Scottish Labour would ban trans women from women’s prisons

"A Scottish Labour government would act swiftly" [Image: Unsplash]

Anas Sarwar said: “It is simply not right that men who have committed sexual or violent crimes against women can be housed in women’s prisons. That undermines safety, dignity and trust. A Scottish Labour government would act swiftly.”

This statement comes before a three-day hearing which began on 3 February 2026.

For Women Scotland have brought another case to the Scottish Government after their prison guidelines allow “at least some male prisoners” to serve their sentence in a women’s prison. The gender-critical group have called for a blanket ban.

For Women Scotland are known for bringing the original case to the Supreme Court to define sex in the Equality Act 2010 which has caused a lot of controversy within organisations.

Emma Crossen, 30, Student said: “I think it’s absolutely disgusting. I don’t think they’re considering their [trans women’s] safety because if you put a trans woman in a men’s prison, that will make them a target for assaults, sexual assaults and violence.

“They don’t know what they’re talking about, it's fuelled by hatred and ignorance, they have no right to speak on people's rights.”

"I think you're questions are quite cynical" [Image: Getty Images]

During the Channel 4 News interview, journalist Kathryn Samson claimed that it may be “cynical opportunism” that the statement was made.

Sarwar said: “To be honest, I think you’re questions are quite cynical.” (she must’ve stuck a nerve there)

“I am not talking about rowing back on basic principles that we have accepted in our country,” he continued. “But I think we have to be really careful here, are we saying that we are going to sacrifice the hard-fought rights of women?”

The current policy in Scotland is on a case-by-case basis. The Scottish Prison Service (SPS) uses a guided individual risk assessment to determine where transgender prisoners should be housed. As of June 2025, 80% of the 19 transgender inmates were housed in facilities relating to their biological sex.

Alily Collingham, student said: “I think it’s a representation of men having a view on women and having decisions on us without consulting us.

It’s up to the individual, I don’t understand why we can’t have mixed prisons depending on the severity of the crime.”

This brings up the continued issue of government bodies making choices about communities without properly consulting with those in the communities.

Article eight of the European Convention on Human Rights states the right to private and family life, which the Scottish government are arguing would violate that human right for transgender people.

Adam Ali, Student said: “The current political climate, I think it could be opportunism and that is disgraceful, you shouldn’t be praying on people’s downfall to win votes.

“To make a claim and not knowing the information shows that he doesn’t care about people’s rights as humans or minority groups. He should do the research himself before making claims about people, about humans.”