Emily Darlington
Main Page: Emily Darlington (Labour - Milton Keynes Central)Department Debates - View all Emily Darlington's debates with the Ministry of Justice
(1 day, 5 hours ago)
Commons Chamber
Rebecca Paul
I thank the hon. Lady for making that point. This is the reality of the data; we must not ignore what the data tells us. I did warn that it makes for an uncomfortable truth, but I can verify all of it and provide hon. Members with the data—I would not come to the House and give hon. Members incorrect data. Accordingly, we can conclude that the male transgender prison population poses a much higher risk to women and girls.
When people parrot the line that transwomen are not a threat to women, in the case of the prison population, I am afraid that that statement does not hold up. Zoe Watts, a biological male who identifies as a women, was jailed for eight years and six months after trying to use a 3D printer to make a gun that had the capacity to cause mass casualties. He was arrested by armed officers and a stockpile of weapons and materials was found at his home. There was a disturbing video on social media of him smashing a watermelon with women’s faces on it using a glass shard-encrusted baseball bat. He was put in HMP Downview.
Joanna Rowland-Stuart, a biological male who identifies as a woman, who stabbed his partner to death with a samurai sword, was put in HMP Downview too. John Dixon, now known as Sally, is a paedophile who was found guilty of 30 sexual assault charges involving seven children, some as young as six years old. He may have been held in HMP Downview too.
There are also more well known transwomen prisoners who have hit the headlines, such as Isla Bryson and Karen White, both incarcerated with women. Isla Bryson, from Scotland, was jailed for raping two women, but only after being charged did he come out as transgender. This dangerous rapist was remanded in a women’s prison. Holyrood, it seems, is even worse than Westminster for drinking the gender Kool-Aid. The case of Karen White is even more appalling. A transwoman convicted of rape and a knife attack, he was remanded in HMP New Hall, a women’s and young offenders’ prison, where he sexually assaulted two inmates. Thankfully, this dangerous predator is no longer in the women’s prison estate.
I hope hon. Members understand why I have grave concerns about such violent males continuing to be incarcerated with women. Not only is it against the law, the Supreme Court clarified back in April that single-sex provision must be based on biological sex alone, not anything else, but it is irresponsible and dangerous. Women prisoners deserve better than this. They should feel and be safe.
I now want to get into a bit more detail about E Wing within HMP Downview. Ministers have said many times in response to written questions that E Wing is not part of the general women’s estate, which is an odd statement for them to make. E Wing is a wing within HMP Downview, and HMP Downview is a women’s prison, ergo E Wing is part of the women’s prison estate. I have visited it and seen it with my own eyes.
Why might Ministers be at pains to say that it is not part of the general women’s estate? I believe they are using a play on words to obscure the fact that the single-sex provisions of the Equality Act are being breached. The current policy for managing transgender prisoners, introduced by the former right hon. Member for Esher and Walton when he was Justice Secretary, prohibits male prisoners who retain their birth genitalia or have any history of sexual or violent offences from being held in the general women’s estate, unless an exemption is granted by a Minister. So this ministerial characterisation that E wing is not part of the general women’s estate appears to be a tenuous effort to argue that they have complied with the policy and the Equality Act after all.
E Wing is physically located within a women’s prison. It is subject to the same policies and procedures as the rest of HMP Downview. It has the same Governor. Its funding comes out of the same pots. Its inmates are supported by the same health services. It beggars belief that Ministers think that we will believe that this wing is not part of the women’s estate.
Putting to one side this blatant breach of the Equality Act for now, let us consider whether the males held in E Wing are truly segregated from the rest of the female prison population. Again, Ministers keep saying that they are, but E Wing is like any other wing.
Emily Darlington (Milton Keynes Central) (Lab)
On that point, will the hon. Member give way?
Rebecca Paul
I will not. E wing has sleeping quarters and bathrooms, along with some living room space. Everything else that these prisoners need, like work, education and health services, are only available in the main estate. They therefore spend their days mixing with the women. So what supervision arrangements are in place to protect the women from these dangerous males?
My hon. Friend, the Chair of the Women and Equalities Committee, is absolutely right. That is why, as I have outlined, this Government are committed to the work of the Women’s Justice Board, which is looking at how we can get women who should not necessarily be in prison out of prison, particularly mothers. That is not the right place for them. That is exactly what the Women’s Justice Board—led by my hon. Friend in the other place, the Minister for Prisons—is working on with the Lord Chancellor.
However, this evening’s debate is complex because, as we have heard, transgender women can have similar vulnerabilities. That does not necessarily mean that they need to be granted access to the space for biological women, but these matters require thought and tact if they are to be resolved in a fair and balanced way. His Majesty’s Prison and Probation Service’s approach to allocating transgender women to prison has been through several iterations over the past decade. It balances the risk that transgender prisoners may pose to others if placed in a prison that aligns with their gender identity with the risk posed to and by them if they are placed in a prison that aligns with their biological sex.
Emily Darlington
Does the Minister think it is really important to understand the context? We have just talked about how many women are in prison because of the abuse that they have suffered, but many trans women are also put in those vulnerable positions, and they are even more likely than cis women to be victims of crime. Does the Minister agree that it would be useful for us to use the facts? Could she explain exactly what the position is at HMP Downview? Having some clarity on that, rather than just reiterating rumours that are being written about in newspapers, is probably a better way to deal with quite a sensitive issue, given that people can be both perpetrators of crime and victims of it.
My hon. Friend is right, and I hope to put on record some clarity and facts this evening, rather than just fuelling misinformation.
The current policy, which was brought in by the previous Government, is that no transgender woman charged with, or convicted of, either a sexual or a violent offence or who retains birth genitalia can be held in the general women’s estate, unless an exception is granted by a Minister. I would like to state this evening that no such exemptions have been granted under this Government.