Prison staff’s concerns over trans officer searching female visitors

Prison officers say they are “deeply concerned” over a decision to allow a trans officer to search women visiting a Scottish jail.

Officers warn “this is causing huge distress to women visitors who are already extremely ­vulnerable”, with campaigners adding that they believe the move to be illegal.

It is the latest row in an increasingly bitter cultural divide brewing in Scotland over gender self-identification rules.

Last year, First Minister John Swinney formally abandoned Nicola Sturgeon’s self-ID gender plans, saying they cannot be implemented.

Despite this, many organisations admit that they allow staff to self-identify and change their gender on their records without the need of a gender recognition certificate.

Campaigners on the issue are quick to point out that this is not about individuals but to do with flawed guidance by government and organisations on an extremely sensitive topic.

A whistleblowing prison officer raised concerns over the roles carried out by the trans officer, who we are not naming. Nor are we disclosing the prison they work at to protect their privacy.

The officer said: “It is bad enough that this trans officer is searching staff, but they are also searching vulnerable women visitors who feel they have no choice in the matter for fear of facing sanctions.

“We know through our years of experience that some of these women will have suffered sexual assault and violence in their past. Being searched by a trans officer will be triggering and upsetting.

“This simply should not be happening, but it is yet another example of gender identity being put before the law and common sense.

“There are supposed to be rules in place which prevent this happening. Male officers shouldn’t search women.

“But as this officer insists they are female, they are going ahead and searching women visiting the prison.

“The searches can be rigorous because we are looking for drugs and contraband. The situation is causing a great deal of distress.”

The Scottish Prison Service (SPS) has repeatedly been under the spotlight over their handling of gender issues, previously allowing male rapists, killers and abusers who identify as women to be placed in women’s jails.

Double rapist Adam Graham, 35, who is now known as Isla Bryson, was initially sent to Cornton Vale women’s prison in Stirling before being transferred to a men’s jail.

© Andrew Milligan/PA Wire

Despite the huge public backlash, the SPS defended its move, describing Bryson’s placement as an “operational matter”.

Former Cornton Vale prison governor Rhona Hotchkiss claims the decision by the SPS may be illegal.

She said: “Allowing a male – with or without a Gender Recognition Certificate – to search female visitors in a way that involves physical contact, such as a rub down search including clothing, would be in direct contravention of the rules set down in law which govern the operation of the Scottish Prison Service.

“In addition, prison officers can only perform rub down searches with the permission of the visitor. I doubt very much that the fact of the searching officer’s maleness will be being made explicit to any visitor, far less that the visitor feels able to refuse to be searched by them.

“It needs to be understood that most people visiting a prison feel nervous, intimidated and completely unaware of what is and isn’t allowed. Allowing male officers to search female visitors is, in my opinion, exploitative and abusive.”

Carolyn Brown, of the Women’s Rights Network Scotland, said: “What is happening here is illegal. As a ­psychologist, I know these search practises will retraumatise ­particularly vulnerable women who will feel powerless to do anything to stop it or complain.

“This is a particularly vile example of how the Equality Act is continually being breached under the guise of gender, and one of the worst we have ever encountered. It’s deplorable.”

Dr Lucy Hunter Blackburn, of independent policy analysis collective Murray Blackburn Mackenzie, said: “It’s shocking that prison service managers expect any woman to be searched by a male officer, ­however that officer identifies.

“We have previously raised the same issue in relation to Police Scotland, and the British Transport Police is currently subject to legal action in England over the same policy, as a violation of women’s fundamental human rights.

“The SPS should recognise immediately that subjecting women to searches by any male member of staff is wholly unacceptable.”

Scottish Conservative shadow equalities minister Tess White said: “This outrageous story is proof that the SNP’s reckless self-ID policy has infiltrated Scotland’s public bodies and institutions.

“A biological male should never be allowed to search staff and vulnerable female prisoners. So-called inclusion cannot come at the expense of women’s safety.

“SNP ministers must urgently intervene and demand to know why the Scottish Prison Service allowed this to happen and ­recognise the damage their gender reforms are doing to our public services.”

Prison rules say that any search must be carried out by an officer of the same gender as the person being searched, with a second officer of the same ­gender present.

The SPS said it does not comment on individual members of staff, but that a duty manager is available in every establishment for visitors to speak to about any concerns or issues. It said: “We have processes in place to ensure the rights and wellbeing of all staff are protected, in accordance with equality legislation.”