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

Christian Matheson Excerpts

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

[Christian Matheson (City of Chester) (Lab)]

I thank the right hon. Gentleman for his introduction, and I also thank the Parliamentary Secretary, Cabinet Office, the hon. Member for Torbay (Kevin Foster), for his willingness, once again, to work with me and our side openly on this important legislation, which is greatly appreciated. I have to note, when I look across the Atlantic and see the difficulties the racist President Trump is having about his citizenship question in the United States census, that the Minister here has surely shown how to get a census Bill through the House by working, as they say in the United States, across the aisle.

The aim of this Bill is to provide for voluntary questions on sexual orientation and gender identity to be asked in the England, Wales and Northern Ireland censuses. Crucially, this Bill renders questions concerning gender identity and sexual orientation voluntary, as the right hon. Gentleman has outlined. I think we can all agree that it would be totally inappropriate to compel someone to answer a deeply personal question about their sexuality or gender identity in the census. However, at the same time, these are vital questions that reflect better the modern UK and how we address the needs of a long discriminated against section of society.

Labour supports this Bill on the basis that any census must be LGBT+ inclusive. Recognising gender identity and sexual orientation as core aspects of personal identity in official statistics is a step forward in the fight for LGBT+ equality. It gives individuals the opportunity to identify themselves however they choose in this important civic event. Indeed, the Opposition support this change as a point of principle. This tick box clearly demonstrates that, as a society, we value LGBT+ inclusivity. As a party, we have always fought for minority rights. Progressive equality legislation is part of Labour’s history. Labour brought in the Equal Pay Act 1970, the Sex Discrimination Act 1975 and the Equality Act 2010, and we introduced the minimum wage and Sure Start. We support this Bill in the spirit of inclusivity and equality, strengthening a proud history within Labour of fighting for minority rights.

This change is not only symbolically important, but practically necessary. Gathering the required data to properly understand and support the LGBT+ community is vital. Information derived from the census helps us to inform policy, plan services and distribute resources effectively to local government and health authorities, and enable these resources to be directed where they are needed.

Of paramount importance is the acquisition of accurate data to address inequalities facing minority groups. Accurate data about the size and characteristics of the LGBT+ community are currently severely lacking. Small-scale surveys struggle to grasp the whole picture, producing significantly varied estimates of the size of the LGBT population. Without an accurate picture of the size or nature of any minority community in society, how can we provide the necessary targeted support and services they need?

We are talking about a community that is in particular need of support: LGBT+ people have worse mental and physical health outcomes on average than the rest of the population. In particular, suicide rates for gay and bisexual youth are significantly higher than for their heterosexual counterparts. It is not just the youth who are suffering; older LGBT people suffer disproportionately from social isolation and a lack of social support networks. It is only through accurate data about minority populations that agencies can begin to properly address the inequalities faced by LGBT people. The census has the advantage of being a whole-population count and can therefore build a representative and accurate picture of the whole country.

Privacy is always a matter of concern when discussing these topics. I commend the work that has been done by the Parliamentary Secretary, his officials and the ONS to consider people’s privacy when a family member is completing the census form. Any member of a household will be able to request their own individual census form if there is information they do not wish to disclose to the householder, such as gender identity, sexual orientation or a change of religion. These are clearly issues that we must be aware of and sensitive to when carrying out a census.

Labour has a proud record of championing the fight for LGBT equality. We abolished section 28, equalised the age of consent and created civil partnerships, and it was with Labour votes that equal marriage became law. The Opposition are committed to taking radical steps to improve inclusivity in our society. The inclusion of a gender identity box in the census is an important step in this direction, but there is still a long way to go, particularly in the area of LGBT inclusivity. We are still not free from bigotry as a society. Issues such as lack of education, unequal access to public services and levels of LGBT hate crime and mental health remain barriers to full equality.

By way of illustration, recently in my own county, Bob Fousert, the chair of the police and crime scrutiny panel, attacked our deputy chief constable, Julie Cooke, for wearing a rainbow lanyard in support of LGBT rights. He said it was a political statement. Well, if standing up against hate crime is a political statement, then yes, it was a political statement. His appalling comments were condemned, including by David Keane, the police and crime commissioner. I wrote to Deputy Chief Constable Cooke, who leads nationally for the police on LGBT issues, to offer my support. Mr Fousert had to resign as chair—and good riddance. I recount this story because, in the same week that those comments were made, there was a well publicised attack on a lesbian couple on a bus in London and a vicious homophobic attack in Liverpool. We may have made progress in the last couple of decades, but we are not there yet.

The Opposition have been calling for a particular focus in this census on homeless LGBT+ communities. The position of LGBT+ homeless people warrants particular attention in this discussion, not least given the shocking statistic that up to 24% of the youth homeless population are from the LGBT+ community. Clearly, we are far from solving the issue of LGBT+ discrimination. Young homeless people continue to be one of the most disenfranchised and marginalised groups in society, but young LGBT people are particularly isolated. The Albert Kennedy Trust reports that LGBT homeless youth are highly likely to have experienced familial rejection, abuse and violence, leading to their state of homelessness. In many cases, homophobia is the reason why they became homeless. LGBT+ homeless people are regularly at the receiving end of shocking levels discrimination and abuse.

Homelessness in any form makes people more vulnerable to other risks, such as mental health problems. The unprecedented rise in homelessness under the current Government is a national disgrace, yet more and more people continue to be forced on to the streets by the Government’s policies—from welfare cuts to a lack of investment in social housing. Homelessness charities have reported a rise in homelessness of up to 169% since 2010. The Government hold a direct responsibility for the perpetuation of this national crisis. It is time the Government looked to the root causes of rising homelessness, and invested in more affordable homes and stronger rights for renters.

What is more shocking is the direct ramifications that austerity cuts have had for the LGBT+ voluntary and charity sector, given that public funding provides such a large proportion of overall income. This in turn further isolates LGBT homeless people. Not only do the Government need to support specialist LGBT services to allow greater access to more safe, accessible and affordable accommodation, but, above all, to fight for wider recognition of the issues that LGBT homeless people face.

Labour has pledged to tackle the bullying of LGBT young people by ensuring that all teachers receive initial and continuous training on LGBT issues experienced by students and how to address them. Furthermore, we fully support changes to the new guidance for relationships and sex education to ensure they are LGBT inclusive. Therefore, we believe that this census must make a particular effort to give LGBT homeless people the opportunity to contribute to this important civic exercise. Their inclusion will enable us to build an accurate picture of the number of people from the LGBT community living without a permanent address. It is only through an awareness of the scale of the issue that support and aid can be effectively targeted towards the most vulnerable communities.

Furthermore, there is a particular danger that all homeless people, whether rough sleepers, sofa surfers or, especially, LGBT+ people, could be undercounted. There must be a particular effort by the ONS to ensure that those communities are reached on the day of the census. There are dangerous consequences of an undercount, which would play into the hands of those who would prefer to ignore the LGBT+ community and reverse progress towards equality.

[Gareth Thomas]

My hon. Friend is making an extremely good speech, which I strongly support. Will he join me in encouraging the ONS to look again at the representation of Jainism and Zoroastrianism in the religion section of the 2021 census? Notwithstanding the slight movement in progress alluded to by the Minister without Portfolio, the right hon. Member for Great Yarmouth (Brandon Lewis), in relation to the provision of a drop-down box, there is a genuine concern among the leaders of both faith communities that there will continue to be a significant under-reporting of the number of Jains and Zoroastrians living and adhering to their faith in the UK.

[Christian Matheson]

My hon. Friend has been pushing this issue with perseverance and resilience. Representations have been made to the Minister by those and other religions and ethnic groups. It may well be that this issue is considered in Committee or on Report, or, if it is not included in the scope of the Bill, then later on when we come to the census. I look forward to reading any proposals my hon. Friend brings forward.

Returning to the homeless count, I am grateful to the Minister for assurances that the ONS will work with organisations representing LGBT people and charities, to locate hard-to-reach communities and ensure they are given the opportunity to complete the census. I understand that the ONS is organising both national and local campaigns to highlight that everyone in England and Wales should complete the census. Community engagement programmes will allow field teams to specifically target hard-to-reach communities and help minority groups with census completion.

Working with stakeholders throughout this process is vital, particularly when it comes to drafting specific questions for the census. The drafting of the questions and the accompanying guidance must be subject to extensive consultation with a wide range of stakeholders from across the LGBT community and women’s groups. I understand that my noble Friend Baroness Hayter made that important point via an amendment in the other place.

We are pleased to support the Bill, which is a step forward in the fight for LGBT+ recognition, and to ensure that the mirror we hold up to ourselves in the form of the census portrays an accurate reflection of all parts of our nation. It is vital that thorough consultation follows the passage of the Bill to ensure that these words are carried forward into action. Given the richness and range of data provided by a survey of this size, the 2021 census provides us with an exciting opportunity to gather accurate data about minority communities, and to plan services and distribute resources accordingly.

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

Christian Matheson Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Monday 7th October 2019 Commons Chamber

The High Court has accepted a judicial review claim from the Sikh community, with a hearing in November. Agreeing to include a Sikh ethnic tick box in the census will mean the Government do not have to contest the claim, and gives a clear commitment to the Sikh community that they are committed to addressing inequalities and ensuring that public bodies are clear that no further discrimination should take place. I will continue to campaign for that, and I hope the Government will join us in righting this wrong today by accepting the new clause.

[Christian Matheson (City of Chester) (Lab)]

May I speak briefly to new clause 3, in the name of my hon. Friend the Member for Hemsworth (Jon Trickett)? It calls for the Minister and the Office for National Statistics to produce a report on the important issue of homelessness and particularly to ensure that people who are homeless have the opportunity to answer questions about gender identity and sexual orientation in the census. I was pleased to receive a letter from the Minister just this morning detailing exactly what was asked for in new clause 3. As such, it is not our intention to press it any further, and I am grateful to the Minister for his actions in that regard.

Let me turn now to new clause 2, which was moved so eloquently by my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill). As she said, it would further enhance the data gathered about minority ethnic groups in society and would help us to understand the discussion about creating a Sikh ethnic tick box. I had thought that this was a contentious proposal, but my hon. Friend’s eloquent and comprehensive contribution put that incorrect view firmly in its place. In fact, she tells me that as many as 80% to 85% of Sikhs have expressed a desire to have this tick box.

[Eleanor Smith (Wolverhampton South West) (Lab)]

Why is the ONS ignoring the legal status of the Sikhs as an ethnic group and continuing to discriminate against them by refusing to include a tick box despite evidence of cross-party support?

[Christian Matheson]

It is Labour’s hope that the ONS will listen to the case put by my hon. Friend the Member for Birmingham, Edgbaston, and I will deal with that in a moment.

The campaign for an ethnic tick box turns on the recognition of Sikhs as an ethnic community by law, and many in the Sikh community feel that individuals should be able to identify as ethnically Sikh in the next census to ensure a more accurate picture of the community. The primary concern, as my hon. Friend stated, is that public bodies do not currently have enough information about Sikhs. I found the homelessness figures to be shocking and was unaware of the situation. More data would help inform the approach of the education, health, local government and business sectors towards the Sikh community. It is important to target services effectively, so data about such minority groups is vital because underreporting could allow discrimination to go unnoticed.

Labour fully supports the campaign by my hon. Friend and the all-party parliamentary group, which has been tireless and persuasive in pressing for a change so that the census includes a section on ethnic identity, with an option to choose being a Sikh. Indeed, to respond to my hon. Friend the Member for Wolverhampton South West (Eleanor Smith), I believe that there is not only legal precedent in this matter, but a pending court case that will seek a judicial review of the ONS’s decision.

However, in conversations with the Minister outside the Chamber, he convinced me that this particular Bill might not be the appropriate vehicle for that matter to be addressed, so I ask him to address that concern in his contribution. I understand that today’s Bill is concerned only with the section of the census relating to sexuality and gender identity. Will the Minister explain how the way in which new clause 2 is worded may cause difficulty for that section? Will he also address the view presented by the ONS that questions on gender, identity and sexual orientation may not be included if new clause 2 is passed at this stage?

I hope that the ONS listens carefully to the campaign of my hon. Friend the Member for Birmingham, Edgbaston, because the discussions around having a Sikh tick box within the overall question on ethnicity may have been going on for 20 years and will not go away anytime soon. The sooner we can resolve the matter to the satisfaction of the Sikh community, the sooner we can get things right.

[Kevin Foster]

I thank the Members who have contributed to the debate. The hon. Member for City of Chester (Christian Matheson) said that he would not press Labour’s new clause 3. I am glad that the Labour Front-Bench team found the letter of interest and that it answered their concerns. From conversations with the ONS, I know that it is keen to ensure that everyone is counted in terms of the homeless community, that outreach work is done and that special measures are put in place to try to ensure as many people as possible fill in the census form. The Labour Front Bench raised the particular issue of those in the LGBT community who may be affected by homelessness in a different way and have a fear of it that differs from the rest of the community. A very worthwhile issue was brought up. I was therefore only too happy to send the letter, rather than wait until tonight. A copy of that letter has been placed in the Libraries of both Houses if Members want to consult the Government’s comments.

Turning to the substance of the debate, new clause 2 was passionately moved by the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill) and it confirms the importance of ensuring that the 2021 census provides detailed information on our society, and especially the Sikh community. The Government will be guided by the advice and recommendations of the Office for National Statistics, which has advised that the new clause’s effect can be achieved through analysis of information collected under its existing proposals for the 2021 census.

Most importantly, the new clause is potentially damaging to the integrity of the census and threatens the inclusion of a question on gender identity, which would be counter to the whole aim of this Bill. For clarity, the new clause would not make any changes to the proposals for a question on sexual orientation; it would make changes only to the question on gender identity. Under the ONS’s existing proposals for the 2021 census, it will already be possible to produce statistical information about gender identity within different ethnic and religious groups.

As in previous censuses, there will continue to be separate questions on ethnicity and religion, and the data from the ethnicity, religion and gender identity questions can be analysed to provide detailed information on gender identity across different cross-sections of the population.

--- Later in debate ---

[Christian Matheson]

We learn something new about procedure every day in the House—and I say that having been here for four and a half years.

I return the Minister’s compliments. He has worked openly with me and my colleagues on this important piece of legislation, which represents a positive step forward for LGBT+ rights in the UK. The Opposition proudly support the Bill, building on a long Labour party legacy of defending minorities and fighting for equality. As the Minister says, it will provide for voluntary questions on sexual orientation and gender identity to be asked in the England, Wales and Northern Ireland censuses.

Consideration of the Bill has seen Members make welcome points about the recognition of minority and ethnic groups. I pay particular tribute to my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill) for her continued and tireless promotion of the questions we have discussed about the inclusion of Sikhs in the census.

It is vital that the Bill is passed and that work begins promptly on consulting a wide range of stakeholders across the community. Particularly at a time when the LGBT+ community continues to face widespread abuse, the inclusion of the tick boxes in the census is significant both practically and in principle. I should like to pay tribute to the work of Dr Laurence Cooley, the Economic and Social Research Council research leader, and lecturer in the School of Government and Society at the University of Birmingham. His research, which was published by the London School of Economics, outlines the dangers of an under-count of the LGBT population and the detrimental impact that that could have on the fight for full LGBT equality. On Second Reading, I cited some of Dr Cooley’s work without giving him the necessary credit, simply because that was knocked out for some reason from one iteration of the speech to the next. I apologise to him, and thank him for the gracious way in which he let me know that I was citing his work. Academics earn their living by informing public policy and by producing research that informs other work, and I am pleased to pay tribute to him.

The Minister has kept my colleagues and me informed about progress ensuring the participation of homeless people in the census. I pay tribute to him again for the letter that he has sent the shadow Chancellor of the Duchy of Lancaster, my hon. Friend the Member for Hemsworth (Jon Trickett), tonight, and which he is going to put in the House of Commons Library. Hopefully, we will meet staff and officials from the Office for National Statistics to discuss their work with charities and outreach programmes. We have seen reports that a record number of homeless people died last year—the biggest increase in deaths since reporting began.

LGBT+ homeless people warrant particular attention in this discussion, not least given the shocking statistic that up to 24% of the youth homeless population are from the LGBT+ community. Clearly, we are far from solving the issue of LGBT+ discrimination, but I hope that measures included in the Bill will give us the statistics and therefore the tools to help us solve that.

We still have a long way to go. The abuse suffered by LGBT individuals across society is shocking. Indeed, any abuse is shocking, but I hope that as the Bill becomes law and we prepare for the census we will be able to reflect better the society that we seek to represent, and that the mirror that we hold up gives us an accurate representation. I support Third Reading of the Bill.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I pause in case anyone has an inspirational contribution to make. [Interruption.] No.

Question put and agreed to.

Bill accordingly read the Third time and passed without amendment.