Census (Return Particulars and Removal of Penalties) Bill [Lords]

(Limited Text - Ministerial Extracts only)

2nd reading: House of Commons
Wednesday 17th July 2019 Commons Chamber

[The Minister without Portfolio (Brandon Lewis)]

I beg to move, That the Bill be now read a Second time.

I am delighted to present the Bill, the purpose of which is simple: it will remove the criminal penalty for not responding to new census questions on sexual orientation and gender identity, which means that these questions will be voluntary. The Office for National Statistics recommended that these questions only be asked of those aged 16 and over and, importantly, that they be voluntary. The Bill enables that by following the same method used to make the question on religion voluntary in the Census (Amendment) Act 2000, which is by removing the criminal penalty for not responding to census questions on sexual orientation and gender identity.

Following consultations with the Northern Ireland Office and the Northern Ireland Statistics and Research Agency, we have extended the Bill to Northern Ireland. The Bill does not require either question to be asked in the 2021 census, but it does extend the voluntary nature of the questions should Northern Ireland decide to include either question in the 2021 census.

The 22nd national census is due to be carried out in March 2021, and that will be provided for by secondary legislation in the normal way. This Bill is distinct from that secondary legislation. It simply ensures that, in delivering on the White Paper’s proposals, the ONS can include these new questions on a voluntary basis. I want to make a couple of brief points on how that voluntary nature is guaranteed.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

I support the thrust of what the Bill is designed to achieve. However, many of my constituents are concerned that the Bill does not seek to achieve more wide-ranging change by allowing both Jains and Zoroastrians—both internationally recognised religions—to be properly recognised in the forthcoming census, which would end the historical under-reporting of the number of people who subscribe to those religions in the UK.

[Brandon Lewis]

I thank the hon. Gentleman for his point, but I would just say that everybody who wishes to identify, for example, as Jain in the census will be able to do so. They will be able to use the write-in option and a new search-as-you-type facility. The Jain populations are concentrated in a small number of local authorities, which we know, and the ONS has committed to work with local groups and organisations to ensure that anyone who wishes to identify as Jain knows how to do so.

First, the ONS has committed to ensure that the voluntary nature of the questions on sexual orientation and gender identity are made clear in its design for the census forms in England and Wales—both on the front pages of the forms, and alongside the questions themselves.

Secondly, respondents will be provided with a unique access code to the online census, and anyone aged 16 years and over will be able to request a code, or paper form if answering offline, who wishes to respond privately. This will enable people to answer the census, including these two questions, without having to tell the person completing the household form that they have done so. Any individual answers will override any submitted on the household form. That is vital to protect people’s privacy.

Thirdly, census confidentiality remains of the utmost importance. All personal data collected by the census will be stored confidentially and not released for 100 years. This Bill delivers on the White Paper’s proposals to include new questions on sexual orientation and gender identity in the 2021 census, and on a voluntary basis. I urge all Members to join me in supporting this simple and worthwhile legislation, and I commend this Bill to the House.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

It is a pleasure to wind up this debate. I thank the Opposition Front-Bench team for their support and their kind words; I was almost blushing at times during their speeches. I confirm that, as my right hon. Friend the Member for Great Yarmouth (Brandon Lewis) said when he opened the debate, anyone who wishes to disclose a particularly private matter will be able to apply for a number and make a separate census return that overrides the household census. That information, in a non-anonymised form, will be held for 100 years. I want to make it very clear that that opportunity will be available.

It is clear from the debate that there is strong support for the Bill, and there is widespread recognition of the importance of the census as an event. As you have confirmed, Madam Deputy Speaker, the Bill is designed solely to enable the next censuses in England and Wales and in Northern Ireland to ask questions about sexual orientation and gender identity on a voluntary basis. The Bill does not prescribe that those questions should be asked, or how they should be asked. That is a matter for secondary legislation, which Parliament will have the opportunity to scrutinise later this year.

On that subject, I recognise the passion with which some Members of the House—especially the hon. Member for Harrow West (Gareth Thomas) and my hon. Friend the Member for St Austell and Newquay (Steve Double)—support additions to the census. Those are matters for the census secondary legislation, rather than for this Bill, which is purely about making the questions voluntary rather than compulsory.

[Steve Double]

Leaving aside the question of Cornish identity, does the Minister not think that there is a case to be made for protecting national identity in law, rather than leaving it to the data and statistics of the ONS?

[Kevin Foster]

In deciding the questions for the census, the Government will be guided by the technical recommendations of the ONS. Of course, the House and Parliament will need to decide on the questions in the census via the orders that will be introduced later this year, but the Government will continue to be guided by the ONS.

[Gareth Thomas]

Will the Minister ensure that the orders to which he has just referred, which would allow the inclusion of questions about national identity and about Jainism and Zoroastrianism, are debated on the Floor of the House? If they are debated upstairs in Committee, the vast majority of Members are likely to be excluded.

[Kevin Foster]

I will come back to the hon. Gentleman after a discussion via the usual channels. We are talking about a hybrid order of a unique nature, some of which will be amendable and some not, but we will certainly make sure that that is discussed. I thank him for the constructive meeting that we had about his concerns relating to his constituency.

When it comes to Cornwall, I can understand why we had a religious story—not least because Cornwall is located next to God’s own county, Devonshire. We will have an opportunity to debate that further in secondary legislation, but the Government are guided by the ONS.

I turn to homelessness, which was one of the main issues raised during the debate. The ONS is working with stakeholders such as Homeless Link, Shelter and St Mungo’s to develop plans to allow those who are experiencing homelessness to take part in the census. That will include work around census day, because not everyone will necessarily be in a particular shelter on the evening of the census. It will also include engagement with those connected with the LGBT sector to make sure that the census is thorough and counts everyone in.

This is a very simple piece of legislation, which does not direct that any questions should be in the 2021 census; it merely sets out that questions on those two subjects should be answered on a voluntary basis. That will ensure that vital information on both issues is captured, but that no one is forced to disclose it if they do not wish to. I therefore urge colleagues to support the Bill, and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

CENSUS (RETURN PARTICULARS AND REMOVAL OF PENALTIES) BILL [LORDS] (PROGRAMME)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Census (Return Particulars and Removal of Penalties) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee of the whole House, on Consideration and up to and including Third Reading

(2) Proceedings in Committee of the whole House, any proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings in Committee of the whole House.

(3) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings in Committee of the whole House.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to other proceedings up to and including Third Reading.

Other proceedings

(5) Any other proceedings on the Bill may be programmed.—(Amanda Milling.)

Question agreed to.