Question to the Ministry of Justice:

To ask Her Majesty's Government whether female prisoners can be searched by transgender prison staff (1) with, and (2) without, a Gender Recognition Certificate.

In accordance with the Gender Recognition Act 2004, transgender people may apply for a Gender Recognition Certificate. Prisoners and staff members in receipt of a GRC have the legal right to be treated as their acquired gender in every respect.

The national policy on the searching of prisoners, staff and visitors (PSI 07/2016 – Searching of the Person) is currently under review and it is intended to publish a revised version later this year.

The updated policy will include direction on transgender staff conducting searches. This policy will encompass staff with or without a Gender Recognition Certificate.

In reviewing the policy, Her Majesty’s Prison and Probation Service (HMPPS) has consulted with the Government’s Legal Department and HMPPS Equalities Team. The new policy will be compliant with the Equality Act 2010, the Gender Recognition Act 2004 and the European Convention of Human Rights.