Ms Smith said: “The most vulnerable women need the protection of knowing that they have sex-based rights and we are fighting on for women in prison.
“If we had two wishes tonight it would be that women in prisons can be protected and that the Scottish Government will step up and support Ash Regan’s Bill to support women in prostitution.”
For Women Scotland won Public Campaign of the Year at The Herald's Politician of the Year Awards. (Image: NQ)
It comes after documents obtained by The Telegraph through freedom of information requests revealed Scottish ministers ignored warnings about a potential legal challenge over the placement of transgender prisoners.
Minutes from a meeting between civil servants and campaign groups For Women Scotland Sex Matters revealed that prison policy was described as not "our area" by ministerial advisers.
Catherine McMeekan, the deputy director in equalities at the Scottish Government, made the comment during the meeting, adding: “We are encouraging them [the Scottish Prison Service] to take steps to consider the changes that will need to take place in order for their guidance to be complaint with the Supreme Court judgment.”
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Ms Smith challenged that remark during the June 5 meeting and warned civil servants that although prisons were a separate organisation "the legal challenge would be taken against ministers".
Current guidelines for prisons allow for a transgender woman to be placed in the women's estate if there is no basis to "suppose" they pose a risk of harm to female inmates.
The legal action has been lodged at the Court of Session in Edinburgh with the Scottish Government confirming it intends to defend the policy.
The trans prison row erupted in 2023 when Isla Bryson, a transgender woman, was remanded to Corton Vale, a former women's prison in Stirling.
Bryson was convicted of raping two women while a man named Adam Graham. The double rapist has now been moved to the male prison estate.
The Scottish Government said it would not comment on the legal battle from For Women Scotland while the case is ongoing.
For Women Scotland also urged the Scottish Government to back Ash Regan MSP's Prostitution Offences and Support Bill which aims to make it illegal to buy sex.
The Scottish Government has said it "strongly supports" the principles of the bill - but warned "substantial amendments" would be needed to the proposals, known as the Unbuyable Bill.
During The Herald's political awards ceremony, First Minister John Swinney was named Politician of the Year.
