Ep 17: Trans spies, trans singers, trans hospitals, trans prisons

References for Episode 17

1. Ministry of Justice statement:

“Prisoner safety is our biggest concern and any decisions we take will seek to best manage the risks posed by each offender.

“The wider management of transgender offenders is a highly sensitive issue which poses unique and complex challenges and we are determined to get it right.

“That’s why we are reviewing the way we manage all transgender offenders – this work is ongoing and no final decisions have been made.”

Guidance

• In this case, three women with gender recognition certificates will be held together on one separate wing of a female prison – without access to other offenders at the prison.

• This is not part of a wider policy for managing transgender offenders and indeed is not intended to be used more widely – this seeks to manage the unique risks posed in this case by three prisoners who also have gender recognition certificates and are therefore legally women.

• We will continually monitor the situation.

• Use of the accommodation depends on a range of robust assessments, including the safety and potential risk of harm to other women, by a transgender case board, chaired by senior HMPPS staff.

• In normal circumstances, under current policy, transgender prisoners remanded into custody are located according to their legally recognised gender unless there are exceptional circumstances.

• If a prisoner is being relocated to a different part of the estate, a complex board is required. This will consider all known risks, including previous offending, and ensure that risk towards that person is also considered.

2. BBC Freedom of information request: trans prisoners fact check

https://www.bbc.co.uk/news/uk-42221629

3. Department of health and social care statement:

“This isn’t an official review and will simply involve our Secretary of State reviewing the existing policy with NHS England and the Government Equalities Office.

· Trans people should be accommodated according to their presentation: the way they dress, and the name and pronouns that they currently use;

· This may not always accord with the physical sex appearance of the chest or genitalia;

· It does not depend upon their having a gender recognition certificate (GRC) or legal name change;

· It applies to toilet and bathing facilities (except, for instance, that pre-operative trans people should not share open shower facilities);

· Views of family members may not accord with the trans person’s wishes, in which case, the trans person’s view takes priority.

As independent inspections consistently show, NHS hospitals provide an efficient, safe and caring therapeutic environment for all patients, including the very many of them who present with complex medical, physical and social needs.

· The NHS, like all public services, prides itself on providing an excellent service to patients and the public, and meeting their needs in line with their protected characteristics as required in legislation and as reflected in clinical good practice guidelines.

· The guidance to the NHS makes it clear that transgender patients are entitled to the same patient-centred and respectful care that all patients can expect.

· This includes accommodating them according to their presentation.

· But this need must be balanced against other considerations such as patient safety, the availability of staff and the location of facilities within a particular environment at a given time.

· Ward level staff in hospitals are best placed to make these decisions, in line with the guidance, and to identify the appropriate situation-specific solution.

The minister was responding to the journalist’s points on the specific issue and rare case of a trans female patient sexually harassing other female patients on a same-sex ward.”

4. Pro trans feminism open letter

https://www.thenational.scot/news/17472564.they-do-not-speak-for-us-feminists-hit-back-at-trans-exclusionary-activists-in-open-letter/