Meeting of the Parliament 12 June 2019
I thank all the organisations that kindly sent briefings ahead of the debate. It is only right that the census reflects the views of modern-day society, which is why I will support the bill at stage 3 today.
Things have moved forward since stage 1, and I am pleased to see that clarity has been provided during stage 2 on how questions on sexual orientation and gender identity will be formatted. I welcome further engagement on the wording of such questions, and the fact that the Parliament will have the opportunity to consider future questions once they are finalised.
The census is no insignificant task. Completed every 10 years—the next one is scheduled for March 2021—it gives us a complete picture of the nation, providing information that is needed by Governments in the UK to develop policy, plan and run public services, and allocate funding.
The census provides an opportunity to build on existing data so that public authorities can fulfil the public sector equality duty and consider the full needs of protected groups under the Equality Act 2010. Times have moved on. More and more people are openly identifying as LGBT, and it is only right that the census reflects that. The bill will allow National Records of Scotland to alter the current census to vary the questions it asks, resulting in the inclusion of questions on prescribed aspects of gender identity and sexual orientation.
It goes without saying that that all needs to be done with care and consideration. After all, the purpose of the census is to collect data that is accurate and reliable. Questions should be clear and straightforward, and given the need for individuals’ privacy, they should be answered only on a voluntary basis without the threat of penalty. We have to understand that not everyone will feel comfortable with providing the information, and that in homes where the form is being completed by the head of the household, young people in particular may not want to disclose their sexual orientation or gender identity. I am therefore pleased that those questions will be voluntary, and that National Records of Scotland has committed to ensuring that individuals can submit a private response to the census to replace any response submitted on their behalf.
I am also pleased that, at stage 2, the cabinet secretary altered the bill to place trans status and history as an entry on their own, alongside religion and sexual orientation, removing concerns about the perceived conflation of gender and sex.
It is reassuring to see that NRS worked with the Equality Network and others on the specific text of the amendments before they were lodged and that no issues were raised with stakeholders, including the women’s groups that provided evidence at stage 1. Significantly, it is also welcome that, given that the actual inclusion or wording of any such questions is not within the scope of the bill, that will be subject to further engagement with NRS and stakeholders.
I am also reassured by the fact that the Scottish Parliament will have the right to consider and reject a future question should it see fit, meaning that all evidence can again be duly considered.
I reiterate my support for the bill at stage 3. This is a short but much-needed bill that will allow the census to reflect modern society. I hope that, by passing the bill, we can build on existing equality data and assist public authorities in fulfilling the needs of protected groups.
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