Women’s Prison Estate: Biological Males

4. How many biological male prisoners are held in the general women’s estate.

15. How many biological male prisoners are held in the general women’s estate.

There are fewer than five transgender women in the general women’s estate. The exact figure cannot be provided without breaching data protection legislation obligations.

In Scotland two weeks ago, the Court of Session ruled it unlawful to hold biological males anywhere on the women’s prison estate, and even the SNP Government, after a year of dither and hundreds of thousands of pounds of public money wasted, have now been forced to accept this and move biological males out of women’s prisons. Can the Minister set out a timeline for all women’s prisons right across the UK to remove biological males so that they can fully comply with the Supreme Court ruling brought about by For Women Scotland?

The judgment in Scotland relates to prison rules that apply in Scotland only—England and Wales have separate rules, as the hon. Gentleman will no doubt know. I gently remind him that the rules in England and Wales were introduced in 2023. They mean that transgender women with male genitalia or any history of violent or sexual offending are not held in the women’s estate, except in truly exceptional cases that are signed off at a ministerial level. This Government inherited those rules, and Ministers have not approved the placement of any transgender women in women’s prisons. This is a classic case of this iteration of the Conservative party spending all its time in opposition criticising the very policy that it introduced.

We have just heard from my hon. Friend the Member for Aberdeen South (Douglas Lumsden) that the Supreme Court has clarified the meaning of sex in the Equality Act 2010 and that Scotland has taken the relevant steps. The Minister responded to my hon. Friend with a fairly vague answer about what needs to happen in England. We know that there are women who are not biological females in the women’s estate in England and Wales. When will women get the same protections as in Scotland?

The policy that we are implementing in England and Wales is lawful; it complies with the Prison Rules 1999 and the Equality Act 2010. The guidance from the Equality and Human Rights Commission has come out. We have 40 days to consider and ratify it, and we will do so.

Given that we are thinking about the women’s prison estate more generally, and given that the Swansea residential women’s centre was due to open in 2024 but now does not look like it will open at all, what steps is the Minister taking to ensure that Welsh women can access alternatives to custody?

My hon. Friend is absolutely right that we are determined to drive down the population of women who are in prison where it is safe to do so. That is why Lord Timpson set up the women’s justice board, which has taken huge steps not just in improving resources for women in custody, but in ensuring that we have plans to reduce the population wherever possible.