Transgender Prisoners

Debate between Jim Shannon and Cat Smith

Tuesday 15th December 2015 Commons Chamber

[Cat Smith]

All prisoners should be safe on the prison estate. As a state, we have a responsibility to keep all prisoners safe.

[Jim Shannon (Strangford) (DUP)]

I asked beforehand whether the hon. Lady would give way. Today in Northern Ireland it has been announced that a prisoner is alleging sexual abuse in Maghaberry prison. This is a devolved matter, I understand. He is taking action against the Prison Service. Does the hon. Lady feel that, while the Minister will answer for England, there is a need for legislation for human rights in prison for all prisoners across the whole of the United Kingdom of Great Britain and Northern Ireland?

[Cat Smith]

I believe it is clear that the whole of the UK has a responsibility to safeguard trans people in all walks of life and that no part of the UK has got this issue absolutely correct.

As I mentioned earlier, the guidelines state that the social gender in which the prisoner is living should be fully respected, regardless of whether they have a GRC. I would be interested to know whether the review will be comparing the experience of trans prisoners in Scotland with those of trans prisoners in the England and Wales model.

Evidence presented to the Women and Equalities Committee suggested that there are problems with the way trans people are treated when they appear in court—well before they enter custody, therefore—with discriminatory behaviour such as misnaming and mis-gendering. The Gender Identity Research and Education Society stated in evidence to the Committee:

“Trans people are frequently ‘outed’ in court situations to create, deliberately, a negative view of them, whether their trans history is relevant or not. The Gender Recognition Act s22(4)(e) has been misused to achieve this.”

It also appears that a lack of understanding of trans experiences can lead to assumption, bias, potential breaches of confidentiality and other issues in the process of writing pre-sentence reports, which is undertaken by members of the national probation service.

In response to my taking up of this issue in the House on several previous occasions, I have received contact from prisoners, both trans and cisgendered. I want to share with the House some of the accounts I have heard.

From my contact with a trans woman prisoner currently held in a men’s prison, I was alarmed to learn that as well as feeling insecure and being a victim of rape and sexual assault, she is being denied the ability to continue the healthcare and medical appointments that she is having as part of her transition. Prior to entering custody, she had privately arranged final stages of reconstruction surgery to further progress her transition, and the National Offender Management Service is refusing to allow her access to this surgery and to the hormonal medication she has been taking to assist the process.

It is difficult to express how difficult that is making her life, so I will quote from her letter to me:

“The Governor’s blocked all my medical letters to my surgeons, the prison have no right to strip me of my care/hormone treatment. This is killing me as I am now in reversal.”

For any Members who are unclear, reversing is someone transitioning from male to female potentially growing a beard, for instance, while living as a woman, which would be distressing for any prisoner, I suspect.

She is a very vulnerable prisoner, with recorded serious attempts of self-harm, and attempts at suicide. She began the transition process in 2008, and formalised her intention to remain living as a woman for the remainder of her lifetime in 2012, via the making of a “statutory declaration” under the Gender Recognition Act 2004. Yet she tells me:

“There is no knowledge of how suicidal I am because they don’t care what impact”

their

“choices have on me physically and psychologically. I’m totally destroyed, not the woman I was. I feel I will kill myself soon. I cannot do this now. Please will you help me?”

She has told me that during her time in custody in a male prison she was raped twice and sexually assaulted. She told me:

“I cannot take no more—I’m a woman in a male prison. This is not right.”

Despite being successful on 29 October at county court in obtaining a judgment in her favour that the Ministry of Justice has responsibility for providing access to private medication and treatment outside of prison, and that that is a decision for the prison governor following a multidisciplinary meeting, this is yet to be facilitated, even though she contacted his office on 10 December 2015. While she continues to be denied the right to surgery and to be moved to a female prison establishment, she remains extremely vulnerable and at a very high risk of harm. Examples of her self-harm have included injecting bleach into her testicles and attempting self-surgery to remove her scrotum.

I will now make my last quote from this prisoner’s letter to me:

“I hope you can help me and get me out of this hell of a prison that’s not fit for transgender people or cares for them.”

I can reassure the House that her constituency MP is taking her case very seriously and doing her best to assist this prisoner.

Interestingly, NOMS has agreed that when she is released from custody, it will support her continuing supervision in the community in a female “approved premises”. There is no consistency in this case, and her story seems typical of that of many trans prisoners. Journalist and LGBT campaigner Jane Fae told the BBC:

“My serious concern is this is blowing the lid off something that is going on—that for a very long time trans prisoners have not been treated well within the system, that the rules that exist are being overridden... And this is leading to a massive, massive amount of depression and potentially, in some cases, suicidal feelings.”