HMP Downview: Female Prisoners

Kirsteen Sullivan Excerpts

Monday 24th November 2025 Commons Chamber

[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.

[Kirsteen Sullivan (Bathgate and Linlithgow) (Lab/Co-op)]

Will my hon. Friend give way?

[Alex Davies-Jones]

I will, but only briefly, because I am conscious of the time.

[Kirsteen Sullivan]

I thank my hon. Friend, and I thank the hon. Member for Reigate (Rebecca Paul) for securing the debate. At the beginning of her speech, my hon. Friend said that there were many vulnerable women in prisons, that over half of them had experienced domestic violence, and that many had experienced emotional, physical or sexual abuse. That being the case, does she appreciate that having anyone other than biological females on the female estate risks re-traumatising already vulnerable women?

[Alex Davies-Jones]

My priority is ensuring the safety of all prisoners on our estate. That requires a strict regime and a strict policy. I have met far too many female prisoners who—as my hon. Friend has rightly mentioned—are victims of crime themselves, who have been through the most horrific circumstances, and who have ended up in prison when they should not have been there. They should be in women’s centres, or work should be done in the community to prevent them from reoffending. Prison is not the right place for the vast majority of women, which is why the work of the Women’s Justice Board is so crucial.

I welcome the interest in this issue expressed by all the Members who have spoken, and recognise the importance of ensuring that prisons are operating safely and effectively. We will continue to keep the policy under review to ensure that it continues to be effective. As the Hon. Member for Reigate would expect, we are reviewing all aspects of transgender prisoner policy, following the For Women Scotland Supreme Court ruling handed down earlier this year. We need to ensure that our approach remains lawful, effective and fair. The ruling confirmed that references to “sex” in the Equality Act 2010 relate to biological sex, while making it clear that protections for transgender people remain. That landmark judgment brought much-needed clarity, but the hon. Member will understand that it is imperative for everyone that we get this right.

Following the Supreme Court ruling, the Equality and Human Rights Commission has submitted its draft updated code on single-sex spaces to the Government for approval.

The Government are considering the draft updated code closely, and if a decision is made to approve it, the Minister for Women and Equalities will lay it before Parliament. While I recognise the frustration and the desire to expedite this process, we must bring clarity to service providers. The proposed code of practice is more than 300 pages long, and it is important that the correct process is followed. The hon. Member will appreciate that getting decisions wrong could carry potentially grave consequences, endangering either the safety of biological women or that of transgender women. The Ministry of Justice is working closely with the Office for Equality and Opportunity to understand the implications of the Supreme Court ruling, and we look forward to saying more in due course.

I thank all Members for taking part in the debate, but I particularly thank the hon. Member for Reigate. This is an important subject, and while I realise how emotive it can be, I hope that my setting out the facts and assuring Members of the policy directions that exist—along with the fact that there have been zero sexual or other assaults on any female prisoner by a transgender prisoner since 2019—has made clear the balance that we seek to strike in the way in which we allocate transgender prisoners, and has also helped to add some balance to this debate. I can assure the hon. Member for Reigate that as we continue our review of transgender prisoner policies, our approach will always be to seek to ensure the safety of all prisoners, and that I seek to work with her and anyone else with an interest in this important topic. The Government will provide an update once the review has ended.

Question put and agreed to.