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Women's prisons and the Gender Recognition Act (2015)

  • 24-05-2025 08:23PM
    #1
    Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭


    With the UK Supreme Court ruling that women are entitled to single sex spaces, regardless of whether a biological male possesses a Gender Recognition Certificate, the issue of women prisoners being put at risk of sexual and physical assault by males who are imprisoned with them seems to be settled over there.

    But perhaps not in Ireland, where the 2015 law, similar to the one the Scottish government was set to bring in but was prevented by Westminster, has already led to women in Ireland having to be kept in even harsher conditions than usual in Limerick jail, because several transwomen, ie biologically male, prisoners convicted of violent crimes were sent to the women's estate rather than to the men's prison.

    https://thecritic.co.uk/the-prison-of-silence/

    The prison of silence

    There hasn't been a lot of detailed data available about whether transwomen (or men claiming to be TW for their own reasons), though what there has been, from the UK, shows that at best, transidentifying men (transwomen) commit violent offences at rates similar to those committed by men in general. There's some evidence that rates are in fact higher than for men as a whole, but due to lack of clear data, it's not easy to measure how much higher. The problem with the data is for example that transidentifying men and transidentifying women are often lumped together, giving an intermediate male-and-female average for "trans people", thus making it impossible to see whether women are more at risk from having transidentifying men in prison with them than they would be if they were simply put into mixed prison cells.

    Now the US has also made data available, thanks to FOIA requests made by the Keep Prisons Single Sex group to the Federal prison system during the Biden administration. They've published a report on the results of that information. As in the UK, it also finds that transidentifying men are FAR more likely to be in prison for sexual assault than women, and also confirms that they are also more likely to be sex offenders than male prisoners in general.

    But where there are women's groups in the UK and the US actively investigating the safety of women in prisons there, does anyone in Ireland care enough about the welfare of Irish women in prison to break the silence mentioned in the title of the first article? It seems that they don't. Apart from Paddy O'Gorman's podcast, there's been almost nothing in the Irish media. Certainly nothing in the mainstream media.

    It's ironic because Ireland was constantly being held up in Scotland as evidence that their law on self-identification would work well because supposedly there was no problem in Ireland. Of course as so often in Ireland, it turns out that it's just that we just don't like to talk about awkward things. Like the conflict between trans activists' demands and women's basic rights to safety and privacy - even in prison.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



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Comments

  • Registered Users, Registered Users 2 Posts: 2,137 ✭✭✭c montgomery


    Trans women are trans women

    Men are men

    Women are women

    None of them are the same and all should be treated differently



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    So the question is where should transwomen convicted of a crime be imprisoned? Male or female sections? I don't honestly think it's reasonable to expect the country to set up a third category of prisons.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 2,137 ✭✭✭c montgomery


    How about the male prison in a segregated section

    Couldn't be many trans prisoners in Ireland, should be easy enough



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    You'd think, but that's not what's been happening. Even with a prisoner like "Barbie Kardashian" who is so violent to women that there were constant threats to rape and murder various women, including BK's own mother.

    What I'm wondering is, while the SC judgment in the UK seems to have clarified the recent confusoin between sex and gender, whether the GRA in Ireland will make it difficult to do the same in Ireland, at least for those TW with gender recognition certs.

    And of course the GRA has no falsifiable test for someone being trans - it's based on self declaration. So anyone could get one if they want to be in a female prison.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    The only transwoman in custody in Ireland is in a male prison.

    Even when there were more then one transwoman in custody in a women's prison, they were held separately from the population.

    Perhaps women inmates would be at more risk from male prison officers?



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  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    I don't know what the situation is today, (do you have a link to that?) but that certainly has not always been the case. There were three violent transwomen in the female estate in Limerick prison at the same time not that long ago. Paddy O'Gorman interviewed women coming out of the prison, who said that they had been terrified by the three who, even when locked in their cells, roared and shouted threats at any woman going past.

    They also took up room in an already very overcrowded female section, and posed organisational problems of how to keep the women safe.

    If you're right that this can no longer happen, that's great. Who decided on this change, when and why? I mean, is it permanent?

    I'd really like some evidence of it, as I haven't seen any.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 2,137 ✭✭✭c montgomery


    Why would you think this?

    Prisoners are criminals.

    Prison officers are not.



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    They were not in the general population, so we're no risk to the women.

    unit D1 in Limerick Prison for Men, which is currently holding a transgender woman

    https://www.oip.ie/watchdog-inspects-limerick-womens-prison/



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl




  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    Personally I think it would be better if prison officers in a female prison were mostly female, as there probably is some risk of inappropriate relationships, including women being either incited or forced to have a relationship with a prison guard. Same for having male prison guards in male prisons, for that matter.

    But I agree that it's not at all the same thing: prison employees are not only not criminals, they are actively vetted before getting a job there.

    Post edited by volchitsa on

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



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  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    Do you think they're put in prison for being trans??

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 1,559 ✭✭✭Bogey Lowenstein
    That must be Nigel with the brie...


    It cuts both ways too: perhaps transidentifying men housed in a women's prison will be a danger to female prison officers.



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    Do you think the other women are a risk to each other. Maybe everyone should be in solitary



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    That only says that one transwoman is being held in the male estate, in connection with inspections of the conditions in which women are being held in prison. They inspected the male section because one TW was there.

    Ireland’s statutory prison watchdog, the Office of the Inspector of Prisons (OIP), has just completed an unannounced general inspection of Limerick Women’s Prison. Inspectors also visited unit D1 in Limerick Prison for Men, which is currently holding a transgender woman. 

    It doesn't say that no transwomen are in the female estate, since no special inspection would be required for that.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    There is only one transwoman in custody in Ireland at the moment. I'm sure you know who that is, a very dangerous individual.

    When there were 3 transwomen in prison, they were separated from the general women's population and were no risk to them.



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 2,137 ✭✭✭c montgomery




  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    I don't know that there is only one, although I assume you mean Barbie Kardashian, who is probably one of the most dangerous prisoners in Ireland, male or female.

    The question is though, why was Kardashian ever put in the women's estate in the first place, and what is the policy for "normally" dangerous transidentifying male prisoners in the future who wish to be imprisoned in the female estate?

    I never claimed that the women were in physical danger from the TW prisoners - I said they should not have to put up with being verbally abused by males shouting sexual comments at them as part of their prison experience, and nor should their conditions be made worse by having cells kept aside for those TW in an already heavily overcrowded section.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 7,871 ✭✭✭plodder


    Perhaps women inmates would be at more risk from male prison officers?

    What's your evidence for that slur?



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    I didn't make any slur.

    Just as likely as them being at risk from segregated prisoners.



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  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    You still haven't provided any evidence that there's only one TW in prison in Ireland. That may be true, but your link didn't show that.

    However it's not really relevant to this thread anyway, which is about the general issue of whether TW can now be systematically sent to the male estate and whether the GRA might be a brake to that.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    The IPS has always had the discretion to move trans prisoners to whichever prison they wish.

    https://gcn.ie/prison-policy-trans-inmates-delayed/



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    But from your link it seems the default is whatever the trans prisoner requires:

    Under the Gender Recognition Act 2015, individuals in Ireland can self-identify their gender without medical or physical requirements. Currently, if a prisoner has legally changed their gender, they are placed in a facility corresponding to that gender.

    So it's only the most dangerous prisoners, like Barbie Kardashian, who go to the male estate - and even then, only after they'd had the opportunity to threaten both female staff and female prisoners.

    Mind you, I see from the link that some of the prison guidance comes from TENI, which is exactly the same mistake that the UK civil service were making in taking Stonewall's advice which turned out to be illegal.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    However, the IPS retains discretion to transfer inmates when they deem necessary. According to IPS’s official website, decisions take into account factors “such as biological sex, legal gender, gender identity, gender expression, and prison security considerations.”

    To date, this action has been exercised twice in the case of trans prisoners. In March 2021, then-Minister for Justice Helen McEntee approved the transfer of a trans woman to a male facility.

    Meanwhile, in a separate case in 2023, a 22-year-old trans woman who was originally held in Limerick Women’s Prison was accused of threatening to cause serious harm to a fellow inmate and a prison officer. Although she was acquitted of all charges, she is currently being held in the D1 Unit of the men’s prison in Limerick.

    It appears to have happened at least twice.

    I don't know exactly what the issue is, transgender prisoners have so far, been separated from the rest of the population, not ideal, but until they appear to be dealing with it in a case by case basis until they have a working policy.

    I see no issue with a case by case basis.



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    I already explained the problem: the women's section is already overcrowded, and - as you accept yourself - in order to keep the women safe, special measures have to be put in place every time a transidentifying man is put in the women's section. Not just for those who are particularly dangerous. And that worsens the women's living conditions.

    Which begs the question of why the transidentifying man should be there at all? Why should the well-being of ALL the women not take priority over the wishes of one transidentifying male? As a general rule?

    And it seems to me that that refusal to care about women's wellbeing is typical of Ireland. It's sad that so many women are so socialised into always putting males first that they think it's perfectly ok to use women as support animals for unhappy men. Without even getting the women's consent.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 17,900 ✭✭✭✭AMKC
    Ms


    Ain't forget Transmen. Everyone forgets the Transmen

    Trans Women are Women

    And

    Trans Men are Men.

    "And of course the GRA has no falsifiable test for someone being trans - it's based on self declaration. So anyone could get one if they want to be in a female prison."

    So what thry just wait the 3 to 6months for the cert before going to prision because it takes at least that long and sometimes longer to get one.

    I doubt this would be on many mans minds if they had just been sentenced to a prison team.

    Live long and Prosper

    Peace and long life.



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    Mens prisons are also over crowded.

    Transgender prisoner policy delayed as officials struggle to find appropriate model

    https://www.irishtimes.com/crime-law/2025/02/10/transgender-prisoner-policy-delayed-as-officials-struggle-to-find-appropiate-model/

    According to this there is a trans prisoner in Cloverhill, a male prison.

    Why do you call them trans identifying men?



  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    Mens prisons are also over crowded.

    Well yes, but that isn't the female prisoners' responsibilty to solve is it? If their conditions are adversely affected by having male-bodied prisoners put in with them, why should they have to step up and make things better for the prisoners in the male estate?

    And of course the women's conditions will be more badly affected by having transwomen in with them than the male prisoners would be, because of always having to keep the women separate in order to keep them safe from the transidentifying males.

    Why do you call them trans identifying men?

    Because I think it's important to be clear what you're saying and I've noticed that a lot of people who aren't already aware of this issue find it confusing. They hear 'trans woman' and they think you mean a biological woman who wishes to live like a man. In which case, saying that such a person should be put in a male prison would be a very different thing to saying that someone like Barbie Kardashian should be in a male prison.

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 12,922 ✭✭✭✭suvigirl


    I haven't noticed that it's an issue, but fair enough .

    Anyway, there is a trans prisoner in Cloverhill, and mens prisons are also overcrowded.



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  • Registered Users, Registered Users 2 Posts: 10,016 ✭✭✭✭volchitsa


    Well it's certainly what Isla Bryson did in Scotland.

    Isla Bryson from ClydebankScotland is a transgender woman who, prior to transitioning, raped two women in 2016 and 2019, being convicted of those offences in 2023. Bryson was charged, and first appeared in court in 2019, under the name Adam Graham. Shortly thereafter, in 2020, Bryson came out as trans and took the name Isla Bryson.

    https://en.wikipedia.org/wiki/Isla_Bryson_case

    So does that mean you think a trans man who's convicted of a crime should be put in a male prison regardless of what the person wants themselves?

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



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