Ministers have confirmed that they will not appeal Lady Ross's
decision on the petition for judicial review of the Scottish
Prison Service's (SPS) Policy for the Management of Transgender
People in Custody Operational Guidance.
Justice Secretary said:
Following careful consideration of Lady Ross's judgment, we
accept the ruling and have decided not to appeal.
This case involved important considerations of Ministers' legal
obligations as well as the serious practical implications arising
from the issues before the court, including the risk of suicide
recognised in the judgment.
The Scottish Government frequently has to make difficult
decisions which balance the different interests and rights of
individuals, often in complex situations, and this was one such
situation.
The focus now moves to implementing the law, as clarified by the
court, maintaining a clear focus on the safety, wellbeing and
rights of all those living and working within Scotland's prisons.
The Scottish Prison Service withdrew their Transgender Policy
yesterday, and work is underway to implement transfers of
prisoners today.
The safety, wellbeing and rights of all those living and working
within Scotland's prisons and the welfare of affected individuals
will be the primary consideration and operational changes will be
taken forward carefully, lawfully and in a managed way.
Background
Q [George Adam MSP] - To ask the Scottish Government whether it
will provide an update on the recent Court of Session judgment in
For Women Scotland v Scottish Ministers concerning the SPS's
Policy for the Management of Transgender People in Custody and
associated Operational Guidance.
A [Neil Gray, Cabinet Secretary for Justice] Following careful
consideration of Lady Ross's judgment the Scottish Government has
decided not to appeal.
This case involved important considerations regarding Ministers'
legal obligations under the Scotland Act 1998, the Equality Act
2010 and the European Convention on Human Rights, as well as the
serious practical implications arising form the issues before the
Court, including the risk of suicide recognised in the judgment.
The focus now moves to implementing the law, as clarified by the
court maintaining a clear focus on the safety, wellbeing and
rights of all those living and working within Scotland's prisons.
The Scottish Prison Service withdrew their Transgender Policy on
22 June, and work is underway to implement transfers of prisoners
on 23 June.
The safety, wellbeing and rights of all those living and working
within Scotland's prisons and the welfare of affected individuals
will be the primary consideration and operational changes will be
taken forward carefully, lawfully and in a managed way.
