Justice Minister Naomi Long introduced interim updates to the Police and Criminal Evidence (PACE) codes last week. The new rules state that detainee searches must be conducted by officers or staff of the same biological sex unless the individual declares they are transgender. If a transgender detainee requests a search by an officer matching their "predominant lifestyle", the PSNI is required to try to find an officer of the opposite sex willing to carry it out.

The policy drew criticism from the TUV and Ulster Unionists because it did not explicitly protect officers from career detriment should they decline such a search. DUP MLA Paul Frew said his party had secured a supplementary note alongside the codes that makes clear officers who refuse to conduct an intimate search involving a transgender person will face no career detriment.

Mr Frew argued that the Justice Minister should have amended the codes to reflect a Supreme Court ruling that sex in law is based on biological reality. He described the failure to do so as wrongheaded and said it was for Ms Long to justify her inaction.

The Department of Justice said the interim position was adopted pending the outcome of a High Court case. The Equality Commission for Northern Ireland has applied for an advisory declaration on how the terms "sex", "men" and "women" should be interpreted under Northern Ireland equality law and Article 2 of the Windsor Framework, which incorporates EU law.

Minister Long stated that the guidance being followed by the PSNI comes from the National Police Chiefs’ Council and has been adopted by other UK forces. She emphasised that officers have the right to refuse any search without detriment to their careers, meaning the arrangement does not put them in an invidious position. The Justice Committee, including members who are gender critical, had supported the NPCC guidance.