Long insists current policy on trans women prisoners strikes ‘correct balance’

The existing policy for housing trans women prisoners in custody in Northern Ireland strikes the “correct balance”, Stormont’s Justice minister has insisted.

Naomi Long made the comments as she declined calls from DUP MLAs to commit to not holding trans women in female prison accommodation in the region following the landmark Supreme Court ruling on biological sex.

During heated exchanges in the Northern Ireland Assembly, Ms Long stressed that the Supreme Court ruling related to the interpretation of the 2010 Equality Act – legislation that did not apply in Northern Ireland.

The minister told MLAs that her department was awaiting guidance from the Northern Ireland Equality Commission on what implications the ruling would have on Stormont departments.

The Supreme Court found that that the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.

During Assembly question time, DUP MLA Brian Kingston said it was important for the minister to provide clarity on how trans women prisoners would be accommodated in the future.

“It is important for the public and it’s relevant for them to seek clarity on this matter,” he said.

“And this is not to dismiss the needs of trans people and seeing what is appropriate for them, but does the minister also recognise her responsibility to respect and protect single sex spaces and particularly for women.

“Therefore, will she not commit, in light of the Supreme Court ruling, that biological males should not be accommodated in designated female only prison accommodation. That’s what the public want to hear.”

Ms Long replied: “It may be what the public want to hear, but my duty is not to be a people pleaser. My duty is to uphold the best policies and guidance to ensure the safety and dignity of everyone committed to our care in the prisons.

“And I will be informed by the Equality Commission when they have had an opportunity to reflect on that judgment. To be clear, this is an issue that has caused moral panic. I have a moral duty to ensure that women are safe.”

The minister defended the current policy which she insisted was based on risk assessment, not on self-identification by prisoners.

She said: “The judgment also says that you cannot deny trans people rights of access to basic facilities on the basis that they cannot use the male or the female facilities that are available.

“The judgment and the Supreme Court were quite clear – this should not, unfortunately, as some are doing, be a triumphalist moment, because people who are trans still have protection under the law, as they should.

“When it comes to how we house trans prisoners, it has never been based on self-ID. It has been based on risk assessment. If someone comes to us and they identify as trans, we do a risk assessment to ensure that how and where that prisoner is housed is safe for them and safe for other prisoners and safe for prison officers.

“And if, when we receive advice and guidance about the intersection of this judgment with our local equality laws and duties under Section 75 (of the Northern Ireland Act 1998) then we will review that in light of that.

“But I am convinced, given that there have been no serious incidents or challenges that we have struck the correct balance to maintain the privacy, the dignity and utmost the safety of all our prisoners in our custody.”

Earlier, fellow DUP MLA Jonathan Buckley asked whether trans women in the police would be stopped from carrying out strip searches on females.

Ms Long encouraged the Upper Bann representative to read the Supreme Court judgment.

“The Equality Act 2010 does not apply in Northern Ireland,” she said.

“Like every other department, I await advice and guidance from the Human Rights Commission as to how the judgment of the Supreme Court may impact on processes, guidance and procedures in my department, as with every other department.

“But, to be clear, that operational guidance that he speaks about will be a matter for the police chief constable (Jon Boutcher), as it is operational, and for the Policing Board, on which his party has members.”

Ms Long also told Mr Buckley that he was not allowed to ask her to offer a personal opinion under the standing orders of the Assembly.