'A significant victory for common sense': Local MLAs react after judge rules that housing trans inmates in women's jails is 'unlawful'
Independent Unionist MLA Doug Beattie has called on the Justice Minister to review Northern Ireland's prison guidance after a Scottish judge ruled that allowing biological males to be housed in women's prisons was unlawful.
Lady Ross published her decision following the petition for judicial review brought by For Women Scotland (FWS), which challenged the Scottish Government’s policy on the treatment of transgender prisoners.
The group had challenged the lawfulness of the Scottish Prison Service (SPS) policy of holding some trans women – who are biological men – in women’s prisons.
It came after FWS won a Supreme Court case in April last year which saw judges at the UK’s highest court make clear the term “woman” in the Equality Act refers to a biological woman.
In her decision published on Friday, Lady Ross ruled the prisons guidance is “unlawful”.
Mr Beattie described the judgment as a "wake-up call" for Northern Ireland's Department of Justice and the Justice Minister.
In a statement, he said: “This is a wakeup call for the Department of Justice and the Justice Minister
“Women deserve their own spaces, free from men. That was the substance of the motion I brought before the Assembly in January 2025 concerning Northern Ireland’s prisons.
“That motion was decisively defeated by a combination of Sinn Féin, the SDLP and the Alliance Party. They argued that my proposal, based on sex rather than gender, was not compliant with human rights standards. However, my motion was about protecting women’s rights in custodial settings, in line with the UN Mandela Rules, which are clear that prisoners should be housed with others of the same sex.
“A recent ruling in Scotland affirmed that guidance permitting biological men to be placed in women’s prisons was unlawful and requires revision. This aligns with the Supreme Court’s ruling on the definition of sex.
“I now call on the Justice Minister to review the existing guidance on the placement of transgender individuals in Northern Ireland prisons.”
Mr Beattie also confirmed that he intends to table a further motion challenging the current arrangements and urged larger parties to use their Assembly time to bring the issue forward.
He added: In the meantime, I intend to table a further motion challenging the current system and those who support the placement of men in women’s prisons.
As an independent backbencher my motion is not likely to be selected. Therefore I urge the larger parties to support and bring forward my motion within their entitled slots, so that the people of Northern Ireland can clearly see the position of individual MLAs and political parties as the next election approaches.”
Meanwhile, TUV MLA Timothy Gaston labelled Lady Ross’ ruling as “a significant victory for common sense”.
He added: “The Court made clear that where the law requires separate accommodation for men and women. Those categories are to be understood according to biological sex. It further held that guidance permitting prisoners to be accommodated in the estate of the opposite biological sex was in conflict with that requirement and constituted a “mis-statement” of the law.
“That is a conclusion which should cause serious reflection within the Northern Ireland Prison Service and the Department of Justice.
“The Scottish Court has now confirmed what ordinary people instinctively understand: that policies and guidance cannot override the law and that the rights of women to single-sex prison accommodation must be respected.
“I look forward to making that case in the Assembly chamber and hearing whether those parties which have championed the trans agenda are prepared to explain why they believe Northern Ireland should continue down a path which Scotland’s highest civil court has now found to be unlawful."
The Department of Justice has been approached for a comment.