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

Brandon Lewis Excerpts

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.