Nicola Sturgeon quizzed on proposed legal age to change gender

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Nicola Sturgeon’s transgender laws are now in tatters after she announced a rapist who claimed to identify as a woman would be moved into a male prison. Isla Bryson, who has been convicted of raping two women, had been housed Cornton Vale all-women’s prison in Stirling but following a fierce backlash, has now been moved to the male wing of Saughton jail in Edinburgh. SNP leader Ms Sturgeon announced the U-turn to the Scottish Parliament on Thursday but would not say whether she considered Bryson – who was called Adam Graham when committing the rapes and has not legally changed gender – to be male or female.

Bryson is taking hormones and looking to undergo surgery to finish the gender reassignment, but only began to transition after appearing in court on rape charges.

Ms Sturgeon has been locked in a war of words with the UK Government over her Bill enabling people to self-identify their legal gender by signing a statutory declaration. This would eliminate he need for a medical diagnosis of gender dysphoria.

In an unprecedented move to block the legislation over fears about the impact of the Bill, the UK Government has issued a Section 35 order.

Critics have now furiously rounded on Ms Sturgeon, with Scottish Conservative leader Douglas Ross raging: “It’s incredible that Nicola Sturgeon refuses to be drawn on whether she views this double rapist as male or female.

“According to the SNP’s self-ID policy, this vile criminal is female – because that is how they choose to identify. But the First Minister refuses to admit as much because she knows the public would be appalled at a double rapist being referred to as ‘she’.

“The reality is that Nicola Sturgeon wants to make it easier for brutes like this to legally change gender for their own cynical ends. Yet her refusal to answer this question leaves her self-ID policy in total disarray.”

A UK Government source said the transgender rapist case illustrated the risks posed by Ms Sturgeon’s plans.

They told The Telegraph: “Women’s worst nightmares are playing out before Sturgeon’s eyes. Yet she continues to insist that opening up women’s spaces to male predators who self-identify as women is risk-free. Scotland’s women are not safe under the SNP.”

It has since been revealed the warrant issued by the court after Bryson’s conviction earlier this week said they should be sent to Barlinnie jail – the all-male prison in Glasgow.

However in a controversial move, this was overruled by the Scottish Prison Service (SPS), with prison bosses pointing to guidance from the SNP stating trans criminals should be sent to the prison that matches their self-identified gender that they were living in prior to their conviction.

Ms Sturgeon’s official spokesman has said the Scottish Government were not involved in the initial decision but said the First Minister had stepped in to make clear her opposition to Bryson being housed in an all-female prison.

But Scottish Tory leader Mr Ross warned the case is becoming “increasingly murky” and that the SPS and the Scottish Government “need to be fully transparent on who gave the original order to send this rapist to Cornton Vale instead”.

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He said: “We need to know why the Scottish Prison Service, which is accountable to SNP ministers, chose to overrule the court’s recommendation that this person ought to be sent to Barlinnie.”

Speaking during First Minister’s Questions at Holyrood, Ms Sturgeon said a risk assessment was being carried out by the Scottish Prison Service (SPS), but stressed Bryson would not be housed at Cornton Vale.

She said: “It would not be appropriate for me, in respect of any prisoner, to give details of where they are being incarcerated.

“But given the understandable public and parliamentary concern in this case, I can confirm to Parliament that this prisoner will not be incarcerated at Cornton Vale women’s prison. I hope that provides assurance to the public.”

Ms Sturgeon told reporters outside the chamber she had not given any “formal direction” to the SPS on moving Bryson but it had “arrived at the right decision”.

When asked about her belief people should be able to self-identify their gender, the First Minister replied: “This individual case is not about whether they are trans or not. In this individual case, this is a person who has been convicted of rape.

“So this individual is a rapist and a sex offender, and that is what is important.”

An SPS spokesman said: “Decisions by the SPS as to the most appropriate location to accommodate transgender people are made on an individualised basis, informed by a multi-disciplinary assessment of both risk and need.

“Such decisions seek to protect both the well-being and rights of the individual as well as the welfare and rights of others around them, including staff, in order to achieve an outcome that balances risks and promotes the safety of all, and that is exactly what has happened in this case.”

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