The Scottish Prison Service has confirmed that no biological males remain in women's prisons, following the movement of a small number of transgender prisoners out of the women's estate. The move was prompted by a June 2026 court ruling that prison segregation must be based on biological sex, itself grounded in a Supreme Court decision on the definition of a woman.
SPS deputy chief executive Adam Jobson gave the update while appearing before Holyrood's Equalities Committee. He told MSPs that a small number of trans prisoners had been relocated and that there were now, in his words, “zero biological males within the women's estate”. Jobson said trans prisoners were being treated with respect, and that detailed transfer plans had been put in place. Jobson also noted that the SPS publishes quarterly figures on the number of transgender people in its prisons.
The June ruling by Judge Lady Ross found that the SPS's earlier guidance for housing trans prisoners was unlawful. Justice Secretary Neil Gray had said in the summer that work was under way to comply with the law and move prisoners.
Green MSP Holly Bruce expressed safeguarding concerns about the trans prisoners. She said she worried about “real risks posed to these women” and raised what she called “harmful effects” of new guidance from the Equality and Human Rights Commission (EHRC) on single-sex spaces. Bruce said constituents had told her they were being challenged in bathrooms and leisure facilities.
The committee is examining how organisations are implementing the EHRC code, which says single-sex spaces open to the public should be organised by biological sex and that trans people should use gender-neutral facilities or those matching their biological sex.
Michael Dickson, chief executive of the Scottish Ambulance Service, said the NHS was implementing the code with respect for dignity and rights, but he warned against a “political narrative” that he said was particularly unhelpful and could make the situation more difficult. Kirsty Cumming, chief executive of Community Leisure UK, said there was “no expectation that staff across leisure centres should be policing toilets”, while saying staff needed training to deal with things sensitively.
Committee convener Katie Hagmann cited Stonewall figures indicating that 11% of lesbians in Scotland felt they had been questioned about their sex assigned at birth, a figure that rose to 25% for trans people.
Analysis
Why This Matters
- The move represents the practical implementation of a landmark legal ruling on the definition of sex in equality law, with implications for other public services.
- It has reignited debate over the balance between transgender rights and the safety and privacy concerns of cisgender women in single-sex spaces.
- The committee's examination of the EHRC code may set precedents for how schools, hospitals and leisure centres handle gender identity.
Background
The SPS's action follows a June 2026 ruling by Judge Lady Ross that the prison service's policy of housing transgender prisoners according to gender identity was unlawful. The judge based her decision on a 2025 Supreme Court ruling that, in equality law, a woman is defined by biological sex. In August 2026, the Equality and Human Rights Commission issued a binding code of practice stating that single-sex spaces should be organised by biological sex, and that trans people should use gender-neutral or sex-matched facilities.
Key Perspectives
Scottish Prison Service: says it has fully complied with the law by moving all trans women to men's prisons, treating them with respect, and providing planned transfers.
Green MSP Holly Bruce: says she has "safeguarding concerns" about the placement of trans prisoners and warns that the EHRC code is causing "harmful effects" on gender non-conforming people, with constituents reporting being challenged in public bathrooms.
Michael Dickson, Scottish Ambulance Service: says the NHS is implementing the code properly but cautions against a "political narrative" that exacerbates tensions around what is a legal ruling.
Kirsty Cumming, Community Leisure UK: says staff should not be policing toilets but there should be clear mechanisms for people to raise concerns, alongside proper staff training.
Committee convener Katie Hagmann: notes Stonewall data showing a significant minority of lesbians and trans people face questioning about their sex.
What to Watch
- The equalities committee's final report on the implementation of the EHRC code, expected in the coming months.
- Any legal challenges from trans rights groups arguing the prison policy violates human rights.
- The impact of the code on how other public bodies, particularly in Scotland, manage single-sex spaces.
Checked
12 claims in this story checked against 2 sources: 11 supported.
Show each claim
- SupportedThe headline says all transgender inmates have been moved from women's prisons, according to the SPS.STV News: “Appearing before Holyrood’s Equalities Committee, Adam Jobson, deputy chief executive of the SPS, confirmed that all transgender prisoners had now been moved.”
- SupportedThe deputy chief executive confirmed there are zero biological males in the women's estate following a court ruling on sex segregation.BBC Scotland: “The move was to comply with a judge's ruling in June, that sex segregation in prisons must be based on biological sex rather than gender identity. ... Jobson told the committee there are now "zero biological males within the women's estate".”
- SupportedJobson said, “zero biological males within the women's estate”.STV News: ““I can clarify that in June 2026, following the Lady Ross’s determination, that we did move a small number of prisoners and there are now zero biological males within the women’s estate.””
- SupportedThe June ruling required prison segregation to be based on biological sex and was based on the Supreme Court's definition of a woman in equality law.BBC Scotland: “The move was to comply with a judge's ruling in June, that sex segregation in prisons must be based on biological sex rather than gender identity. Judge Lady Ross said her decision was based on the Supreme Court ruling last year on the definition of a woman in equality law.”
- SupportedThe June ruling found the SPS's earlier guidance for housing transgender prisoners unlawful.STV News: “The judgment found the SPS’s guidance allowing trans prisoners to be held in jails for the opposite sex was unlawful following a Supreme Court ruling on the definition of a woman.”
- SupportedJobson said transgender prisoners were being treated with respect and detailed transfer plans had been put in place.STV News: “Mr Jobson said trans prisoners were “absolutely” being treated with respect and that detailed plans for their transfer to male prison had been put in place.”
- SupportedBruce said she was concerned about “real risks posed to these women”.STV News: “She said: “I do have concerns that there are going to be real risks posed to these women.””
- Partly supportedBruce described the new EHRC guidance as having “harmful effects”.STV News: “Bruce, Green MSP for Glasgow, said the code was having “harmful effects” on “gender non-conforming people, specifically cis women who present more masculinely”.”
- SupportedBruce said constituents had told her they had been challenged while using bathrooms and leisure facilities.STV News: “She said: “I have had constituents write to me about their experiences using bathrooms and leisure facilities, in pubs, in businesses, in many different settings within society, and have been challenged by people within those bathrooms for using those spaces when they have the right to do so.””
- SupportedDickson warned against a “political narrative” that he said was particularly unhelpful and could make the situation more difficult.STV News: “But he warned against a “political narrative” around it that he said was “particularly unhelpful”.”
- SupportedCumming said there was “no expectation that staff across leisure centres should be policing toilets”.STV News: “Kirsty Cumming, chief executive of Community Leisure UK, said there was “no expectation that staff across leisure centres should be policing toilets or policing areas”.”
- SupportedHagmann cited Stonewall figures of 11% for lesbians in Scotland questioned about their sex assigned at birth, rising to 25% for trans people.STV News: “Equalities committee convener Katie Hagmann said figures from Stonewall showed 11% of lesbians in Scotland felt they had been questioned about their sex assigned at birth, a figure which jumped to 25% for trans people.”