SNP Justice Secretary Angela Constance accused of misleading Parliament on trans prisoners debate

Angela Constance was also told of “spine-chilling concerns” there would be a repeat of the Isla Bryson case because of the Scottish Government’s policy that allows trans women to be housed in female prisons.

Ms Constance was questioned on why ministers are continuing to defend the legal action brought forward by For Women Scotland (FWS) on trans prisoners. Before the debate even got underway, Conservative MSP Tess White interjected in proceedings to demand Presiding Officer Alison Johnstone force the justice secretary to speak on the matter.

Ms Johnstone refused, saying it was a matter for Scottish ministers. Ms Constance then went on to say it was “not appropriate” for her to comment on a live court case.

Former Conservative leader Douglas Ross MSP then interjected and said: “Section five of the Contempt of Court Act 1981 does mean ministers are freely able to give substantive answers on this issue.

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“Last week the First Minister told journalists he couldn’t comment because it is a live case and that is not a defence. Ministers are able and are encouraged to comment on this live case.”

During the debate Mr Ross could be heard shouting “that’s not true” when Ms Constance spoke. Mr Ross added: “I believe the minister misled Parliament.”

FWS brought forward the legal action in the Court of Session following their victory over Scottish ministers on the legal definition of a woman in April.

Ms White said: “In April the UK’s highest court ruled that the legal definition of a woman is based on biological sex and yet as the months have passed, this government has ignored the judgement and failed to direct public bodies to adhere to it.

“Instead they have dithered and delayed and seen fit to defend this policy that allows biological male prisoners to be housed in women’s prisons.”

She added: “I am spine-chillingly concerned about a repeat of the Isla Bryson case where under the SNP’s watch, a dangerous male criminal was put in the women’s prison.”

Double-rapist Bryson was later moved to the male estate after a public outcry.

On Wednesday the Good Law Project is due to challenge the Equality and Human Rights Commission’s guidance on single-sex spaces in the High Court. The organisation described the interim guidance as “transphobic, harmful and legally wrong”.

Chief Constable Jo Farrell is also due to be questioned on Wednesday morning on the recording of biological sex for those charged or convicted of rape or attempted rape.

SNP MP Joanna Cherry said of the debate in a post on X: “Scottish Parliament at its appalling worst today as the government again dodge questions on their defiance of the Supreme Court’s judgement in favour of For Women Scotland.

“The government resistance to scrutiny is disgraceful and I don’t know how the more independent minded MSPs can bear it.”

During the debate on Tuesday afternoon, Jamie Greene, who defected from the Conservatives to the Lib Dems earlier this year, said: “I do agree there should be clarity on the trans policy because we know what happens when the prison service gets it wrong, it leads to tragic outcomes.

“I refer to Sarah Jane Riley, a trans prisoner who was endlessly moved and then kept in solitary confinement and took her own life in custody. The fatal accident inquiry stated she was unlawfully segregated despite doing nothing to merit it.”

He added: “All prisoners in custody are human beings and they deserve dignity. There is a state duty of care, whether they are trans or otherwise.”

After the debate, FWS told The Scotsman: “We’ve given up expecting the Scottish Government to deal honestly over the ramifications of the Supreme Court ruling, but even so this was a new low.

“There is nothing preventing the minister from explaining why she is determined to ensure that vulnerable female prisoners remain exposed to what is, in effect, state-sanctioned torture by incarcerating them with dangerous men. Many would argue that the public has a right to know why the human rights of women matter so little.

“Ms Constance patted herself and the government on the back for withdrawing the guidance on public boards yet this, the bare minimum, is the sum total of action since our victory.”