Latest news with #MurrayBlackburnMackenzie
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
26-04-2025
- Politics
- Daily Mail
SNP must get trans inmates out of women's prisons now, think tank warns
Prison bosses are under new pressure to immediately remove male-born trans inmates from female jails. Think tank MurrayBlackburnMackenzie has written to Justice Secretary Angela Constance insisting on the change after the Supreme Court ruling that biological sex, not gender choices, is the decisive factor in equality law. Yet the Scottish Prison Service (SPS), which holds 16 transgender inmates, has so far refused to commit to changing its policies straight away. In a letter to Ms Constance, MurrayBlackburnMackenzie said that 'it now falls on Scottish Ministers to use their powers to direct the SPS to operate lawfully.' They wrote: 'The 2023 SPS policy operates on the basis of gender self-identification and allows trans-identified male prisoners to be placed in the female estate. 'The Equality and Human Rights Impact Assessment explains that trans-identified males with a history of violence against women may be placed in the female estate if they do not present an unacceptable risk of harm, and that this is provided for in the Equality Act. 'This case-by-case interpretation is not consistent with the law as clarified by the Supreme Court. All prisoners should be housed according to their biological sex.' The SPS developed its revised policy in 2023 after the backlash over the placement of double rapist Adam Graham, known as Isla Bryson, in the female estate. However, it has continued to house trans people in the women's estate in some circumstances. Trans murderer Paris Green, who was born Peter Laing, is reported to remain in the women's prison estate despite being charged with assaulting a female prison officer. Dr Kath Murray, Dr Lucy Hunter Blackburn and Lisa Mackenzie concluded in their letter to Ms Constance: 'It is a stain on Scotland's reputation that Scottish Ministers ever permitted this sexist and regressive policy.' An SPS spokesman said: 'We have received the Supreme Court's judgment and are considering any potential impact it may have.' The Scottish Government said that 'under the present policy, no transgender women, with a history of violence against women and girls, who presents a risk to women, is placed in the female estate'.
The Independent
10-04-2025
- Health
- The Independent
Health board seeks to restrict online viewing of tribunal involving trans doctor
A health board is seeking to bar the public from online viewing of future hearings in an employment tribunal about a transgender doctor using a female changing room. NHS Fife has requested only media be allowed to watch the livestream of the case brought by nurse Sandie Peggie against the health board when it resumes in July. It said technical issues and 'interruptions caused by non-media observers' caused 'significant delays' to proceedings at earlier tribunal hearings in Dundee in February. Ms Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked. She lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation, and whistleblowing. Ms Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy, Fife, on January 3, 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard in February this year. The tribunal hearings in February could initially be viewed virtually by members of the public, however the judge later restricted virtual access to accredited media. The health board has asked the tribunal for this approach to continue, but said members of the public would still be able to attend the hearings in person. NHS Fife said: 'During the hearing in February, the employment tribunal restricted cloud video platform (virtual viewing) access to press/journalists due to technical issues, as well as interruptions caused by non-media observers. 'The technical issues and interruptions caused significant delays which impacted the tribunal's progress. A request has therefore been made that this approach be maintained in July. 'If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available.' The health board has also asked the tribunal to revoke the Tribunal Tweets group's permission to live-tweet proceedings, saying there had been a public complaint about the posts. Tribunal Tweets told the Daily Telegraph, which first reported the story: 'The respondents have applied to have our permission to report using live text-based communications revoked. 'We will contest that application and believe that we have respected the relevant order and hope to be allowed to continue to report.' Tribunal Tweets, policy analysis collective Murray Blackburn Mackenzie and the organisations For Women Scotland and Sex Matters have together written to the Nick Goodwin, chief executive of His Majesty's Courts and Tribunals Service (HMCTS) suggesting improvements to the online viewing system. Lisa Mackenzie, of Murray Blackburn Mackenzie, said: 'We have recently written to HMCTS asking them to iron out some of the technological challenges faced by those seeking to observe proceedings remotely. 'This is an important case that has generated considerable public interest. 'Seeking to restrict access to the HMCTS livestream, when there are very few seats in the public gallery, is a deeply cynical move by NHS Fife and one that we hope will be resisted by the judge. 'It should be pressing for the technical issues to be resolved instead of seeking to put in place further barriers to open justice.' HMCTS has been approached for comment.
Yahoo
10-04-2025
- Health
- Yahoo
Health board seeks to restrict online viewing of tribunal involving trans doctor
A health board is seeking to bar the public from online viewing of future hearings in an employment tribunal about a transgender doctor using a female changing room. NHS Fife has requested only media be allowed to watch the livestream of the case brought by nurse Sandie Peggie against the health board when it resumes in July. It said technical issues and 'interruptions caused by non-media observers' caused 'significant delays' to proceedings at earlier tribunal hearings in Dundee in February. Ms Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked. She lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation, and whistleblowing. Ms Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy, Fife, on January 3, 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard in February this year. The tribunal hearings in February could initially be viewed virtually by members of the public, however the judge later restricted virtual access to accredited media. The health board has asked the tribunal for this approach to continue, but said members of the public would still be able to attend the hearings in person. NHS Fife said: 'During the hearing in February, the employment tribunal restricted cloud video platform (virtual viewing) access to press/journalists due to technical issues, as well as interruptions caused by non-media observers. 'The technical issues and interruptions caused significant delays which impacted the tribunal's progress. A request has therefore been made that this approach be maintained in July. 'If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available.' The health board has also asked the tribunal to revoke the Tribunal Tweets group's permission to live-tweet proceedings, saying there had been a public complaint about the posts. Tribunal Tweets told the Daily Telegraph, which first reported the story: 'The respondents have applied to have our permission to report using live text-based communications revoked. 'We will contest that application and believe that we have respected the relevant order and hope to be allowed to continue to report.' Tribunal Tweets, policy analysis collective Murray Blackburn Mackenzie and the organisations For Women Scotland and Sex Matters have together written to the Nick Goodwin, chief executive of His Majesty's Courts and Tribunals Service (HMCTS) suggesting improvements to the online viewing system. Lisa Mackenzie, of Murray Blackburn Mackenzie, said: 'We have recently written to HMCTS asking them to iron out some of the technological challenges faced by those seeking to observe proceedings remotely. 'This is an important case that has generated considerable public interest. 'Seeking to restrict access to the HMCTS livestream, when there are very few seats in the public gallery, is a deeply cynical move by NHS Fife and one that we hope will be resisted by the judge. 'It should be pressing for the technical issues to be resolved instead of seeking to put in place further barriers to open justice.' HMCTS has been approached for comment.
Telegraph
01-04-2025
- Health
- Telegraph
SNP admits it helped write controversial NHS trans guidance
Dr Kath Murray, from policy analysts Murray Blackburn Mackenzie who sent the FoI request, said SNP ministers had tried to distance themselves from the issues raised in the Sandie Peggie case. She added: 'It now transpires that, as her case was unfolding, government officials were deeply involved in plans to push out the poor advice underlying events in Fife across the entire NHS. 'The government needs to stop trying to duck its responsibility here. It's time it acted decisively to take serious protections for women in the workplace, right across the Scottish public sector.' 'Government officials played a leading role' In February Mr Swinney said he supported Scottish Government guidance for its trans employees, which states that they 'should choose to use the facilities they feel most comfortable with'. He also confirmed his view that trans women are women. The Scottish Government's response to the FoI said that the gender transitioning guide was drafted by NHS Scotland's 'Once for Scotland' Workforce Policies Programme's Policy Development Group. This included representatives from the SNP, NHS and trade unions. Work started on the guide in January last year and it will be shared with health boards ahead of publication. But feminist groups wrote to Neil Gray, the SNP Health Secretary, in February, warning that its advice on trans access to female-only spaces 'encourages NHS boards to flout the workplace regulations and ignore their legal obligations.' Tess White, the Scottish shadow equalities minister, said: 'This proves that SNP government officials played a leading role in drawing up this harmful gender guidance.' She added: 'John Swinney needs to do the right thing and urgently issue a directive to all public bodies that they must provide single-sex spaces for women and girls.' NHS could face 'enforcement powers' The Telegraph disclosed on Tuesday that the UK's equalities watchdog has warned NHS Fife it could face 'enforcement' action to protect women's safe spaces. The health board told the Equality and Human Rights Commission (EHRC) that it would not consider altering its changing room policies until after the conclusion of the Peggie tribunal. Carol Potter, the board's chief executive, said any recommendations that resulted from the case would be then considered 'in partnership' with the Scottish Government and trade unions. She also highlighted the development of the new national gender transitioning guide, which 'aims to ensure consistency across all NHS Boards in Scotland.' The EHRC told the Telegraph it would be writing again to the health board shortly and said: 'we will consider any appropriate next steps, including the use of our enforcement powers'. A Scottish Government spokeswoman said: 'This is a matter for the employer, NHS Fife. We expect public bodies to comply with all aspects of the Equality Act, including the exemptions relating to separate and single sex spaces, which we strongly support.'
