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

Gareth Thomas 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.

[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.

--- Later in debate ---

[Steve Double]

I am grateful for that advice, Madam Deputy Speaker. I am raising this because I think that the Bill is an opportunity to address an issue that otherwise may be missed, but I take your point and will seek to wind up my comments quickly.

[Gareth Thomas]

Back Benchers should stick together and, therefore, I strongly support the hon. Gentleman’s desire to amend the Bill to enable a longer debate about Cornish identity being included in the 2021 census. If I am sympathetic to him, will he be sympathetic to me and help me to find a way to amend the Bill to ensure that Jains and Zoroastrians, who are recognised as world religions by the United Nations—not merely by the Council of Europe, which he prays in aid—also have their concerns properly recognised?

[Steve Double]

I understand the hon. Gentleman’s point, but I return to the fact that I think that the Cornish case is unique, in that within the UK, it is the only national minority identity that is not being included as a tick-box on the census.

--- Later in debate ---

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

I have been inspired to speak in the debate by the contribution of the hon. Member for St Austell and Newquay (Steve Double). I agree with him about two things. The first is his strong support for the Bill; as I indicated in my two interventions on the Front-Bench spokesmen, I think they are right to bring in and strongly support the Bill. I also echo the praise from the hon. Member for St Austell and Newquay for the tremendous job of work that the Office for National Statistics and all its staff do. However, I share his frustration that, with one or two questions that have faced the ONS in preparing for the 2021 census, its temptation has been to see them as a little local difficulty and perhaps not to take them as seriously as it might. I recognise that concern.

At the beginning of his remarks, the hon. Gentleman retold the Christmas story in his own unique way—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I have made it very clear that this is a very narrow Bill. I have allowed considerable leeway, and I have allowed the hon. Member for Harrow West (Gareth Thomas) to make three very long interventions—[Interruption.] Oh, was it only two? I have allowed him to make two very long interventions, because I thought that he was not going to make a speech. Now he is making a speech on a subject that I have said is not within the scope of the Bill. I hope that he will not seek to go further down that line. The Bill is about sexual orientation and gender identity.

[Gareth Thomas]

For the record, Madam Deputy Speaker, I was not querying the number of interventions that you were gently chastising me for, but merely the accusation that they were long. I thought that they were entirely appropriate points to make.

Finally, I hope to follow the inspiration of the hon. Member for St Austell and Newquay in looking for an opportunity, perhaps on Report or in Committee, to explore the under-representation of Jains and Zoroastrians in the census.

--- Later in debate ---

[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.