Angela Constance accused of ‘misleading’ MSPs after questions on trans prisoners

The justice secretary has been accused of misleading Holyrood after she refused to answer questions on an ongoing court case over a policy which allows transgender offenders to be placed in women’s jails.

Tory MSP Tess White said she feared that would lead to another case where a “dangerous male criminal” is sent to a women’s prison.

White, the Scottish Conservative equalities spokesperson, said she was “spine-chillingly concerned” about a repeat of the case of Isla Bryson, a trans woman who was initially sent to a women-only prison, despite having been convicted of raping two women.

Bryson, who was born Adam Graham, was later transferred to the male prison estate after a public outcry.

Angela Constance stressed that “every woman has the right not only to feel safe but to be safe”.

But when pressed over why the Scottish Government was defending its prison policy after a challenge was brought against this by campaigners at For Women Scotland, the justice secretary refused to comment.

First Minister John Swinney had refused to comment on the court case last week, when asked by journalists at the Scottish Parliament.

On Tuesday Constance took the same approach, telling MSPs: “As this question relates directly to live court proceedings it is not appropriate for me or any member of the Scottish Government to comment.”

However as she said this, former Conservative leader Douglas Ross shouted: “That’s not true.”

The Tory MSP went on to state that contempt of court legislation “clearly allows the cabinet secretary to give full answers in the chamber today”.

Conservative MSP Douglas Ross insisted ministers are ‘freely able to give substantive answers on this issue’. PA Media

Ross said that contempt of court laws still left ministers “freely able to give full substantive answers on this issue”.

Presiding officer Alison Johnstone said it was a matter for the Scottish Government, as a party in the court case, to “consider the level of detail they wish to go into”.

Constance meanwhile told MSPs she felt they were “ultimately asking me to lay out our position that will be advanced before the court”, adding that “that is what I cannot do”.

The justice secretary insisted: “The Scottish Government does not regard it as appropriate to engage in public comment in respect of live court proceedings.”

For Women Scotland is taking legal action against the Scottish Government again, with the campaign group having previously taken ministers to the Supreme Court earlier this year, resulting in judges ruling that the terms “woman” and “sex” in the 2010 Equality Act refer to biological sex.

White said that over six months on from that ruling, SNP ministers had “shamefully stalled for time” while “biological men remain in women’s prisons”.

The Conservative declared: “This dithering doesn’t only send the wrong message, it places vulnerable female prisoners at risk.

“The SNP are wasting taxpayers’ money to defend their belief that men should be in women’s prisons – and yet the minister cynically tried to play the contempt of court card to avoid answering questions on it.”