Government departments have questions to answer of the Census debacle. This was not an isolated incident caused by legal slip up by the @ONS. The unlawful guidance was advised and supported by many other public bodies /1
On Sunday 14th March on @BBCPolitics#marr we heard Sir Ian Diamond, Head of ONS tell us "It's a very simple question. What is your sex".
But, just days before, in High Court the @ONS was telling us it wasn’t a simple question at all. /2
Sir James Eadie QC was arguing for the @ONS that sex was an “umbrella concept” and such a “difficult question” that without guidance some people would be unable to answer it. He argued there were “5 concepts of sex” and that the definition of sex wasn’t “hermetically sealed” /3
Despite this apparent complexity @ONS was arguing that the case should be thrown out by the judge because the definition of sex didn’t really matter to anyone anyway /4
So how have we got to the point where “a very simple question” that has been asked since 1801 is now considered too “difficult” for people to answer without Guidance?
It is because Stonewall, the most powerful LGBT pressure group, says it is. /5
Not content with new questions in the Census on gender identity and sexual orientation, Stonewall muscled its way in as a stakeholder for the sex question too. /6
FOI requests reveal how Stonewall was imposing #nodebate from behind the scenes
“strongly recommend careful thought is applied to how the ONS can practically ensure that, depending on who is present at the roundtable, this is not a hostile environment for trans attendees” /7
With @ONS staff dutifully obliging and offering private meetings ahead of stakeholder events to hear more of their thoughts and concerns
"I fully empathise with your words that ensuring that a hostile environment is not created" /8
The following day all 20 attendees were informed by email that they would be allocated just 3 minutes each to briefly outline their position in turn. At the roundtable there was no “discussion” or free exchange of ideas among stakeholders. /9
Stonewall is a political lobby group and it has a clear and straightforward ideological agenda that gender identity should override sex in law and policy. Lobby groups lobby. That’s what it does. /10
The real problem is that the Stonewall agenda has now become embedded deep within organisations. The ONS was not alone thinking that “What is your sex?” is problematic and needs redefining. The unlawful guidance was advised and supported by many other public bodies /11
Cabinet Office (No10) is the government department responsible for the Census. They were an ‘interested party’ and so also submitted their own summary of grounds for contesting our claim against the ONS. /12
The minister for the Cabinet office (Michael Gove) sent a QC from the Government Legal Department (GLD) to attend the hearing on his behalf. The GLD also defended the ONS in court using its top QC, First Treasury Counsel. They brought the big guns out to defend this case /13
You might think that if there is one place where biology matters, it is in healthcare. Think again.
NHS England is a Stonewall champion /16
These government representatives have lost sight of reality. They have lost sight of their responsibility to advocate for policy that protects all citizens equally, and to adhere to the law.
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
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
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