Lammy under pressure to remove transgender prisoners from Downview after court ruling

LONDON — Justice Secretary David Lammy is facing renewed pressure to remove transgender prisoners from a women’s jail after a Supreme Court ruling on biological sex and amid inspectors’ concerns about supervision at HMP Downview in Surrey.

Downview’s E Wing, a unit set aside for transgender prisoners, currently houses five inmates who have legally changed their sex. The arrangement has reignited debate over single-sex spaces in prisons and whether the system adequately protects women prisoners while accommodating trans individuals. The controversy comes as inspectors flagged that there is no longer one-to-one supervision of transgender inmates when they mix with female prisoners for education, religious services, or social visits, raising safety and governance questions for the facility.

Rebecca Paul, Conservative MP for Reigate, told the Daily Mail she believed Lammy should shut down E Wing and move all biological males out of women’s prisons. "I welcome David Lammy to his new role as Justice Secretary, and I implore him to do the lawful and responsible thing and remove all biological males from women’s prisons. We are a heartbeat away from a terrible tragedy," she said. She argued that women prisoners are among the most vulnerable and that the current setup represents a breach of the Equality Act’s provisions for single-sex spaces. Paul also recalled Lammy’s past remarks during debates over gender ideology, including a 2021 claim that some women campaigners were "dinosaurs" who wanted to hoard rights.

The government’s position so far emphasizes safeguarding and a cautious approach to any policy shifts. A spokesperson for the Ministry of Justice said E Wing is a separate unit for transgender prisoners and is isolated from the main female population. It is accessible to the wider prison regime only under exceptional circumstances, following robust risk assessments, and these inmates are subject to constant direct supervision. The MoJ added that the vast majority of transgender women in prison are held in men’s prisons and that the department is reviewing transgender prisoner policy in light of the Supreme Court ruling, which clarified that the definition of a woman is based on biological sex.

Lammy’s responses to the issue have drawn attention as he awaits confirmation in his new role. When asked whether he accepted the Supreme Court judgment on single-sex spaces, he reportedly told constituents that while single-sex spaces must be protected, trans people’s safety and wellbeing must also be protected. Correspondence seen by this newspaper shows he wrote that ministers have stated both protections for single-sex spaces and protections for transgender people, stressing the need for clear legal protections that allow people to live free from harassment. Some constituents said they were troubled by the emphasis on trans protections without explicit acknowledgment of women’s sex-based rights.

Helen Joyce, a spokesperson for women’s rights charity Sex Matters, criticized Lammy’s stance, saying it reflected a blind spot on women’s sex-based rights. Joyce argued that the new Deputy Prime Minister and Justice Secretary’s focus on protecting trans-identifying people did not acknowledge how self-identification could affect women’s rights within prisons. Critics say the policy environment risks eroding sex-based protections and creating loopholes in the law governing single-sex spaces.

The MoJ’s response highlights a policy framework that seeks to balance safety with inclusion. E Wing, established in 2019, was designed to house transgender women deemed too high-risk to remain in the standard women’s estate, while also addressing concerns about safety from other inmates. The policy reforms introduced by the previous government in 2023 constrain housing options for trans women with male genitalia or those who have committed sexual or violent offences. Officials stressed that Downview’s arrangement is kept under close review, with ongoing assessments of risk, supervision, and access to the wider prison regime.

The controversy has drawn reaction from lawmakers and equality advocates on both sides of the debate. Some constituencies express that any move to segregate transgender prisoners more aggressively could provoke backlash or unintended consequences for safety and wellbeing. Others argue that safeguarding women prisoners requires clear, codified boundaries that reflect biological sex as the basis for single-sex spaces in sensitive environments such as prisons. The current situation at Downview has become a focal point for those arguing that policy must prioritize the safety of female inmates while respecting the rights of transgender prisoners.

As Lammy settles into his new role, the government’s position on Downview and similar facilities will likely shape ongoing discussions about how best to implement single-sex protections in prisons. The MoJ has signaled that it will continue to review transgender prisoner policy in light of the Supreme Court ruling, indicating that any changes will be guided by risk assessments, compliance with equality legislation, and ongoing consultations with stakeholders. The outcome of this review may influence future housing decisions for transgender inmates nationwide and could prompt additional policy clarifications aimed at reconciling competing rights and safety concerns within the country’s penal system.