UUP leader attacks DoJ transgender search guidance for police as ‘confusion dressed up as compassion’

Ulster Unionist Party leader Jon Burrows MLA has launched a sharp criticism of new PSNI search guidance issued by the Department of Justice, claiming it leaves frontline officers facing uncertainty in some of the most sensitive situations they encounter.

The North Antrim MLA said the interim arrangements, introduced following the recent Supreme Court ruling on the legal definition of sex, place too much responsibility on individual officers rather than providing clear operational rules.

Burrows described the approach as “confusion dressed up as compassion” and accused the Department of Justice of failing to give police staff the certainty they require when carrying out searches in custody settings.

Concerns over frontline decision-making

Under the guidance criticised by Burrows, officers may be required to seek a female officer willing to search a male detainee who identifies as a woman before reverting to arrangements based on biological sex where that is not possible.

The UUP leader argued that such an approach creates additional complexity for officers operating in high-pressure environments.

He said officers should not be expected to navigate “a hierarchy of preferences” while carrying out searches, particularly in circumstances where decisions often need to be taken quickly and sensitively.

Burrows said:

“Naomi Long’s department has once again put the burden of accommodating gender identity onto ordinary officers and staff, rather than giving them clear, workable rules. It’s a clear dereliction of duty.

“Asking the PSNI to hunt for a female officer willing to search a biological male, and only falling back on biological sex when that search proves impossible, is not clarity. It’s confusion dressed up as compassion.

“Officers need certainty when they’re carrying out searches, not a hierarchy of preferences to navigate in real time, often in pressured custody situations.”

Reference to Supreme Court ruling

The criticism comes against the backdrop of the recent Supreme Court judgment which concluded that references to sex in equality legislation relate to biological sex.

Burrows argued that the interim guidance does not fully reflect what he described as the clarity provided by the court ruling.

He said the continued requirement for officers to consider factors such as a detainee’s self-declared identity or lifestyle risks creating uncertainty for police staff and places female officers in a difficult position.

“The Supreme Court was clear that sex means biological sex,” he said.

“Interim guidance that only reaches that position as a last resort, and still requires officers to weigh a detainee’s self-declared ‘predominant lifestyle,’ does not reflect that clarity.

“It puts frontline officers in an invidious position and risks the dignity and safety of female police officers.”

Call for assurances for female officers

The North Antrim MLA also called for explicit assurances that female officers would never be compelled to carry out searches they were uncomfortable undertaking.

He said:

“It must be made abundantly clear that no female officer will ever be pressured into searching for a biological male.”

Drawing on his own experience in policing, Burrows said operational staff depend on clear and straightforward procedures, particularly in areas involving privacy, dignity and safeguarding considerations.

“Having served as a police officer, I know how much officers rely on straightforward rules for something as sensitive as a search,” he added.

Broader debate continues

Burrows also linked the issue to wider debates surrounding single-sex spaces and custodial arrangements in Northern Ireland.

He said the latest guidance followed previous concerns raised over prison accommodation policies and accused the Justice Minister of failing to provide clear assurances in that area.

The issue is likely to remain politically contentious as the Department of Justice and the PSNI continue to review policies in light of the Supreme Court judgment and its implications for public services across Northern Ireland.