Since 1804 the census has always asked "What is your sex". That question has always been answered without reference to any guidance except for a mere 1000 people who referred to some in 2011. /1
It's always been lawful to collect data on biological sex and it's always been important. In 2016 the ONS still was claiming that biological sex was "one of the most frequently used and important characteristics the census collects"... /2
.... and that it's "critical that the collection of information on gender identity for a small population does not jeopardise the quality of data collected on sex" for everyone else. /3
But the #Census2021 will break with the past and could see up to 500,000 trans people accessing novel guidance for the sex question allowing them to put their gender identity instead. /4
This is despite the addition of a new and separate question to capture information on gender identity. Gender identity gets counted twice, and sex gets muddled /5
The state recognises sex as what's on a birth certificate or GRC. It was recently confirmed, following extensive public consultation, that sex should not self-declared. Government decided this "Strikes the right balance" to retain "proper checks and balances in the system". /6
In contrast the ONS decides it will instead recognise sex as what's written on 'other' legal documents, all of which that can be updated without the 'proper checks and balances'. /7
Whatever 'other' legal documents such as passports show it cannot be 'sex'. The state can't recognise two sexes at the same time so if someone has different identity documents, they can't all be showing sex. /8
This ground-breaking change was based on a last-minute switch just 3 weeks before the census went 'live'. ONS was still telling stakeholders that sex would mean sex as late as the 28th Jan. /9
They have told us nothing about what and why things changed. That is not a robust process worthy of a £1 billion data collection exercise. /10
Withdrawing the Guidance now would restore consistency with all previous censuses, stops further data loss, and is the safer option. /11
Pressing ahead with novel guidance, under the shadow of doubts over its legality and evidence-base, is risky. /12
We will ask the high court to decide in a few days time.
On Tuesday 9th March we go to court backed by over 3000 ordinary men and women who together donated over £100,000 in just two weeks. /13
You can read more about why we must bring this legal challenge here /14
Initial reflections after the trans prison JR hearing
1) Good data collection matters - how can there be a workable policy on how to deal with transwomen with a GRC when the MOJ doesn't even know how many there are in prison. /1
2) Having a GRC is more than 'just admin'. MOJ says its a 'weighty matter' when it comes to making decisions about balancing risks
In essence, having a GRC enables a high risk male-born sex offender to get supervised association with women without their consent /2
3) This is the first time court has considered the interactions between the GRA2004 and EA2010 single sex exceptions. Turns out its not as straightforward as Stonewall has been telling everyone.... /3 🤔
So many red flags in this trans prison policy judicial review concerning bad data collection.
MOJ have no central list of exactly how many male-born trans are in the women's estate because they don't count the ones with GRCs. /1
If a prisoner doesn't disclose they have a GRC - and pretends the were born female - there is simply no way for prison authorities to prove any different /2
How can MOJ have a policy on a cohort of prisoners that they can't identify or count. /3
Discussions happening around whether a policy decision taken without knowledge of all relevant information can be lawful
Was it unlawful that SSJ approved the trans prison policy without being made aware than the single-sex exceptions could have been included/1
The trans prison policy does not allow for consideration of all relevant risks - the opportunity to assess whether excluding a transwomen from women's prison can meet the proportionately test /2
The need for the policy to avoid discrimination to female prisoners must be fully justified. Not just the need to house transwomen somewhere. /3
REVIEW OF DAY 1 OF TRANS PRISON POLICY JR
It was just a short afternoon of evidence today. Problems with the audio on the remote link meant that both barristers had to relocate into Court and join the two judges; Justice Swift and Justice Holroyde /1
Karon Monaghan QC set our the claimants case. This included extracts from the Fair Play For Women witness statement. This included the work we have done to obtain transgender prisoner statistics and the high rate of sex offending associated with that cohort /2
Fair Play For Women has engaged with MOJ as a stakeholder representative on behalf of women. As part of that work we attended a meeting in May 2019 to preview the new transgender policy /3
GOOD NEWS: Today we have received an order from the Court listing our case for next Tuesday (9 March).
We will be arguing for interim relief from the Court such that the ONS is ordered to immediately take down the Guidance pending judicial review /1
In that same hearing we will also be asking for permission to proceed to Judicial Review to declare the Guidance unlawful /2
Our primary and most urgent objective is make sure the Census runs without guidance that conflates sex and gender identity. This means the Guidance could be gone this time next week. Just 12 days before Census Day on 21 March /3