Safety to be prioritised in new policy on transgender prisoners, says Simon Harris
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Justice Minister Simon Harris has said safety will be prioritised in a new policy for the management of transgender prisoners by the Irish Prison Service (IPS).
As of last month, two prisoners who were born male but are now legally recognised as female are being detained in a female prison for sexual offences.
In an interview with the , Mr Harris said he does not want to pre-empt the policy by the IPS but said there are key issues, including prison safety and the basic needs of transgender prisoners such as healthcare, that need to be catered for.
“I don’t want to pre-empt it [policy] because I think it’s important that they look at it in an informed way," said Mr Harris.
“They’ll look at it based on best international evidence and based on absolutely prioritising safety and what works in a prison environment.
"When you receive a custodial sentence, the deprivation of your liberty is the sanction; not in any way, shape, or form the deprivation of basic rights, healthcare, or anything like that.
“The second obviously very key issue here is the safety in prisons too and it’s possible to do both."
Mr Harris said he is due to receive the report shortly.
In response to a number of parliamentary questions by TDs, Mr Harris said Irish prisons are not legally defined as ‘male’ or ‘female’.
He said when a court makes an order committing a person to a prison, the prison service must accept that person into custody in whichever prison is specified by the court.
He said all prisoners committed are accommodated in accordance with their legal gender and having regard to their safety and the safety of the wider prison population.
Prisoners are brought to the reception unit where they provide details as part of the committal interview process and, as part of that assessment, the prison governor will consider the risks posed to the prisoner themselves and any level of risk to other prisoners.
“This risk assessment will determine the regime necessary to ensure the safety of all prisoners and may include the accommodation of the prisoner on a restricted regime under Rule 63 of the Prison Rules.
“The governor may also make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security, and operational issues, protection issues, available accommodation, and the healthcare needs of the prisoner, as well as the safety and security of other prisoners and staff,” said Mr Harris.
It follows a high-profile case in Scotland where a transgender woman was convicted of raping two women in attacks carried out before she changed gender.
Where she should serve her sentence has been the subject of heated debate.
Isla Bryson was initially remanded to a women's prison in Stirling, but has since been moved to a men's jail.
It ultimately led to a review by the Scottish Prison Service and a change in policy which will see all newly convicted or remanded transgender prisoners initially placed in jails according to their birth sex.