Now SNP government want ban on naming trans prisoners to protect 'privacy' of criminals

Transgender prisoners must not be publicly named to prevent ‘harmful consequences’ to their privacy, the SNP Government has said.

Officials said politicians were putting inmates who have changed gender at risk by discussing their cases in parliament, or in media interviews.

A United Nations report disclosed that Scottish civil servants had voiced concern about the potential threat to the ‘privacy’ of transgender criminals of naming them in public.

The disclosure comes after the row over transgender rapist Isla Bryson, who was initially sent to a women’s prison after being convicted of rape while living as a man.

Last night Scottish Tory deputy justice spokesman Sharon Dowey said: ‘This is another classic example of the SNP pandering to the needs of criminals by pursuing a soft touch approach to justice.

‘The Isla Bryson scandal exposed the dangers of the SNP gender self-ID policy in Scotland’s justice system when a dangerous male-bodied criminal was able to gain access to a women’s prison.

‘The public will be alarmed to learn that predatory criminals could be protected in this manner, especially offenders who have committed rape.

‘SNP ministers should put victims first rather than thinking of what will help criminals.’

United Nations human rights experts have published a series of reports on transgender policies around the world.

One produced following a visit to Scotland in May last year – after the Bryson row – detailed discussions with SNP Government officials.

The report said: ‘With such a small number of trans persons in custody, there was concern about the potentially harmful consequences of those individuals’ identities having been exposed and debated so publicly in the media and in parliament. 

‘Even in cases of individuals who had been convicted but not yet sentenced, a [Scottish Government] official noted that privacy concerns had not stopped politicians from naming some of those individuals, which also resulted in the public airing and sharing of views that were not completely accurate in relation to their cases.

‘Such practices appeared to diverge from existing guidelines and good practices.’

The UN Independent Expert on Sexual Orientation and Gender Identity – Costa Rican lawyer Victor-Madrigal Borloz - visited Scotland on May 2, 2023, to assess the human rights of LGBT people.

In October last year, a transgender butcher was jailed for sexually abusing a schoolgirl after luring her into a car while dressed as a woman.

Andrew Miller, who was known as Amy George when he ran a butcher shop in the Scottish Borders, was sentenced to 20 years in jail for abducting the child and subjecting her to a catalogue of assaults.

Lord Arthurson said the abduction of the child had been ‘brazen and chilling’ and that his victim would ‘obviously’ not have agreed to enter his car had he presented as a male.

Miller took the child home and subjected her to an ordeal described as ‘nauseating in its level of depravity and criminal deviance’ by the judge.

The former butcher was not considered to be sent to a women’s prison owing to rule changes following the Bryson case.

Bryson was initially sent to Scotland’s only women’s prison – Cornton Vale in Stirling - in January 2023 after being convicted of rape while living as a man.

The double rapist was moved to a male prison following public outrage but has continued to identify as a woman.

Bryson attacked two women in Clydebank and Glasgow in 2016 and 2019 while known as Adam Graham.

The judge said Bryson posed a high risk of reoffending and would be supervised for three years after release.

The case sparked a debate over whether Bryson should be housed in a male or a female prison after transitioning from a man to a woman.

Last night a Scottish Prison Service (SPS) spokesman said: ‘We seek to be as open and transparent as possible, while also upholding our statutory obligation to ensure those in our care have their personal information protected.’

A Scottish Government spokesman said: ‘As is known, the Scottish Government and SPS cannot comment on the specific cases of individual prisoners in line with data protection obligations.

‘Since this visit took place, the SPS have published their transgender policy.’