Because Britain is so different from other jurisdictions (like Eire) that have self-ID and have no problems?
No problems?
Criminal defence lawyer Robert Purcell says that the Gender Recognition Act 2015 has placed the State in an impossible position with regard to transgender prisoners.
The law is challenging for the courts and the Irish Prison Service, he believes, since there is, potentially, a safety issue for women inmates housed alongside a male-bodied prisoner.
Currently, a pre-operative, pre-hormone therapy, male-to-female transgender prisoner is being held in Limerick women’s prison.
When before the court last July, the prisoner was in possession of a gender recognition certificate.
It is understood that the prisoner was assigned a high level of monitoring after being convicted of ten counts of sexual assault and one count of cruelty against a child.
Robert Purcell is chair of the Law Society Criminal Law Committee: “The law that was enacted in 2015 did not envisage this situation, and it puts the Prison Service and the courts in a difficult position because, obviously, if somebody is self-declaring that they have to be recognised, then they have to be dealt with on that basis, even though physically, they have not have made the [physical] transformation.
“I don’t think the legislation envisaged the ability of transgender people to be able to self-declare; and it didn’t foresee the problems it would cause if a transgender, self-declared person was held in a mixed prison,” he said.
www.lawsociety.ie/gazette/top-stories/male-bodied-transgender-inmate-housed-with-women-prisoners/