No biological males remain in Scotland’s women’s prisons after transgender prisoners were transferred following a court ruling, the Scottish Prison Service (SPS) has confirmed.

Adam Jobson, its deputy chief executive, told Holyrood’s Equalities Committee that a small number of prisoners were moved in June 2026 following Lady Ross’s determination. Transgender women are now held within the male prison estate.

The judgment found SPS guidance permitting prisoners to be accommodated in prisons for the opposite sex unlawful following the Supreme Court’s ruling that sex in equality law means biological sex. Justice Secretary Neil Gray said during the summer that work was under way to comply with the law and transfer prisoners.

Green MSP Holly Bruce raised safeguarding concerns about transgender women in male prisons, saying: “I do have concerns that there are going to be real risks posed to these women.” Jobson said transgender prisoners were “absolutely” being treated with respect and detailed transfer plans had been prepared. He also said the SPS publishes transgender prisoner numbers quarterly.

The hearing examined how organisations are implementing the Equality and Human Rights Commission’s code of practice. Issued in August, it said public single-sex spaces, including toilets and changing rooms, should be organised by biological sex. Transgender people should use gender-neutral facilities or those matching their biological sex, including in gym changing rooms and rape crisis centres.

Bruce, who represents Glasgow, argued that the code was harming gender-nonconforming people, particularly women who are not transgender and present more masculinely. Constituents had described being challenged in bathrooms and leisure facilities despite being entitled to use them, she said. One no longer felt safe going to the bathroom alone.

Committee convener Katie Hagmann cited Stonewall figures showing that 11% of lesbians in Scotland felt they had been questioned about their sex assigned at birth, rising to 25% among transgender people.

Michael Dickson, chief executive of the Scottish Ambulance Service, said the NHS was implementing the code while respecting service users’ rights and dignity. He warned that political leaders’ framing of the issue could make implementation harder, describing the surrounding “political narrative” as “particularly unhelpful”.

The practical distinction is between organising facilities by sex and how staff handle questions about access. Kirsty Cumming, chief executive of Community Leisure UK, said staff were not expected to police toilets or other areas. People could approach staff with concerns, but employees needed training to respond confidently and sensitively while respecting dignity and privacy.