Justice Minister defends housing men in women's prisons after 'risk assessment' - and urges focus on 'real dangers'

Naomi Long has also said she will review current prison service policy dependant on advice from the Equality Commission – but said that she is “convinced” that the current policy is the “correct balance”.

The Alliance leader also refused to give her view on whether the PSNI’s current strip search policy should be changed – saying that MLAs are not allowed to ask for her opinion under Stormont’s rules.

There were heated scenes in the Assembly on Tuesday afternoon as DUP MLAs challenged the minister on what a ruling by the UK’s top court – which said that under GB equality law sex is defined by biology – means for policing and prison policy in Northern Ireland.

Members of the public undergoing intimate searches by police officers have a right to be searched by someone of the same sex. The Department of Justice (DoJ) currently advises police that male officers or detainees are to be treated as their birth sex, unless they have a Gender Recognition Certificate (GRC).

However, the Supreme Court ruled that sex under the 2010 Equality Act means biological sex – regardless of whether an individual possesses a GRC.

The justice minister was asked by DUP MLA Jonathan Buckley whether, in light of the ruling, she agreed that male police officers should not be allowed to strip search females.

Mrs Long said that under Assembly rules, MLAs are “not allowed to ask a minister for an opinion” – and said she would not be confined to a yes or no answer.

She said PSNI strip search policy is “operational guidance” and will be “a matter… for the police chief constable – as it is operational – and for the Policing Board on which his party has members.

“The member cannot ask me for my opinion under standing orders”, the minister said.

North Belfast MLA Brian Kingston asked if the minister would commit to not housing biological males in female prisons.

Minister Long said that trans people could not “be denied right of access to basic facilities”.

“This should not, unfortunately, as some are doing, be a triumphalist moment.,Because people who are trans still have protection under the law, as they should.

“When it comes to how we house trans prisoners, it has never been based on self ID. It has been based on risk assessment.

“If someone comes to us and they identify as trans, we do a risk assessment to ensure that how and where that prisoner is housed is safe for them and safe for other prisoners and safe for prison officers.”

“And if, when we receive advice and guidance about the intersection of this judgment with our local equality laws and duties under Section 75 then we will review that in light of that.

“But I am convinced, given that there have been no serious incidents or challenges, that we have struck the correct balance to maintain the privacy, the dignity and utmost the safety of all our prisoners in our custody”.

Mr Kingston said he was not dismissing the needs of trans people, but asked if the minister recognised her ability to “respect and protect single sex spaces, particularly for women” – and that males should not be housed on female-only accommodation.

The minister said her role was not to be a “people pleaser” but to “uphold the safety and dignity of everyone committed to our care in the prison”. She said her view would be informed by the Equality Commission.

“This is an issue that has caused moral panic. I have a moral duty to ensure that women are safe, and I ask the member to take a moment and explain to those of us who are women and use the women's toilets, how will we be protected from somebody like himself, if he wished, who walks up and claims to be a trans man and walks into the lady's toilet?” she said.

Alliance colleague Paula Bradshaw asked the minister about what her department is doing to tackle harm caused by sexually explicit deep fake imagery.

Mrs Long said: “Thank you for the question, and it is good to move on to issues that are real challenges in our society, real dangers”.