PSNI must 'urgently clarify' its strip search policy after Supreme Court sex judgement - Jonathan Buckley
The PSNI must “urgently clarify” its strip search policy in line with the Supreme Court ruling on biological sex defining what a woman is under the law, a DUP MLA has said.
Jonathan Buckley’s comments come as the Justice Minister Naomi Long has declined to say whether she will update guidance in light of the judgement.
Currently, males with a gender recognition certificate (GRC) are entitled to be searched by female officers – and male officers with the paperwork can search female detainees.
Police say they “acknowledge the ruling and will study the written judgement and what it means for the organisation”.
Mr Buckley, an MLA for Upper Bann, told the News Letter: “In light of the recent statement from the PSNI regarding its strip search policy, and in view of the Supreme Court’s clear ‘common sense’ judgment that sex in law refers to biological sex, regardless of a Gender Recognition Certificate, I am calling on the PSNI to urgently clarify its position and practices.
“The PSNI’s current interpretation of the law, which appears to rely solely on the Gender Recognition Act without proper consideration of the Supreme Court’s ruling, raises serious concerns about the safeguarding of women in custody.
“As an elected representative, I have been consistent in advocating for the rights and safety of women, and I have already written to a number of public bodies, including the PSNI, to press for urgent clarity on how they intend to comply with the Court’s ruling. Public confidence demands transparency and consistency from policing bodies, particularly in sensitive matters such as strip searches.
“The PSNI must confirm whether its officers continue to carry out searches based on gender identity or biological sex, and whether it allows, or requires, female officers to conduct searches on biologically male detainees who identify as female. This is an unacceptable position that risks undermining both the rights of women and public trust in policing.
“Clear guidance is needed now. The PSNI must ensure that its policies uphold the law and protect the dignity and safety of women. Anything less is a failure of duty”.
A DoJ spokesperson said it will “carefully consider” the judgement’s implications.