Case review on management of transgender prisoner: Women were not at risk from harm

An urgent case review into the management of a transgender person in custody has found that at no point were any women in the care of the prison service at risk of harm.

The Scottish Prison Service (SPS) review also confirmed the person did not come into contact with any other prisoners during their time at HMP&YOI Cornton Vale and that SPS policy was followed during each decision making process and risk assessment.

The review makes four key recommendations into the management of transgender individuals:

  • the creation of a shared justice process for admitting transgender people to prisons in Scotland – to help improve decision making at admission and subsequent case conferences
  • better communication between justice partners to ensure a clearer approach to the transfer of transgender people from court to custody
  • for the wider SPS Gender Identity and Gender Reassignment (GIGR) Policy Review to consider improvements to ‘admission’ and ‘placement and management’ and for SPS to consider the weight of a person’s previous offending history to be considered as part of the case conference process
  • to strengthen the balance around the risk of harm with an individualised approach as part of the admissions process to prison, allowing for someone to be located in secure isolation for the sole purpose of a risk assessment based on known and unknown risks

In addition to the recommendations, SPS is also undertaking a full multi-disciplinary case review for each transgender person in custody. The Service is also continuing to progress, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners as part of its GIGR Policy Review.

Until these reviews are complete any transgender person in custody who has a history of violence against women – including sexual offences will not be relocated from the male to female estate. Additionally,  any newly convicted or remanded transgender prisoner will initially be placed in an establishment commensurate with their birth gender.

Justice Secretary Keith Brown welcomed the findings in a letter to the Scottish Parliament’s Criminal Justice Committee.

The Justice Secretary said: “Firstly, I want to acknowledge my concern for victims of crime and the distress caused to them.  It is important that consideration of issues relating to the management of prisoners is measured and does not retraumatise victims or risk unintended consequences for transgender people or individuals in the care of SPS.

“All recommendations from the review have been accepted by Ms Medhurst as Chief Executive and will be progressed by SPS in collaboration with others as needed. As confirmed in the letter, SPS will factor the learning identified from this review into its Gender Identity and Gender Reassignment (GIGR) Policy Review, which is ongoing.

“Pending the outcome of the GIGR Policy Review, measures to provide reassurance as set out in Ms Medhurst’s letter will remain in place.

“I would like to acknowledge the work SPS has done in continuing to fulfil its operational responsibilities while completing the lessons learned review. SPS has considerable expertise in managing complex, high-profile and challenging individuals within their care and keeping people safe; and I commend their professionalism.”

In her letter, the SPS Chief Executive Teresa Medhurst reiterated that the SPS remained firmly committed to providing person-centred care to their entire population, including managing and identifying risks, which are not exclusive to transgender people in their care.

She added: “Staff in our establishments have demonstrated their long-standing expertise and strong track record in the management and care of an increasingly complex prison population.

“My priority remains the health, safety, and wellbeing of all people in our care, many of whom are the most marginalised in our society, and that of staff.”

Scottish Government commissions urgent review into environmental impact of single-use vapes

Evidence review will inform action

An urgent review of the environmental impacts and management of single-use vapes has been commissioned.

The review, which comes in response to emerging concerns around the negative consequences of the disposable devices, will inform potential policy responses, which could include a ban of the products.

The disposable smoking devices have been linked to issues including litter, plastic waste and fire risk.

Zero Waste Scotland will lead on the review, which will consider international experience and action, including any key developments in the European Union.

Other approaches could include increasing access to responsible disposal options, improved product design or public communications campaigns.

Circular Economy Minister Lorna Slater said: “Not only are single-use vapes bad for public health, they are also bad for the environment. From litter on our streets, to the risk of fires in waste facilities, there are issues which need to be addressed urgently.

“We will consider the evidence and expert advice and come forward with policy options, which could include a potential ban on single-use vapes.

“In the meantime, we would urge everyone who uses these products to make sure they are disposed of properly.”

Iain Gulland, Chief Executive of Zero Waste Scotland, said: “Any form of littering is an unacceptable, anti-social behaviour, that is damaging to the environment and the economy.

“Single-use items, like disposable vapes, are becoming an all-too-common eyesore in areas where we live, work, and socialise, and can last in our environment for years and years. Tackling our throwaway culture is a priority here at Zero Waste Scotland and we are happy to lead on this important review.”

Correct disposal of e-cigarettes and vapes:

  • E-cigarettes or vapes should not be thrown away in general waste in order to avoid the risk of fire.
  • E-cigarettes or vapes should be disposed of at small waste electrical and electronic equipment receptacles widely available at household waste recycling centres.
  • If the batteries inside vapes are easily removable, these should be removed and disposed of in battery recycling receptacles.

The Scottish Government is working on a refreshed Tobacco Action Plan, which will be published this Autumn. This will consider a range of interventions with an emphasis on reducing smoking and vaping among children and young people.

Environment and health campaigners have welcomed the Scottish Government’s announcement today to review single-use disposable e-cigarettes and their impacts on the environment.

Sheila Duffy, Chief Executive of health charity, ASH Scotland, said: “We welcome the Scottish Government taking rapid action to explore and address the environmental harms of single-use vaping products. The easy availability of disposable e-cigarettes, which are being marketed with bright colours and sweet flavours, is driving a huge rise in children experimenting.

“Nicotine is highly addictive and many disposable vapes include toxic chemicals that have not been safety tested for inhalation and could seriously damage health over time – this is especially worrying for children and young people as their lungs are still growing.”

Climate activist, Laura Young, commented:  “This review, and consideration of a ban cannot come quickly enough as we look to remove these harmful devices from our market. These have no place in a country moving towards Net Zero and a Circular Economy.

“Months of litter picking from streets, parks, and beaches, alongside campaigning efforts speaking to a variety of public health and environmental organisations has pushed this into the focus of the Scottish Government where we hope to see swift action to address the unintended consequences from these products.”

Catherine Gemmell, Scotland Conservation Officer for the Marine Conservation Society, said: “We’re delighted to hear that the Scottish Government is planning a review into a potential ban on disposable vapes after the matter was raised by Gillian Mackay MSP in Holyrood yesterday.

“Thanks to the brilliant work of our Youth Ocean Network member Laura young, known as Less Waste Laura, or the ‘Vape Crusader’, our concerns of the impact of disposable vapes on our ocean are being heard.

“To stop single-use items polluting Scotland’s seas we need to move towards a circular economy where products are repaired, refilled, recharged and reused. We support the call for a ban on disposable vapes, as well as clearer labelling on packaging for how to recycle reusable vapes with a free and easy take back scheme available in every outlet that sells them.”

Barry Fisher, CEO of Keep Scotland Beautiful, added: “We are currently experiencing a litter emergency that is impacting communities across Scotland.  Cigarette litter in general makes up the biggest chunk of litter we record across Scotland, and we know that single-use vapes are increasing as a new, unnecessary litter type. 

“We are thrilled to hear that Circular Economy Minister, Lorna Slater, has announced a review into their environmental impact.  We will continue to urge the UK and Scottish Governments to work together to ensure action is taken, up to and including a ban on single use vapes to stop this new litter type at source.”