Scottish Government Orders ‘Urgent Review’ of Movement of Transgender Prisoners

First Minister Nicola Sturgeon during a press conference on winter pressures in the NHS, at St. Andrews House in Edinburgh on Jan. 16, 2023. (Lesley Martin/PA Media)

The Scottish government has ordered an “urgent review” of the management of transgender prisoners after lawmakers voiced anger at reports that a transgender prisoner’s request to move to a female jail had been rubber-stamped.

Andrew Burns, who now uses the name “Tiffany Scott,” reportedly requested a transfer to a women’s prison. The Daily Record newspaper reported this request has been approved despite Burns having a history of violence and is serving an order for lifelong restriction, meaning the prisoner will only be released when no longer considered an “unmanageable risk to public safety.”

The opposition Scottish Conservatives said Burns had attacked female staff while in a men’s prison and it is “absolutely appalling” that “such a violent and dangerous criminal is set to be transferred to a women’s prison.”

Isla Bryson, 31, formerly known as Adam Graham, from Clydebank, West Dunbartonshire, arrives at the High Court in Glasgow on Jan 23, 2023. (PA Media)

It came after Adam Graham, a transgender rapist who now uses the name “Isla Bryson,” was initially sent to the women’s prison at Cornton Vale last week before being moved to a men’s prison.

On Sunday, Scotland’s Justice Secretary Keith Brown announced an “urgent review” into the management of transgender inmates.

He said that no transgender prisoner with a history of violence against women will be placed in the women’s prison estate until the review is completed.

Public Concern ‘Understandable’

In a statement, Brown said: “I understand that the issue of any trans woman being convicted of violent and sexual offences is a highly emotive subject and that the public concern is understandable.

“As the first minister pointed out last week, we must not allow any suggestion to take root that trans women pose an inherent threat to women.

“Predatory men are the risk to women. However, as with any group in society, a small number of trans women will offend and be sent to prison.

“Therefore, I hope that the measures I am about to highlight will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners.

“We must also never forget that there are victims in these cases. My thoughts remain with them.”

He introduced two rules, the first being that no transgender person already in custody with any history of violence against women will be moved from the male to the female estate.

The second is that no newly convicted or remanded transgender prisoner with a history of violence toward women will be placed in the female estate.

He said the “urgent lessons learned review” into the Bryson/Graham case will be completed by Feb. 3.

The Scottish Prison Service (SPS) confirmed the urgent review has begun and the movement of all transgender prisoners is being paused.

A spokesman said: “Our first concern is always, and remains, the health, safety, and wellbeing of all the people in our care, and that of our staff.

“We have very robust risk assessment processes, and a track record of keeping people safe, in often challenging circumstances.

“We have therefore paused the movement of all transgender individuals, until the review has been completed.”

Conservative Opposition

The Scottish Parliament backed a self-ID process for legally changing gender and passed the Gender Recognition Reform (Scotland) Bill in December, though for the first time ever the UK government is making an order to block the bill in its current form over concerns that the bill has “safety issues for women and children.”

The transgender policy of First Minister Nicola Sturgeon, who leads the Scottish National Party (SNP), has been challenged by the Scottish Conservatives.

Commenting on the Burns/Scott case, Scottish Conservative equalities spokeswoman Rachael Hamilton said: “The fact that such a violent and dangerous criminal is set to be transferred to a women’s prison is absolutely appalling.

“It is clear that Tiffany Scott continues to present a grave risk to the safety of any women that come in contact with them, even trained prison staff.”

She continued: “Nicola Sturgeon has repeatedly tried to reassure the Scottish public that the Scottish Prison Service’s risk assessment would protect women from predatory men, yet the process is clearly not fit for purpose if this dangerous offender has been approved for transfer to a women’s jail. Women’s safety must not take a backseat to the wishes of violent criminals.”

After the Scottish government paused the movement of transgender inmates, Russell Findlay, a Conservative member of the Scottish Parliament, said: “After much dithering and flip-flopping, the SNP government has finally been shamed into doing the right thing.

“Just days ago, the justice secretary tried to pass the buck, saying decisions on trans prisoners were for the Scottish Prison Service. But as public anger escalated, Nicola Sturgeon was forced to intervene by ordering the removal of a double rapist from a women’s prison.

“It should not have taken a second shocking case for them to ban all transfers.”

Owen Evans and PA Media contributed to this report.