Latest news with #IslaBryson
Scottish Sun
23-05-2025
- Politics
- Scottish Sun
Police Scotland blasted for lack of ‘gender and pronouns' policy on trans suspects
It follows the UK Supreme Court ruling earlier this month POLICY ROW Police Scotland blasted for lack of 'gender and pronouns' policy on trans suspects Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) POLICE Scotland bosses were blasted today for saying they still don't have a 'set policy' on the use of 'gender and pronouns' for suspects who identify as the opposite sex. The national force was criticised after issuing a position statement following May's landmark Supreme Court ruling. Sign up for the Politics newsletter Sign up 2 A freedom of information response from Police Scotland said it 'deals with each incident on a case-by-case basis' Credit: Alamy A freedom of information response from Police Scotland - following questions about how it treats sex attackers - said it 'deals with each incident on a case-by-case basis'. The force also said it has 'no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender'. It comes after Chief Constable Jo Farrell appeared to clarify the service's rules on sex offenders in September, when she said biological male rape suspects would be 'be treated and we will investigate them as a man'. And it follows the UK Supreme Court last month clarifying that sex in equalities law means biological sex, not how someone identifies. Today, Scottish Conservative equalities spokesperson Tess White said it 'defies belief' that Police Scotland 'still doesn't have a clear policy on the accurate recording of sex'. She said: 'The Supreme Court's ruling couldn't have been clearer. The onus is on John Swinney to ensure that public bodies, including Police Scotland, are abiding by it.' The Tory MSP said the latest development was a reminder of the dangers posed by the likes of biological male double-rapist Isla Bryson - formerly known as Adam Graham - who was initially sent to a women's prison, sparking a backlash in 2023. Ms White said: 'The Isla Bryson scandal exposed the dangerous way in which the SNP's flawed gender self-ID policy could be exploited. It allowed a predatory man into a women's prison and put female inmates at risk.' A spokeswoman for For Women Scotland, which won the Supreme Court case, said: 'We really can't keep up with the knots Police Scotland is tying itself into. 'It's really quite simple, all rapists are male and Police Scotland, of all organisations, should be following the evidence and facts.' Trans women are NOT women, Supreme Court rules in win for anti-woke campaigners after battle over female-only spaces Last month's Supreme Court ruling has led to a list of organisations adapting their gender policies. But the Scottish Government has so far refused to change its own or issue new guidance to public bodies - like Police Scotland - saying it's awaiting further instruction from the UK's Equalities and Human Rights Commission. The EHRC has already issued 'interim' guidance. The Police Scotland FoI request was published this week by the force, and first reported by The Herald. A person had asked the force whether it records the sex of someone suspected in a rape or sexual assault case based on DNA or self-identified gender, and what guidance it follows when recording the sex and gender of individuals who are suspected of criminal activity. The Police Scotland FoI response said: 'There is no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender.' It said police procedures on the identification and recording of sex and gender 'is evidence-led, aligns to legislative and operational requirements and is in keeping with our values of policing with integrity, fairness and respect, and upholding human rights'. The force added: 'At this time Police Scotland deals with each incident on a case-by-case basis.' Police Scotland also said it was currently reviewing its approach, taking into account the Supreme Court judgement. The Scottish Sun revealed in 2021 how the national force said they would record a rape as being committed by a woman if an attacker 'identifies as a female' - even if they haven't legally changed gender. At a Scottish Police Authority meeting this week, Ms Farrell was asked about when a long-awaited new policy would be in place. She said there were a number of 'moving parts' and said: 'We will do this once and we will do it right.' She added it was important not to make 'missteps' given the sensitivity of subject. Asked how the latest statement squares with Ms Farrell's September comments, a Police Scotland spokeswoman referred back to the top cop's statement to the Scottish Police Authority the same month, when she said: 'A male rapist cannot demand to be called a woman and further traumatise his victim – this would not happen.'
The Herald Scotland
23-05-2025
- Politics
- The Herald Scotland
Sex of trans rape suspects not recorded by default
Despite previous assurances from the Chief Constable, it stated that decisions would be taken on a 'case-by-case basis'. The Scottish Conservatives said the force's approach 'defied belief'. READ MORE Since 2019, Police Scotland's practice has been to record a suspect's sex based on their presentation or self-declaration. A 2021 petition to Holyrood, submitted by the policy collective Murray Blackburn Mackenzie (MBM), raised concerns about recording offenders who were born male but identify as female in crime statistics as women. The petition argued that this would distort rape statistics in particular, as the crime is legally defined in Scotland as penile penetration without consent. In January last year, a Holyrood committee wrote to the force to 'seek a clear explanation of how its policy on recording the sex of perpetrators of crimes aligns to the organisation's values'. A response — sent by the Police Scotland in March but only made public in September — stated that the 'sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare'. The service added that this was 'consistent with the values of the organisation' and aligned with 'legislative compliance, operational need and the values of respect, integrity, fairness and human rights whilst promoting a strong sense of belonging'. The response provoked anger. Critics cited high-profile cases, including that of Adam Graham, who began identifying as Isla Bryson while awaiting trial for two rapes. He was arrested and recorded as male but was allowed to be processed in court as a woman. Had Bryson claimed a trans identity before being charged, his offences would have been recorded as having been committed by a woman. Weeks later, the force reversed its position. Chief Constable Jo Farrell told a meeting of the Scottish Police Authority that 'a man who commits rape or serious sexual assaults will be recorded by Police Scotland as a male'. READ MORE In a recent FOI request, the force was asked whether it records a the sex of a someone suspected in a rape or sexual assault case based on DNA or self-identified gender, and what guidance it follows when recording the sex and gender of individuals suspected of criminal activity. In response, it said: 'There is no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender.' The force continued: 'Police Scotland recognises that gender self-identification is a sensitive area of public policy. 'Police Scotland's procedures on the identification and recording of sex and gender are evidence-led, align to legislative and operational requirements and are in keeping with our values of policing with integrity, fairness and respect, and upholding human rights. 'The purpose of policing in Scotland is to improve safety and wellbeing. Police Scotland takes a victim-centred approach to investigating crime. Improving the experiences of victims is at the heart of everything we do. 'At this time, Police Scotland deals with each incident on a case-by-case basis. 'We are conducting a full review of Police Scotland's use of sex and gender to consider any improvements to the terminology, recording practices and use of data, ensuring they are current, comply with relevant legislation and provide clear guidance to aid operational practice. 'This important review work will now also consider the recent Supreme Court judgment on the subject.' Last month, the UK's highest Court ruled unanimously that a the terms 'man' and 'woman' in the Equality Act refer to biological sex, not acquired gender. Scottish Conservative equalities spokesperson Tess White said: 'It defies belief that Police Scotland still does not have a clear policy on the accurate recording of sex – despite previously saying that a man who commits sexual assault will be recorded as a male. 'The Isla Bryson scandal exposed the dangerous way in which the SNP's flawed gender self-ID policy could be exploited. It allowed a predatory man into a women's prison and put female inmates at risk. 'The Supreme Court's ruling could not have been clearer. The onus is on John Swinney to ensure that public bodies, including Police Scotland, are abiding by it.'
Daily Mail
20-05-2025
- Politics
- Daily Mail
EUAN McCOLM: Tormented by a justice system that puts the feelings of men before the rights of women
The case of Adam Graham should have marked an end to the madness. When the double rapist was sent to Cornton Vale women's prison in 2023, the backlash from the public was swift and fierce. How on earth, people asked, had we reached the point where a man who had been found guilty of such horrific crimes could be imprisoned alongside vulnerable women? The answer of course was that, thanks to the capture of Scotland's SNP Government - and countless public bodies - by radical trans activists, we were all expected to accept that, having changed his name to Isla Bryson, Graham was female. This lie fell swiftly fell apart. So angry were voters at the situation that Graham was moved to a men's prison. Shortly after that, the UK Government blocked the Scottish Parliament's attempt to allow self-ID for trans people on the grounds that it would negatively impact the UK-wide Equality Act. Then First Minister Nicola Sturgeon demonstrated the utterly bewildering effect of gender ideology when she refused to say whether Graham was a man or a woman. This person, she said, was a rapist, as if that were a third sex. The fallout from that case hastened the end of Ms Sturgeon's career, pushing her to step down as First Minister in March 2023. One might have thought this would have focused the minds of politicians and bureaucrats who had bought into the farcical idea that men who declare themselves women should be allowed - indeed welcomed for their 'bravery' - into female-only safe spaces. It did not. Rather, government ministers, fearful of a backlash from trans activists, preferred to pretend the whole messy situation hadn't happened, at all. Last month's ruling from the Supreme Court that, according to law, sex is a matter of biology rather than feeling, has - finally - seen organisations corrupted by the unreasonable demands of trans activists begin to face up to the fact that a man who declares himself a women does not win the right to enter spaces - or win positions - which are, legally and for reasons of safety and fairness, meant for females only. However, it has become abundantly clear that it will take time for the mess created by gender ideologues to be cleaned up. Numerous organisations responded to the Supreme Court ruling by saying they would be taking time to 'consider' it. These arrogant responses show just how deeply embedded the idea that someone is whatever sex they say they are is embedded among bureaucratic elites. There is, of course, nothing for them to consider. These organisations must simply ensure that they are complying with the law and if doing that provokes the anger of activists then, well, so what? One organisation that we should have been able to trust to do the right thing, long ago, is the Scottish Prison Service. For years, the SPS acted as if self-ID was already law and placed a succession of dangerous men in women's jails. The Graham case should have brought that to an end. Yet, as a case held in Greenock Sheriff Court on Monday made clear, this is not so. Jane Sutherley is currently held in HMP Greenock, having been convicted of culpable homicide in 2020. Having taken another life, Sutherley got what she deserved. But she did not deserve to face court this week charged with transphobic harassment of a fellow inmate. The court heard claims that Sutherley had left fellow prisoner Alexandria Stewart 'suicidal' after years of 'abuse'. Stewart, a biological male, was known as Alan Baker when he was jailed in 2016 for the murder of father-of-two John Weir. The charges against Sutherley were found not prove by Sheriff Millar who pointed out, entirely reasonably, that someone can refer to a 'transgender person in their original biological state without being transphobic'. That Sutherley ever faced charges in relation to anything she is alleged to have said to Stewart is an outrage. Stewart should not be in a women's prison, in the first place. But we should be glad this week's case took place because it has exposed a real scandal. Sutherley was dragged before the Sheriff on Monday on the basis of allegations levelled by Stewart and, Nyomi Fee, a fellow prisoner in Greenock - and Stewart's lover. That's right. The Scottish Prison Service was concerned about the hurt feelings of a biological male involved in a romantic relationship with a woman while imprisoned. Fee, 37, is currently serving a minimum sentence of 24 years for the murder of her two-year-old stepson, Liam. The child-killer and 36-year-old Stewart have been a couple since 2019. My sympathy for Sutherley is limited but, as someone who believes that prison should be about rehabilitation as well as punishment, I'm horrified that she has - because of the bogus charges levelled against her - missed out on a number of opportunities to seek release on parole. Astonishingly, the only witnesses against Sutherley were Stewart and Fee. I wonder whether Sutherley - moved to Polmont after complaints from two murderers - would ever have seen the inside of Greenock Sheriff Court had she not been accused of that great contemporary crime of misgendering someone. This is not simply a matter for the SPS. Justice Secretary Angela Constance and First Minister John Swinney should be taking an active role in ensuring that the relationship between Stewart and Fee is ended. This objective can be easily achieved by moving Stewart to a male prison. And if the First Minister and his colleague think Stewart should remain with women, then let them explain to us all their reasons. It is not currently known how many Scottish prisoners are held in facilities that do not align with their biological sex. We do know, however, that trans killers Paris Green and Melissa Young remain in female prisons, despite the danger they clearly present to vulnerable women. After Monday's court hearing in Greenock, a spokesman for the Scottish Prison Service said: 'Our staff work hard to support the health, safety, and wellbeing of all people living and working in Scotland's prisons. We have received the Supreme Court's judgment and are considering any potential impact it may have.' What shocking complacency. The impact of the Supreme Court judgement should already have been felt. No man, no matter how he identifies, should be held in a women's prison. Jane Sutherley deserved to go to prison for her crime. She did not deserve then to be tormented by a justice system that puts the feelings of men before the rights of women.
The Herald Scotland
24-04-2025
- Politics
- The Herald Scotland
Swinney told to act after court rules sex means biology in law
In a unanimous ruling after a lengthy legal battle, the UK's highest court made clear that a Gender Recognition Certificate (GRC) does not change a person's sex for the purposes of the Equality Act 2010. The court ruled that 'man' and 'woman' in that Act refer to biological sex, not acquired gender. READ MORE: The head of the EHRC described the ruling as 'enormously consequential.' The commission is expected to lay an updated statutory Code of Practice before the UK Parliament by the summer. Scottish Government ministers were due to meet with the watchdog on Thursday, but the meeting has now been postponed by the EHRC. At Holyrood, Scottish Tory leader Russell Findlay urged the First Minister to act now rather than wait for the new guidance. He said Swinney should 'end the era of divisive gender politics' and break with his predecessor, Nicola Sturgeon. Findlay claimed female prisoners 'were the first target of SNP gender ideology.' 'Today, a prison officer told me that staff still face disciplinary action if they call male sex offenders identified as female 'he' or 'him'. 'Now, following the scandal of a rapist in a women's prison, there are still male prisoners in the female estate — and that's despite last week's seismic court ruling. 'So will John Swinney now instruct the Scottish Prison Service to ensure male prisoners do their time in men's prisons?' Mr Swinney replied: 'As the Government has set out to Parliament already, we are considering the details of the Supreme Court judgment, taking the necessary advice from the Equality and Human Rights Commission about the application of that advice, and that will have a bearing on the judgments that are made in relation to public services. 'I would expect all public bodies to operate on that basis and within the law.' Double rapist Isla Bryson was initially going to be sent to the women's estateThe Scottish Prison Service (SPS) trans prisoner policy was published in late 2023 following public outcry over the Isla Bryson case. Bryson first appeared in court facing rape charges under the name Adam Graham. After being convicted, the SPS initially diverted Bryson to Cornton Vale — Scotland's only women's prison — rather than to HMP Barlinnie, as originally planned. The decision sparked widespread backlash and prompted a review of SPS practices. The resulting policy states that a transgender woman 'will not be eligible to be considered for admission or transfer to a women's prison' if convicted of serious offences including murder, assault, robbery, abduction, rape, and sexual harassment. However, the policy includes an exception: the SPS's Risk Management Team, and subsequently an executive panel, may approve such a transfer if 'there is compelling evidence that they do not present an unacceptable risk of harm to those in the women's prison.' It also states that prisoners with a GRC can be housed 'in accordance with their sex at birth, if it is considered necessary to support people's safety and wellbeing.' It is not known how many biologically male prisoners are currently housed in the female estate. During FMQs, Mr Findlay said the First Minister had 'a chance to be his own man and go a different way from his closest ally, who isn't even showing up for work anymore.' 'He can guarantee all public bodies will have new and lawful policies to respect women's rights in place by summer. 'He can admit that trans women are not women. 'He could hold his hands up and apologise fully and sincerely. 'John Swinney could ditch Nicola Sturgeon's toxic legacy once and for all. 'Will he now take the chance to finally bring to an end the era of divisive gender politics?' In response, Mr Swinney pointed to remarks made in 2018 by then-Conservative MSP Alison Harris — speaking on behalf of current MSP Annie Wells — during debate on the Gender Representation on Public Boards (Scotland) Bill, legislation that was later challenged in court. According to the official Holyrood record, Wells said she was 'pleased' by a Labour amendment to broaden the definition of 'woman' to include trans women without a GRC. Russell Findlay and Tess White (Image: Jane Barlow) Mr Swinney said: 'I'm simply reading that into the official report, because the Conservatives have changed their position on this, and they have changed their position from what they said in 2018. 'What my Government will do is what it always does: follow the rule of law, take careful account of the decisions and the context in which we take our decisions, and act wisely to protect the rights of all within Scotland. 'The first duty of the Government is to protect the rights of everyone in Scottish society.' READ MORE: In a blog post, policy group Murray Blackburn Mackenzie said there was no reason for the government to wait for the EHRC's new Code of Practice, pointing out that it 'does not impose legal obligations.' They added: 'The Supreme Court's judgment therefore takes priority over any EHRC Code, where the two conflict. The Code can at most 'colour in' what the law requires. 'The Scottish Government therefore has no excuse for any delay in taking action to ensure that public bodies falling within its responsibility are taking basic steps now to ensure that they are acting within the law. 'Given the widespread adoption of policies which replace sex with self-identified gender across the Scottish public sector, many will not be.' The Scottish Prison Service has been approached for comment.
ITV News
24-04-2025
- Politics
- ITV News
'It has implications much further than Earlston Primary School' - gender court ruling analysis
Ministers at Holyrood and Westminster may not be able to say what the implications will be from the Supreme Court's ruling on the definition of a woman, but its effect is already being felt in the real world. This week's court order against Scottish Borders Council made it clear that state schools in Scotland must provide single-sex toilets for pupils. The case was brought before the Supreme Court ruling, but the fact its outcome was announced in the following days means it is very much linked. It has implications that reach much further than Earlston Primary School and one council. This case, again, made crystal clear that public bodies have obligations under law that contradict the drift of policymaking in recent years. Every area of public life has been affected by guidance that was aimed at making life easier for trans and non-binary people. The aim - to help a group of people who often feel alienated be more comfortable - might be laudable, but at almost every turn its execution was cack-handed. The controversial Gender Recognition Reform Act ended up being blocked by the previous Conservative UK Government, a decision that was backed by the courts. Unsurprisingly, the Scottish Government confirmed it will no longer be pursuing this legislation in the wake of the Supreme Court ruling despite legal commentators suggesting the judgment will have little effect on the Act. Bloody-mindedness and a refusal to listen to critics led to the shambles of the Isla Bryson case. Bryson raped two women and transitioned to self-identify as a woman after being charged but before conviction and imprisonment in a female prison. Following a backlash, Bryson was transferred to a male prison. Now wider Scottish Government guidance will have to change in the wake of the Supreme Court ruling last week that the definition of a 'woman' in the Equality Act is based on biology. Social Justice Secretary Shirley-Anne Somerville and Health Secretary Neil Gray are meeting the Equalities and Human Rights Commission on Thursday (NOTE: today, wasn't sure on style) to flesh out what alterations now have to be made, particularly around single-sex spaces. This will affect every public body in Scotland and will be a major shift in how public policy operates in Scotland. It will be a major challenge to ministers and officials to ensure they uphold women's rights as has been laid out to them by the law while ensuring that trans people's lives are not made worse. So far, despite their intentions, that has been the ultimate result of government actions.
