Swinney challenges Supreme Court gender ruling on prisons

The Scottish Government has asked a court to rule that last year’s Supreme Court decision breaches the human rights of trans prisoners, and critics including an SNP MSP and opposition figures say the move risks the safety and privacy of women in custody.

The Scottish Government, led by First Minister John Swinney, has asked a judge to rule that last year’s Supreme Court decision breaches the human rights of trans prisoners. The Supreme Court had ruled that biological sex determines rights under the UK Equality Act, which affected access to women-only spaces. Ministers say they are assessing complex legal issues, including Convention rights, and are defending a 2024 prisons policy that allows some trans-identifying people to be housed in women's prisons. Several politicians and campaign groups have publicly criticised the government’s approach and said they were not informed of the request in advance. Key points: - The Scottish Government has asked a court to consider whether the Supreme Court decision is incompatible with the human rights of trans prisoners. - Last year’s Supreme Court ruling held that biological sex determines rights under the Equality Act, affecting access to women-only spaces. - For Women Scotland launched a judicial review challenging the prisons policy in September, and the Scottish Government is defending that legal action. - Ministers have asked a judge to dismiss the judicial review or, failing that, to issue a declaration of incompatibility; the UK Government was notified of the request on 27 November. Summary: The dispute has produced parallel legal actions: a judicial review brought by campaigners and a request from ministers for a declaration of incompatibility in relation to prisons policy, which ministers say raises European Convention on Human Rights issues. Undetermined at this time.