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I am telling you about the advice that I have received since I have been in office, which has come via my officials and the Scottish Prison Service as an executive agency.

I am happy to take that question, convener, if Ms Regan is content with that.

It is vitally important to me, personally and politically, and as a Scottish Government minister, that we view the policy on managing the risks that some transgender prisoners present through the whole lens of the violence against women and girls policy, which is now mainstreamed. A ream of policies, past and present, have informed the underpinnings of the work that has been undertaken.

As a minister, I am always particularly interested in understanding lived experience. The committee might be interested to know that every female prisoner was surveyed on the policy. The survey had a high return rate—around 40 per cent—and there were a number of in-depth semi-structured interviews. What that work said to me was that women in custody were less concerned about living among transgender prisoners where it was safe to do so.

However, what really spoke to me was the fact that the women were more concerned about the Prison Service, as the executive agency, and the Government getting our risk assessment processes right and being alert to, and rigorous about, people who pose a risk. They did not want a blanket policy in that respect, either. I should point out that there is no blanket policy in the UK, by the way; the policy south of the border includes both a strong presumption in favour of the measures that it wants to achieve and measures for exceptional cases.

We must also bear in mind the learning from the report that was published last February, which sets out the challenge in terms of our needing to rebalance the focus on risk. I therefore think it imperative that the focus of the policy, which seeks to prevent people who will harm women from ever accessing the women’s estate, be that we look case by case at everybody who comes through the door and ensure that they are thoroughly and appropriately risk assessed. That is at the heart of the policy, convener: it is about ensuring that people who are at risk of harming, or who want to harm, the women who are in our care are unable to do so.

I should also make a point about the expertise of the Scottish Prison Service in the matter. It was Teresa Medhurst who developed the women’s strategy and the work on pursuing a trauma-informed approach in the women’s estate. By the way, that approach applies to prison staff, too, so we should recognise the expertise that exists not only at officer level but at senior operational level in the Scottish Prison Service. After all, for over 20 years now the service has been caring for transgender prisoners and managing the risks, where they present themselves.

The thing about the new policy that has just been published is that it retains and builds on the core protections that are in the interim policy. The purpose of the policy is to strengthen arrangements by ensuring that the risk management teams within the prison establishment—those multidisciplinary teams—are well supported. As a result of the policy, there is now a very clear and considered approach for exceptional cases.

I know that it is difficult for us all to hypothesise about such exceptional cases, but every policy—even the policy south of the border—has to acknowledge that we have to expect the unexpected and to plan and have a process for dealing with cases that fling up concerns and circumstances that have perhaps not emerged before, or where risk is very low but vulnerability is high. Any policy should have a very clear and rigorous process in respect of exceptional cases.

The policy that we now have includes a very strong presumption to prevent those who want to harm women, or have a history of harming women, from accessing the women’s estate, so we have moved forward.

That was based on advice on information governance and advice on data protection, but I am happy to check whether my colleague from the legal directorate has anything to add that would assist Ms McNeill.

Of course, everyone is free to speak as they wish. However, as you would expect me to say—you would, of course, expect this to be reflected in practice in the SPS—we endeavour, where appropriate and where circumstances necessitate, to respect people’s identities.

I will explain my view on that. Given my exposure and visits to, and involvement with, prisons, I know that people wish to live and work in an environment in which people are respectful to one another. That helps to create a more secure and safer environment for everyone, as it helps relationships.

I will give one example from my contact with prisoners and ex-prisoners. They say that, when they are referred to by their name as opposed to by their number, that small measure—or measure that might seem small—is very helpful in securing and establishing relationships.

I stress to Ms McNeill that I would not narrate this as an SPS decision as such, and I would not narrate it as a position that anybody is comfortable with, necessarily. Sometimes, as Cabinet Secretary for Justice and Home Affairs, I feel the frustration of not being able to talk in a more free and frank manner. However, the reality is that, as justice secretary and as a minister in the Government, I have to uphold the law and, if I get advice on information governance or data protection, I have to comply with that, as do public bodies.

I appreciate some of the frustrations around this issue. In many circumstances, it would be far easier, if it was desirable, appropriate or, indeed, legal, to discuss individuals—

Until the statistical release—

Yes.

I point to the fact that the Children and Young People’s Commissioner operates in an environment that is quite legislation heavy—for example, it involves the children’s hearings system, and a small proportion of children and young people become involved in the criminal justice system. Therefore, it is a fair comparison. All the things that you mentioned, such as court rules and procedures, scheduling, the environment and pre-recorded evidence, have a direct link with trauma-informed practice and trauma-informed approaches. Although the operational delivery of those matters rests elsewhere, the purpose of the bill, in cementing and placing duties on people to demonstrate trauma-informed practice, is to be a lever. It is not the only lever, but it is certainly a lever for changing how operational decisions are made and implemented.

Victim Support Scotland has been one of the biggest advocates for a victims and witnesses commissioner. It published a paper making the case for such a commissioner in 2021. I know that Victim Support Scotland’s Kate Wallace has given evidence to the committee.