MOJ Prison Policy JR TODAY

[ChazsBrilliantAttitude]

Just seen on Twitter.

Will post links

I too am fascinated by the possibility of what happens if MoJ comes back that they are unable to obtain data on the numbers of trans prisoners with GRC.

As this information has been requested in court, even on their reading of the provision in GRA that criminalises sharing information on GRC status that has been gained in an official capacity, I would hope that they would not try to claim this as a reason for not providing these data.

Eternally grateful to the Baroness for her diligence and commitment to women's rights.

GRA that criminalises sharing information on GRC status that has been gained in an official capacity

Surely the figures could be compiled by each institution anonymously and sent to MoJ? And possibly a court order might override the privacy consideration, as it would with GDPR.

I think it's illegal to ask someone if they have a GRC though...

@KeepPrisonsSingleSex

Thank you

Thank goodness for Baroness Nicholson!

mobile.twitter.com/ripx4nutmeg/status/1367772155354771456

Wonder which part of the prison estate this person will be sent to?

Did anyone else notice the non binary option when booking their Covid jab 🙄

The non collection of data is very worrying as is the collection of gender data instead of sex data. This seems to be becoming policy in all areas and in Scotland the Justice Minister is trying to take the collection of sex data out of his new Hate Crime Bill.
Extract from For Women Scotland asking people to email MSPs

"Please also ask your MSPs to REJECT Amendment 24 by Humza Yousaf which proposes to downgrade the mandatory collection of data on hate crimes by sex to data that "may" be collected. There is currently no data on how many female victims of hate crimes there are across the characteristics, compared to men. Many organisations, including FWS and Engender, have stressed how important it is to have sex-disaggregated data."

If we are not counted we don't count..

@334bu

mobile.twitter.com/ripx4nutmeg/status/1367772155354771456

Wonder which part of the prison estate this person will be sent to?

Ah yes, this C Hunnisett

www.mirror.co.uk/news/uk-news/jailed-killer-who-chopped-testicles-9882176

A colleague has had Covid 19.

He told me they have messaged him to donate blood plasma. Because he is a man.

How do they know he is a man?

What issues can we run into when blood starts getting shared around?

Am I remembering correctly that when a man (or certain men) receive blood from a woman who has been pregnant, it can kill him.

@PurpleHoodie

A colleague has had Covid 19.

He told me they have messaged him to donate blood plasma. Because he is a man.

How do they know he is a man?

What issues can we run into when blood starts getting shared around?

Am I remembering correctly that when a man (or certain men) receive blood from a woman who has been pregnant, it can kill him.

I had just googled and that is in fact true

Women who have been pregnant and give blood, their blood if given to men can kill them.

So so important that the birth sex of people is disclosed, however they now identify.

Currently lots of radio/podcast ads asking for blood plasma specifically from men.

S22(4)(d) allows for disclosure of protected information if
“the disclosure is in accordance with an order of a court or tribunal,”

So if they have the data they must disclose it. Whether this covers them gathering data they don’t already have officially recorded is another question. My assumption would be that any official within the prison system that has this information will be permitted under the Act to share it for the purpose of satisfying this court order.

However, if someone has entered the female estate under a pre existing GRC will anyone know or have officially recorded it - possibly for medical purposes?

www.blood.co.uk/who-can-give-blood/why-men-should-donate-blood/

I think it's illegal to ask someone if they have a GRC though...

I'm not sure that is actually the law if there is a definite need to know, like a court order for a directly relevant case. Also there may be people who got GRCs while in prison.

I'm not sure that is actually the law if there is a definite need to know, like a court order for a directly relevant case. Also there may be people who got GRCs while in prison.

The whole point of the GRA is to protect the right to privacy, so in general, revealing that somebody had a GRC would contravene that right.

However, the right to privacy is a qualified right and does not apply in all circumstances. Some of the GRC specific circumstances where it doesn't apply are set out in the GRA.

@RozWatching

Just saw this:

mobile.twitter.com/Baroness_Nichol/status/1367596739243495434

Emma Harriet Nicholson
@ Baroness_Nichol
We in the Lords are now discussing this very seriously indeed

The Baroness is amazing!

What an asset to the bringing-order-and-sense-to-the-chaos-and-idiocy movement.

We're lucky to have her.

@KeepPrisonsSingleSex

I too am fascinated by the possibility of what happens if MoJ comes back that they are unable to obtain data on the numbers of trans prisoners with GRC.

As this information has been requested in court, even on their reading of the provision in GRA that criminalises sharing information on GRC status that has been gained in an official capacity, I would hope that they would not try to claim this as a reason for not providing these data.

Was there any explanation of their reading of the law about the collection and sharing of data regarding GRCs? There is a specific exemption in the GRA which allows for sharing such information if there is a court order

22 (4) But it is not an offence under this section to disclose protected information relating to a person if—

(d)the disclosure is in accordance with an order of a court or tribunal,

And any collected data would be just like any other confidential or sensitive information for which there may be a criminal penalty for sharing such information (under the Official Secrets Act, for example).

I think it is more likely that they genuinely don't know which prisoners have a GRC because of this clause in the policy for "The Care and Management of Individuals who are Transgender"

4.52 Where ‘sex’ cannot be determined, staff must use the best information available, consulting with equality leads as necessary. Staff should avoid asking to see a GRC but instead request sight of a birth certificate as confirmation of legal gender where the person was born in the UK. Someone born abroad who has a UK-issued GRC may not have been able to obtain a new birth certificate in their acquired gender. A GRC is an acceptable form of proof of sex, if produced voluntarily. If an individual cannot produce a birth certificate, and have not chosen to provide a GRC, they may give permission for staff to check directly with the Gender Recognition Panel to confirm that a GRC has been issued.

4.53 Searching of the person must not be used as a means to determine gender.

www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender

A person who produces a birth certificate saying they are female will be put in the female estate even if they are obviously male. There will be no record that they are anything other than female.

@334bu

mobile.twitter.com/ripx4nutmeg/status/1367772155354771456

Wonder which part of the prison estate this person will be sent to?

I think unlikely to be moved in view of what the psychiatrist has said

"In Dr Higgins' view the appellant remains an exceptional risk, possibly more so if she were ever successful in pursuing gender reassignment, which Dr Higgins is concerned is an attempt to transfer to female services. Dr Higgins suspects she may believe this will lessen people's view of her risks"

www.bailii.org/ew/cases/EWCA/Crim/2021/265.html

I still can't get my head around why the MOJ defence thought the Equality Act 2010 didn't apply to them.

From the Government's Equalities Office and Equality and Human Rights Commission.
*Overview
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.

It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.

Find out more about who is protected from discrimination, the types of discrimination under the law and what action you can take if you feel you’ve been unfairly discriminated against.*

Previous anti discrimination laws, one being the Sex Discrimination Act 1975, where women were still fighting to be recognised in law.

How on earth are the Ministry of 'Justice', responsible for the Prison Service able to come out with such innane bollocks? Not fit for fucking purpose really.

That was supposed to be a big quote in bold from
www.gov.uk/guidance/equality-act-2010-guidance

Is there any way that the MOJ could be sued as complicit or an accessory to an assault if they are negligent in the safety of the women they house? Especially if they disregard the Equality Act which provides them with the option of providing safer single sex accommodation.

What issues can we run into when blood starts getting shared around?

Blood is already shared around, women's blood is routinely given to men and vice versa.

A study has found that men have a higher chance (around 30%) of dying after receiving a transfusion from a woman who has been pregnant. The average age of these men was 65 and presumably a lot weren't very well hence the transfusion, however thankfully most did not die. Interestingly men who received blood from a woman who has never been pregnant were slightly less likely to die, although the results were not statistically significant.

It is not yet known why this is and this is the only study showing the effect so far. As such health agencies have called for more research but have yet to change their policies. There's a story on this here: nypost.com/2017/10/25/blood-transfusions-from-pregnant-women-may-be-risky-for-men/

No legal expert but I'm wondering if the UK govt could be in breach of international human rights law by placing male born rapists in the female estate? Apologies if this has already been discussed.