Scotland gender row: Scottish Prison Service concludes Isla Bryson posed 'no risk to women' in women's jail

All newly convicted or remanded trans prisoners will be initially kept in jails that match their gender at birth, it was confirmed, as recommendations from an urgent review into the case of double rapist Isla Bryson were published.

The policy was confirmed as an urgent review into the scandal concluded Bryson’s admission to a women’s jail did not put any women “at risk of harm”.

However, the review was not published in its entirety due to personal data privacy concerns, with critics branding it a “whitewash”. The decision came despite commitments from Nicola Sturgeon at First Minister’s Questions there would be transparency around the report.

Bryson, formerly Adam Graham, was placed in HMP Cornton Vale, Scotland’s only women’s jail, following a conviction for double rape.

First Minister Nicola Sturgeon. Picture: Jane Barlow-Pool/Getty Images

This decision sparked a political outcry, forcing an intervention from the Scottish Government, resulting in the Scottish Prison Service (SPS) moving the prisoner into a men’s prison.

The controversy around the case has dogged Ms Sturgeon, who has faced repeated demands to say whether Bryson is a man or a woman, and follows fierce and bitter divisions within the SNP and across Holyrood over the Scottish Government’s Gender Recognition Reform Act.

An urgent review of the SPS’s handling of the case concluded, however, there was no risk to women in the care of the prison service while Bryson was housed at Cornton Vale.

However, the full report into the scandal will not be published, with the SPS citing the “significant amount of personal detail” relating to Bryson as a reason for the document remaining secret.

Recommendations from the report include a more rigorous background check for transgender prisoners, which will “support decision making at admission and subsequent case conferences”, brought in due to the lack of information on Bryson’s life “pre-custody within the community”.

Full case reviews of all existing transgender prisoners are underway, the SPS said, with a pause on any transgender person in custody with a history of violence against women and newly convicted or remanded transgender prisoners being moved to the women’s estate.

Ministers will also be asked to approve any decision for a transgender prisoner with a history of violence against women to be moved to the women’s estate.

A wider ongoing review will examine the overall approach to transgender prisoners, after the SPS said it received "conflicting" details on Bryson.

In a letter from Teresa Medhurst, the SPS chief executive, to Holyrood’s criminal justice committee, she states it was the prison service who made the decision to redirect Bryson from HMP Barlinnie to Cornton Vale “in line with current policy”.

The letter adds the criminal was “located in an area where they were separate from the general prison population”, adding “at no time did the individual come into contact with any other prisoners at the establishment”.

A meeting on Wednesday, January 25, concluded more information was required prior to a final decision being made, something done “by SPS senior management due to the level of risk and remaining uncertainties” on Thursday morning.

At some point between these meetings and potentially at the Wednesday meeting, Ms Sturgeon’s opposition to Bryson being held in the women’s jail was made known to the SPS.

Ms Medhurst said: “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.”

Justice secretary Keith Brown said all recommendations of the review had been accepted by the prison service.

He said: “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.”

Scottish Conservative community safety spokesperson Russell Findlay labelled the findings a “whitewash”, saying they included “nothing of any substance”. He also attacked the decision to refuse to publish it in full.

“We still have no idea why a double rapist was sent into a women’s prison or what involvement SNP ministers had in his removal following the public backlash.

“Given the widespread concern and anger, this report should have been published and in full, not just some woolly summary. It is an affront to Bryson’s victims that the prison service is pandering to this rapist’s right as justification for their refusal to publish.

“This is typical of SNP secrecy and raises more questions than answers. It is clear that this shoddy stunt is part of the ongoing exercise in damage limitation for Nicola Sturgeon – not a sincere attempt to learn lessons.”

Ms Medhurst and Mr Brown will give evidence on the Bryson case to the justice committee on February 22 where MSPs will quiz the Government and prison service on its handling of the case.

During First Minister’s Questions, Ms Sturgeon accused Scottish Conservative leader Douglas Ross of “clutching at straws” as her opponent repeatedly asked in Holyrood on Thursday whether the First Minister and the Government would publish the report in full this week.

Mr Ross queried the SNP leader, asking: “The case of this double rapist has been a huge scandal, but the public are in the dark about exactly what happened and who was involved. So will the First Minister publish the urgent review in full today?”

Ms Sturgeon confirmed the SPS report had been delivered to Mr Brown on Wednesday and later accused Mr Ross of trying to use “gotcha” questions and suggested he take advice from former Scottish Tories leader Ruth Davidson.

The First Minister said: “On the report, Presiding Officer, I really do think Douglas Ross is clutching at straws in his follow-up question. I made very clear the findings of the report will be published.”

The exchanges came as Scottish secretary Alister Jack said the ball remained in the Scottish Government’s court in the dispute over gender recognition legislation, saying he simply disagrees with its arguments.

Mr Jack said it was up to ministers in Edinburgh how they wished to proceed with the Gender Recognition Reform Bill, which he last month blocked from becoming law by using section 35 of the Scotland Act.

The Scottish secretary had a phone call with Scottish Government minister Shona Robison at the end of January, with minutes from the call published on Thursday.

The minutes say he acknowledged a memorandum of understanding around the use of section 35 had not been followed.

Speaking as he visited the Halo Trust’s offices in Dumfriesshire, Mr Jack said he disagreed with this. He said: “They [the Scottish Government] may have released the readout of the minutes of the meeting, we haven’t released ours.

“But I have asked my office to write back and explain to them the bits we disagree on. I heard what she [Shona Robison] said, whatever point she was making, but I just simply did not agree with it.”

Mr Jack said “the ball’s entirely in their court” on how the Scottish Government wishes to proceed with the Bill. He said: “They can either drop it or they can amend it, or they can if they want to take us to court.

“What I do know is that the Bill has adverse impacts on UK-wide legislation, and it’s for that reason that I looked at the legal advice and used section 35.”

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