EXCLUSIVE: The Scottish Labour leader said prisons must be ‘single-sex spaces” in the wake of the Isla Bryson scandal.
04:30, 02 Feb 2026
Isla Bryson
Anas Sarwar has promised to ban trans prisoners from women’s jails if he becomes the next First Minister. The Scottish Labour leader says he will remove biological male inmates from female prisons within days of entering Bute House.
He said: “It is simply not right that men who have committed sexual or violent crimes against women can be housed in women’s prisons. That undermines safety, dignity and trust. A Scottish Labour government would act swiftly.”
A three-day hearing at the Court of Session is due to begin tomorrow into the SNP Government’s policy on trans prisoners in jails. Campaign group For Women Scotland has brought the case and says Government prison guidelines allow “at least some male prisoners” to be housed alongside women.
They believe the guidelines are unlawful and should be struck down. But the Scottish Government will argue that a “blanket rule” about placing trans prisoners in jails in relation to their biological sex would “violate the rights of some prisoners”.
Sarwar has come down firmly on the side of FWS and against the SNP Government. In his Daily Record column, he wrote: “For too long, the Scottish Government has been distracted by legal wrangling and divisive culture wars instead of focusing on the real priorities of the people we serve.
“Take single sex spaces, the law is already clear. The Supreme Court is clear; the Equality Act must be respected. That means defending single-sex spaces for biological women in services, in sport and in everyday life. That is what I will deliver in government.
“But nowhere does this matter more than in our prison system. Women’s prisons exist for a reason: to keep women safe.”
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He added: “Many women in custody have experienced trauma and violence, often at the hands of men.
“Within days, we would ensure prisons are single-sex, based on biological sex, and bring an end to years of confusion and costly legal disputes paid for by the taxpayer.”
First Minister John Swinney said last month that the Government believes the prisons guidance “does not need to be changed”.
It comes after a public outcry in 2023 when transgender rapist Isla Bryson was initially housed in the Cornton Vale women’s prison.
Bryson was charged as Adam Graham, but self-identified as a woman while awaiting trial.
She was temporarily held at Cornton Vale during a 72-hour segregated assessment period, before being moved to HMP Edinburgh.
Sarwar’s stance marks a departure from his previous position on trans rights.
The Scottish Labour leader whipped his MSPs to support the SNP Government’s gender self-ID law in 2022 and sacked colleagues who revolted.
But the law was blocked by the UK Government and a separate ruling by the UK Supreme Court provided further clarity by ruling that “sex” in the 2010 Equality Act means biological sex.
Scottish Labour MP Joani Reid, a gender critical feminist, welcomed Sarwar’s new stance:
“Anas Sarwar has shown the leadership Scotland has been crying out for, setting out a clear and decisive position on single-sex spaces.
“The law is clear and the Supreme Court’s ruling could not be plainer: single-sex spaces are required. What has been missing in Scotland is the courage to act – and it is welcome to see Anas spell out that he will.
“After nearly 20 years of SNP rule, nothing better exposes how out of energy and ideas they have become than their refusal to grasp a basic truth: men belong in men’s prisons and women in women’s. Instead of governing, they have dithered and denied.
“This failure has had serious consequences in our prison system. Allowing men convicted of crimes against women into the female prison estate was reckless and indefensible, undermining safety, dignity and trust.”
