TODAY: @ONS must defend its decision to redefine the meaning of sex in the #Census2021 in the high court.
Follow #FPFWvONS for live twitter updates throughout the day. Proceedings start 10am Tuesday 9th March /1
This legal challenge is necessary because @ONS published unlawful Guidance to accompany the question "What is your sex?" on the #Census2021.
The ONS expanded the definition of sex to include self-declared gender identity. This means accurate data on birth sex gets lost /2
The Guidance was published on 12th February. Just 10 days before @ONS was due to start accepting census returns and just 5 weeks before Census Day on 21st March 2021.
We started legal proceedings within 7 days and just 27 days after publication @ONS are in the high court /3
This swift legal action was made possible by publicly crowdfunding over £100,000 in 2 weeks.
3259 ordinary women and men donated to ensure @ONS get held to account /4
We obtained legal opinion from barrister Tom Cross confirming ONS had acted unlawfully.
To bring the case at speed he has been assisted by barrister Naomi Cunningham of @legalfeminist.
Lead counsel in court will be top QC Jason Coppel.
Our legal team has been outstanding /5
The Fair Play For Women team has benefitted from the detailed knowledge & experience of the team at @mbmpolicy
Expert witness statements have been provided by @ProfAliceS who first raised concerns in Dec 2019 with 80 top social scientists & has held ONS to account ever since /6
Thanks also go to Colin Mills @OxSoc, Amanda Gosling @AmandaGosling3 and Michael Biggs for expert input /7
Our legal argument is simple. Census legislation does not grant @ONS the power to redefine 'sex' as it sees fit.
It is obligated to collect sex data on behalf of the state from every citizen in England and Wales. The definition of sex is a matter of law, not a matter for ONS /8
Today they must defend their unlawful policy decision in the high court
We seek permission to proceed to full judicial review to obtain a declaration of unlawfulness. We also seek an emergency order from court to force ONS to immediately remove their Guidance pending that JR /9
Win or lose we have secured a victory day. Against the odds and under immense time pressure we have succeeded in getting this issue heard in court before Census Day.
ONS will be held to account today. They ignored women and data experts but they cannot ignore the court /10
Today is a warning to all public bodies. Your policy decisions must work for women & girls. Your policy development work must show due regard to the protected characteristic of sex. Policy capture will damage your reputation. Sex matters /11
Judge: Mr Justice Swift
Defence Counsel: Sir James Edie QC
Claimant Counsel: Mr Jason Coppel QC
/1
Permission for live tweeting granted by the Judge.
Some IT technical issues delaying the start of the hearing /2
Claimants Counsel sets out the legal arguments.
Census law mandates citizens to answer "What is your sex" according to their legal sex (birth or acquired by GRC).
Guidance conflates and confuses the concepts of sex and gender identity /3
Everyone needs accurate data on sex in the census. It's important for the LGB & T communities too.
Accurate information on birth sex is important so it can be placed alongside the new voluntary question on sexual orientation /1
Ticking the box “gay or lesbian” necessarily requires accurate sex data to disaggregate the two distinct groups of gay men from lesbian women. Forms of discrimination against lesbians can be different from forms of discrimination against gay men, as can their health issues /2
We need good data regarding which young people are identifying as transgender and why most are now natal females. It will be of crucial importance for the ongoing independent review into gender identity services for children and young people led by Dr Hilary Cass /3
Census legislation imposes legal duties on respondents to the Census. One of these is that returns “must state” “sex”.
The sex question in #Census2021 is "What is your sex" /1
In contrast to questions prescribed by the Regulations about, for instance, national identity or ethnic groups, the question is not
“How would you describe your sex?”, or
“Which of the following best describes your sex?”.
It is: “What is your sex?”. /2
The meaning of “sex” is a question of statutory interpretation. It is not a question to be determined by the “expert judgement” or “evaluation” of the ONS on what data it thinks it “most useful” or “reliable” to collect. /3
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
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 🤔