Census (Amendment) (Scotland) Bill: Stage 1

Part of the debate – in the Scottish Parliament at on 28 February 2019.

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Photo of Annabelle Ewing Annabelle Ewing Scottish National Party

As a member of the Culture, Tourism, Europe and External Affairs Committee, I am pleased to have been called to speak in this stage 1 debate on the Census (Amendment) (Scotland) Bill.

As we have heard, the bill is very short, with three sections on one page. Notwithstanding that, it has—as we have also heard—generated quite a lot of discussion, given the wider issues that have been raised were not intended to be within the scope of the bill.

Before I turn to some of those wider issues, it is important that I focus at the outset on the purpose of the bill. Its purpose is to ensure that certain questions can be answered on a voluntary basis in the next census, which is scheduled for Sunday 21 March 2021. Indeed, it is the desire to make answering the questions voluntary that triggers the need, paradoxically, for primary legislation.

In the bill as drafted, the questions concerned relate to gender identity and sexual orientation, as we have heard. It was felt that, in the interests of privacy and because of potential sensitivities, it would be best to pose the questions to be answered voluntarily. As we have heard, there has been widespread support for that approach from a range of public bodies, the Law Society of Scotland, various equalities organisations and others. It is worth noting that, when a question on religion was introduced for the first time in the 2001 census, it was included to be answered on a voluntary basis, as we have heard. Therefore, there is precedent for the approach.

Where the bill has generated rather more discussion, that discussion has resulted from what can be regarded only as confusing—if not technically defective—drafting. Specifically, there is a reference to amending the relevant schedule to the Census Act 1920 by inserting the words “including gender identity” after the word “sex” in respect of what broad subject headings questions can be asked on. It was flagged up that that conflates gender identity with sex. Further to the concerns that have been raised, the committee has sought clarification that the bill will be amended at stage 2 to delete that confusing reference. I am pleased to note that, in her evidence, the cabinet secretary agreed to reflect specifically on that point.

That initially flawed approach, together with some rather precipitate comments in the policy memorandum about decisions that will be for the Parliament to make in due course, in respect of the subsequent census draft order, have led to a wider discussion about the binary nature of sex and the mandatory sex question in the census. The mandatory question is not within the scope of the bill.

Evidence was received in that regard from a number of people and organisations, and various points were raised. Evidence was received on the scientifically grounded theory of human sexual dimorphism, and evidence was received that reminded the committee that sex is a protected characteristic under the Equality Act 2010, and highlighted that conflating sex with gender identity is a social construct that is becoming more widespread. Dr Kath Murray commented on the impact of that trend. She stated:

“This blurring, which has the effect of changing what it means to be female, has implications for the protection of women’s rights.”

I am afraid that, in four and a half minutes, I cannot go into the wider issues that the evidence raised.