Police Scotland ‘dithering' over trans strip search guidance
Police Scotland has been accused of 'dithering' over adopting a 'common sense' policy that sees suspects searched by officers of the same sex.
Following the Supreme Court ruling that 'sex' in the Equality Act 2010 is defined as 'biological sex, not gender identity', the National Police Chiefs' Council (NPCC) issued clear guidance on how to conduct body searches.
In cases that involve a transgender person, the new guidance states that they should be searched by a police officer of the same biological sex and not their self-identified gender.
Scotland's national force, however, has yet to adopt the policy.
It said it is being considered and advice has been sought from an independent human rights adviser.
Tess White, the Scottish Conservative shadow minister for equalities, said the way the force was dragging its feet over implementing the policy was 'troubling'.
'Basic common sense'
Calling on the SNP Government to ensure that all public bodies, including Police Scotland, follow the law, she added: 'It's basic common sense that a body search of a suspect ought to be carried out by an officer of the same biological sex and, given the unequivocal ruling of the Supreme Court in April, this issue shouldn't be up for debate.
'The Supreme Court ruling was very clear and the public will expect the police to be among the very first to uphold it.'
The NPCC, which brings together police leaders to set direction for policing across the country, circulated updated guidance to every force in the country last month.
It followed a landmark ruling by the Supreme Court which came about after the Scottish Government included transgender women in quotas to ensure gender balance on public sector boards.
Campaign group For Women Scotland (FWS) argued that sex-based protections should only apply to people born female.
The NPCC said its guidance is based on 'legal advice' and has been developed after seeking views across policing as well as those of other agencies.
'It reflects working practice which already happens every day across policing, where officers and detainees make requests about searches for a multitude of reasons,' the organisation stated.
'It makes clear that thorough police searches, such as those which expose intimate body parts, should be carried out by police officers and staff of the same biological sex as the detained person.'
The guidance also states that a trans person who requests that a search be conducted by an officer of their stated gender may be considered.
According to the guidance, it is 'explicit' that any search not conducted in line with biological sex must have the 'written consent of the detainee, the officer carrying out the search as well as the authorising officer'.
Review is 'complex'
Catriona Paton, Police Scotland's Assistant Chief Constable, said an ongoing review into sex and gender was 'complex, sensitive work, and the wellbeing of our people and communities is a priority'.
'We are operating within a dynamic and evolving landscape and it is critical that we take time to consider all the views, legislation, guidance and legal advice to ensure our proposals are well-informed and evidence-based,' she added.
The force has been criticised for embracing gender self-identification and faced a backlash for allowing rapists to 'self-declare' their gender identity.
A spokesman for FWS said: 'Like many public bodies, the police were quick to dance to the tune of trans lobbyists, going far beyond the law and adopting policies of self-ID.
'Now that the Supreme Court has ruled that equality law refers to biological sex, they are dragging their heels. The police, of all bodies, should follow the law – it really isn't complicated.'
Kenny MacAskill, the former Alba Party leader and former Scottish justice secretary, called on Police Scotland and the Scottish Police Authority to act quickly to end the current practice of female officers conducting body searches of biological men who self-identify as women.
'Officers have to carry out stop and searches, but it is preposterous to expect a female police officer to carry out a body search of an obviously male person self-identifying as female,' he said. 'The Supreme Court [ruling] should be the clarion call for an end to the idiocy.'
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