HMP Downview: Female Prisoners

David Smith Excerpts

Monday 24th November 2025 Commons Chamber

[Alex Davies-Jones]

I welcome the intervention by the right hon. Gentleman. He always tries to be helpful in debates, and I welcome that. Some of the prisoners held on E wing at HMP Downview have had full gender reassignment surgery. Some have not. However, full risk assessments are carried out before anyone is placed at HMP Downview. As I have stated, no prisoner has been placed there under this Government, and no exemptions have been made under this Government.

The allocation criteria rightly set a high bar for transgender women to be held in the general women’s estate. However, failing to meet that high bar does not mean that a transgender prisoner can necessarily be managed safely in a men’s prison. For those who are particularly vulnerable, such as those who have undergone full gender affirming surgery, E wing can, where appropriate, provide an important option.

[David Smith (North Northumberland) (Lab)]

The Minister may or may not be aware that prior to coming to this place, I ran a homelessness and support charity for the general population, including young women. It was always possible in that context, even as a charity, to find support and housing for transgender women, as well as to incorporate sex-segregated spaces for women, who had often gone through difficult experiences at the hands of biological males. Does she agree that it should always be possible, however it is done, to create provision in the prison estate for transgender women and for sex-segregated spaces?

[Alex Davies-Jones]

I totally agree with that, and I thank my hon. Friend for his work, both inside and outside this House, to help women in incredibly vulnerable positions. He is correct, and we feel that HMP Downview, with the separate E wing, which is on the estate but not part of the general women’s estate, is the solution. It does work and it is working, as is shown in the data.

There has been no change in the requirement that E wing prisoners must remain under constant supervision at all times, but there has been a change in relation to who provides the supervision. Following that change, a dedicated prison officer now escorts E wing prisoners on and off the wing, and if the risk assessment deems it appropriate, the member of staff running the activities in which they participate must supervise them for the length of the activity. The prison implemented the change on the basis of a stringent local assessment of the risks to prisoners, and no risk concerns have been raised about the regime access of any E wing prisoners since the supervision policy changed. The prison will keep the arrangement under strict review, and we will make an operational decision to revoke that access if it is deemed necessary.

Terminally Ill Adults (End of Life) Bill

David Smith Excerpts

Report stage
Friday 20th June 2025 Commons Chamber

[David Smith (North Northumberland) (Lab)]

On Second Reading in late November, I wanted to express the concerns that I had with the Bill around coercion, commercialisation and the pressure on people who feel that they are a burden. Unfortunately, there was not enough time in that debate, and there is not much time today either.

During that debate, the House was repeatedly reassured by some Members that the Bill was about to undergo a rigorous scrutiny process in Committee. The question on Second Reading that we were most implored to consider was whether we wanted to keep talking about the Bill. Indeed, the right hon. Member for Goole and Pocklington (David Davis), who is not in his place, said it best:

“I say to both the Bill’s sponsors that it has a number of areas that they know I think they have to put right—about a dozen, in truth.”—[Official Report, 29 November 2024; Vol. 757, c. 1053.]

While the time for talking is quickly running out, this Bill remains far from ready. Too many concerns remain partially or wholly unaddressed—these things have not been put right.

Let me highlight three of the issues that I was originally concerned about. First, on the issue of coercion, seven months on from Second Reading, the Bill still does not even define “dishonesty”, “coercion” or “pressure”. Let me say that clearly again—it does not define “coercion”. If we, as legislators, cannot do that, then who will? Further, with the exclusion in the Bill of assisted deaths from the coronial system, a vital opportunity has been missed to include the investigative oversight that would be most likely to spot coercion, even if it was after the fact of assisted dying.

Secondly, the marketisation of assisted dying worries me greatly and I do not believe that it has been properly addressed in the Bill. We already know, from last week’s debate, that there is a loophole in the advertising ban, where future Secretaries of State for Health and Social Care could decide to launch public health information campaigns on television, online or in GP surgeries outlining the options of assisted dying.

Even worse, in my view, is the certain involvement of private commercial interests in assisted dying. When we combine the known costs to the state from the impact assessment and the unknown costs, the limited resources currently available within the NHS and the conscientious objections of large swathes of doctors, which is surely inevitable, we can foresee that assisted dying will be largely privatised. Commercial operators with shareholders and a desire to maximise profit will inevitably be delivering assisted death. In such circumstances, they will find ways to grow their revenue, including through marketing it, however subtly.

Thirdly, on the issue of feeling a burden, on Second Reading my hon. Friend the Member for Cowdenbeath and Kirkcaldy (Melanie Ward) raised the issue of Washington state, where 59% of those going through with an assisted death, in a similar process to the one proposed in the Bill, did so because they feared being a

“Burden on family, friends/caregivers.”

There has been no meaningful response to that argument, in my opinion, from those in favour of the Bill.

I ask colleagues in favour of passing the Bill to consider the following scenario. An older relative knows that assisted death is now possible and that their family is struggling to get by, in difficult economic circumstances. They have a health condition, with a prognosis of five months to live, even though studies show that most such prognoses are wrong about 50% of the time. What will stop our parents or grandparents from deciding to seek assisted dying purely to “do the right thing” by their loved ones?

[Jonathan Davies (Mid Derbyshire) (Lab)]

On that point, will my hon. Friend give way?

[David Smith]

I have nearly finished. For that matter, what will stop relatives anxious to receive their inheritance from subtly pushing the option of assisted death?

To conclude, as legislators the responsibility falls on us, in this place, to create outstanding legislation that provides clarity, certainty and benefits to our constituents and to the country at large, yet all my concerns from the start of the process still remain; indeed, they have only grown. We have repeatedly heard today that there is no alternative to this Bill and that the status quo is the alternative. Well, we have agency in this place—the choice that we are making today is a big change to the status quo, so why can we not do other things? It is not simply a choice between this Bill and nothing else. Therefore, I will be voting against the Bill and encourage colleagues to do the same.