Census (England and Wales) Order 2020

Lord True Excerpts

Tuesday 12th May 2020 Lords Chamber

Moved by

[Lord True]

That the Virtual Proceedings do consider the draft Census (England and Wales) Order 2020.

The Motion was considered in a Virtual Proceeding via video call.

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[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, in moving this Motion, I declare an interest as a member of the Society of Genealogists. In fact, last night I looked at the 1891 census online, which illustrates that a population census has been taken across the UK every 10 years since 1801, with the sole exception of 1941.

Subject to the approval of the House, this draft Order in Council provides for the 22nd census of England and Wales to take place on Sunday 21 March 2021. The draft order was laid before both Houses on 2 March 2020, under the provisions of the Census Act 1920. It prescribes the date of the census, the people to be counted, the people responsible for making a census return, and the information to be given in those census returns.

Under the terms of the Census Act 1920, delivery of the census in England and Wales is the statutory responsibility of the UK Statistics Authority and its executive arm, the Office for National Statistics. The draft order gives effect to the independent recommendations of the Office for National Statistics set out in the December 2018 White Paper, Help Shape Our Future: The 2021 Census of Population and Housing in England and Wales.

The ONS’s recommendations for the 2021 census have been informed by an extensive programme of consultation, research and engagement. Comparability of data between censuses is important, so the majority of questions will remain the same as in 2011. New questions or response options are included only after research and consultation that provide compelling evidence for their inclusion. For 2021 there will be new questions on past service in the Armed Forces and new voluntary questions on sexual orientation and gender identity for those aged 16 and over.

The Census (Return Particulars and Removal of Penalties) Act 2019 enables two of the new questions, those on sexual orientation and gender identity, to be asked on a voluntary basis. As confirmed during the debates on that Act, the census questionnaires will clearly indicate which questions are voluntary, and the form of those questionnaires—both the online and paper versions—will be prescribed by law in the census regulations that will be made following this order. I express my thanks to noble Lords for their support for the Act during the debates in this House, and particularly to my noble friend Lord Young of Cookham for steering the legislation through the House.

This draft order is subject to a composite procedure. Under the terms of the Census Act 1920 the order is principally subject to the draft negative procedure, but some questions—those printed in italics in the draft order—may be included in the census only if they are approved by affirmative resolutions of both Houses. Unusually, questions subject to the affirmative procedure may also be amended by Parliament, if agreed to by both Houses. I express my thanks to the Secondary Legislation Scrutiny Committee, whose 9th Report of this Session set out clearly the special procedure for this statutory instrument.

Noble Lords will be aware that this draft order was debated last week in the House of Commons, and that the Motion was approved by that House without amendment. There was considerable focus in the Commons debate on tick-box response options that have not been recommended by the ONS; notably, Cornish national identity and Sikh ethnicity. As my honourable friend the Minister of State, Chloe Smith, was clear to emphasise, it is absolutely no reflection of the ONS’s or the Government’s recognition of or respect for any ethnicity, religion or national identity that it does not have a specific tick-box response option on the census. It is simply not possible to include a tick box on the census for every group that has asked for one: to do this would make the census forms, whether paper or online, long, cumbersome and confusing.

For the ethnicity question alone the ONS received 55 requests for new tick boxes and, as I am sure noble Lords will understand, it is necessary to prioritise what is included in the questionnaire. This the ONS has done through an extensive programme of consultation, research, engagement, testing and assessment. People will be able to record their ethnic group, religion and national identity however they wish in the 2021 census, including as Cornish, using the write-in boxes. An online search-as-you-type functionality will assist people in answering these and other census questions. There will continue to be a specific Sikh response option in the census question on religion. Despite being a voluntary question, the response rate on the religion question is very high—over 92%—and the ONS is confident that religion data from the census will provide high-quality data for public bodies to inform service provision and equalities monitoring.

The 2021 census aims to be the most inclusive ever. For the first time it will be predominantly online, making it easier for people to take part when and how they want. Paper questionnaires will, however, be available for those who need or prefer to complete the census this way. There will be a wide range of help, including a contact centre offering support through various channels and services to assist people with hearing or speaking impediments. There will also be a large-print version of the paper form, language support and translated materials, and information in Braille or British Sign Language for those who may not otherwise be able to complete the census. There will be national and local promotional campaigns to encourage and help people to complete the census. This will include work with community groups, by field staff on the doorstep, and through face-to-face assistance at completion events that will be arranged, where possible, in local settings such as libraries.

To be successful in its aims, the census relies on the willing support and participation of the public, on whose behalf the information is collected. Key to this is trust that people’s personal data will not be disclosed in ways they do not wish it to be, whether deliberately or accidentally. It is made clear to respondents that their data is protected in law, and leaflets to accompany the census form sets this out in more detail.

The ONS is working with the National Cyber Security Centre to ensure that processes and systems for collecting or handling census data are secure, and appropriate measures are in place to prevent unauthorised access. Census security will adhere to, and where possible exceed, the minimum set of cybersecurity standards. The information collected during the census is held by the ONS for 100 years, and by law data can be used only by the ONS for statistical and research purposes. Personal census data cannot be used to make decisions about individuals.

It is clear from useful and informed discussions with noble Lords ahead of today’s debate that there is a great deal of interest not just in the next census but in the future of the census, and in particular the question of whether this will be the last traditional census. The census is the most important source of statistics about the population available to us. It is currently the only data collection that provides accurate and reliable information about populations at a local area level. It provides the underlying information needed to inform a wide range of policy decisions, and it is used extensively to plan services and allocate funds to local areas, but it is only carried out every 10 years. Decision makers need information more frequently, to understand the changing nature of the population. The 2021 census is part of a £900 million programme of work by the ONS to transform the system of population and social statistics, making greater use of data already held by government for administrative purposes. This wider work programme will also inform whether, beyond 2021, the traditional census will remain the most appropriate way of collecting vital population data, or whether census statistics could be replicated in other, quicker ways using administrative data.

That is a debate for the future. In 2023, the National Statistician will make a recommendation on the future of the whole system of population and social statistics, including the census, based on the progress of this programme. I am sure that the House will take a great interest in that when the time comes.

The draft order before us today is concerned with the census in England and Wales. Noble Lords will be aware that the Scottish Parliament and Northern Ireland Assembly have approved census orders for Scotland and Northern Ireland respectively. Together, these three statutory instruments allow a census to take place across the UK at the same time next March. This draft order is the first of two statutory instruments needed for the census to take place. Subject to the approval of the Order in Council, the Government will bring forward census regulations for England. These will set out the final questions and govern much of the operation of the census. Separate regulations for the census in Wales will be laid before the Welsh Parliament by the Welsh Government. The regulations will describe the content and functionality of the online forms for this first predominantly online census and will also contain copies of the corresponding paper questionnaires.

The census is unique in the insights it provides into our nation and the data it provides to support policy-making. The proposals for the 2021 census set out in this draft order will provide the data needed to inform policy and planning decisions across our national and local public services and enable national and local government, community groups, charities and businesses to better serve communities and individuals across the country. I beg to move.

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[Lord True]

My Lords, it is customary to say that we have had a wide-ranging and excellent debate, and of course that is true, particularly on this occasion. It has been a fascinating debate to me personally and I am grateful to many noble Lords, starting with the noble Lord, Lord Clark, and others, including my noble friend Lord Young of Cookham and the Baroness, Lady Hayter of Kentish Town, for saying how important the institution of the census is over the long term in enabling an understanding of the familial and social development of communities and of the whole country. Both in the past and now in the present, it is an enormously valuable historical resource. As an historian, I freely acknowledge that. Indeed, I am sure that when the 1921 census comes to be published, one of the interesting things to look at will be the impact on the nation of the Spanish flu epidemic as well as that of the Great War between 1911 and 1921.

I said that in 2023 the National Statistician will publish recommendations based on views about the future of the census in light of the experience of the census that we are about to conduct, and indeed past experience along with other data and relevant material. Your Lordships will have ample opportunity, as will the other place, to consider those recommendations. The Government of the day will give them careful consideration, and I am sure will reflect on the unique nature and value of the census over time. As I said in my opening remarks, that really is a debate for another day, although I believe that all those who read this debate will note the sentiments that have been expressed by many who have spoken.

Questions were asked by the noble Lord, Lord Mann, and others about whether any contingency consideration is being given to the current pandemic that we are dealing with. Census day—21 March 2021, obviously—is still nearly a year away, and currently the Office for National Statistics is working to deliver the census as planned. Like any other part of the Government, the ONS will be guided by the scientific evidence and the evolving advice from medical experts. At the same time, therefore, we are considering the contingencies that may be needed if measures to contain the spread of Covid-19 remain in place or indeed again become necessary in the run-up to census day itself. That is a matter of which those who are involved are aware. The situation, as noble Lords will know, is evolving and we will be guided by medical advice as it emerges.

The noble Lord, Lord Wallace, made important remarks about data more generally, many of which I agreed with. He asked specifically about the national data strategy, the potential involvement of Parliament and parliamentarians in the evolution of that strategy, and the debate generally about the use of data—something that is obviously extraordinarily important to being an effective modern economy and society in the future. The position, as the noble Lord recognised, is that because of the coronavirus pandemic progress has been delayed, but I assure him that it remains the Government’s intention to publish the national data strategy in 2020. I will endeavour to keep him and other noble Lords informed as to progress.

The question of identity has come up in this House and in the other place. I underline the abounding respect and admiration that this Government—and, indeed, I believe the whole nation—have for the Sikh people and the Sikh religion, faith and values. The Sikh community is an embedded and enormously valued part of the British nation. Even today, we have heard conflicting views on whether the ONS has made the right call in respect of the questions in the census. The noble Baroness, Lady Hayter, and others spoke strongly in one direction, while the noble Lord, Lord Singh of Wimbledon, and indeed the noble and right reverend Lord, Lord Harries of Pentregarth, spoke in the opposite direction.

The ONS has to reach a balance, and the tick-box options set out in the order have been informed by its very extensive programme of research, consultation and engagement, which has gone on for over three years. As I said in my opening statement, more than 55 requests were made for tick boxes under the ethnic group question alone. There is already a Sikh tick box for the religion question, and the ONS concluded that the needs for data on Sikh communities can be met without the addition of a Sikh ethnic tick box.

The 2011 census and subsequent research show that the religion and ethnic group questions capture similar Sikh populations. The number of people using the write-in option, which will exist in this census, to record Sikh as their ethnic group has been referred to. In 2011 the ONS promoted the ability to use that write-in option, and 83,000 people used it to write in their ethnicity as Sikh—but 92% of those also identified their religion as Sikh, and more than 423,000 people in England and Wales identified their religion as Sikh in 2011.

Qualitative research that the ONS commissioned on the acceptability, clarity and quality of the tick boxes showed that the inclusion of a Sikh ethnic tick box without other religions also having an ethnic tick box or tick boxes was viewed as unacceptable, particularly among younger, second-generation participants. The ONS has offered to work with members of the Sikh population to encourage wider participation in the census and to raise awareness of the option of writing in their identity in the ethnic group question. I hope Members of the House will help the ONS in this effort.

A question was asked about the Welsh language; the noble Lord, Lord Wigley, and others referred to this. I understand the point he made that it is important for the Welsh Government to understand the extent of the Welsh language, not only in Wales but outside Wales. Obviously, the draft census order provides for a question on the Welsh language to be asked in Wales, but anyone in England who wishes to record their main language as Welsh in the 2021 census will be able to do so using, again, the write-in options in the language question. Testing by the ONS convinced it that the inclusion of that question generally might lead to confusion among the larger number of respondents about why they were being asked it. When it comes to conducting the census, I am sure that those in the ONS and working on its behalf will pay heed to the points made by the noble Lord, Lord Wigley, and others.

My noble friend Lady Anelay of St Johns and others raised Cornish identity. Again, the Government recognise the distinct culture and heritage of Cornwall. We understand how important that is to the people of Cornwall, who are rightly proud of their Cornish history. The reality is that everyone who wants to identify as Cornish in the census will be able to do so using the new search-as-you-type facility online or the write-in option. In its consultations informing the contents of the 2021 census, the ONS found that the need for data on Cornish populations is localised and—in the context of the many requests to have questions included in the census—not strong enough to justify the inclusion of a Cornish national identity box nationwide.

I assure noble Lords who have spoken—I myself have had representations from elected representatives in Cornwall—that the ONS is committed to working with Cornish MPs, Cornwall Council and others to meet their data needs through data gathered via the write-in option. It will promote this option in both national and local census campaigns. After this census, the ONS will for the first time produce an analytical report on the population who identify as Cornish and how their health, housing, work and education differ from those of people who do not identify as Cornish. I hope noble Lords will welcome that assurance.

The social condition of various parts of the population is extremely important and relates and translates across to the question asked by many noble Lords about accessibility and support, including for those who are homeless. The ONS will offer a range of support to help people who complete the census, whether online or on paper. As I said at the outset, paper forms will be available in large print. Language support will be provided for those who need it. There will also be an option to complete the questionnaire by telephone. I referred to the fact that additional help to fill in the census online or on paper will be available at community events in community centres, libraries and places of worship. I was grateful for the remarks of the noble and right reverend Lord, Lord Harries, on that.

In addition, the assisted digital service will be provided by the Good Things Foundation to provide support for those who are offline or need additional digital help. We are well aware of the importance of reaching those who are not digitally enabled; they are in fact, paradoxically, among the most important parts of the population which the ONS needs to reach in the census. It is a great responsibility to do that. That is why the ONS aims to recruit up to 40,000 field staff to support this kind of engagement. They will have a particular focus of resources on the known hard-to-count groups and areas. I assure the noble Baroness, Lady Whitaker, that, given the inclusion of the Roma question, there will be a great effort to reach all Traveller people. I will provide her with a written answer on the other question that she asked.

To return to the homeless, those who are homeless are particularly vulnerable and hard to reach. That is obvious. We have seen in the Covid crisis the Government’s efforts to reach that important and much underprivileged part of the population. In preparing for the census, the ONS is working to ensure that all those who are homeless, particularly those who are sleeping rough, have every opportunity to take part. Census forms will be available at day centres and night shelters over a series of days. The ONS is working closely with homelessness charities to ensure that there is help and support for those who are homeless to participate in the census.

As in 2011, special arrangements are being made to make sure that all those living in communal establishments are recorded in the census. My noble friend Lord Balfe referred to some of these, including those living in hospitals, residential care homes, student halls, prison establishments and military camps. This is an important duty laid on the ONS, and I am sure that it will rise to it.

My noble and learned friend Lord Mackay of Clashfern, the noble and learned Lord, Lord Judge, and my noble friend Lord Young of Cookham referred to the voluntary nature of questions on the census. I am grateful for the welcome that has been given again by noble Lords, the noble Lord, Lord Rennard, among them, for the inclusion of questions on sexual orientation and gender identity. These will be voluntary. I am very grateful for the discussions the Government have had with the noble and learned Lord, Lord Judge, and my noble and learned friend Lord Mackay of Clashfern, and for their advice to enable us to better underline the fact that these questions are voluntary.

I note what the noble and learned Lord, Lord Judge, said about the 2031 census. I am sure that, in that time, something will be done to improve any deficiencies in the drafting, but I repeat what I said in my opening remarks: the regulations that will come before the House and provide opportunity for further debate will prescribe the census form. They will make it absolutely clear that these questions are voluntary. I am grateful to noble Lords for raising that important point.

The noble Lord, Lord Young of Cookham, asked a number of questions, some of which I can answer and some of which I will have to respond to in due course. He asked what efforts have been made to test some of the provisions for the census. There has been a census rehearsal. It was held last autumn in four local authority areas: Carlisle, Ceredigion, Hackney and Tower Hamlets. These areas were chosen to reflect urban, rural and mixed areas with their varying internet coverage and places where there are Welsh speakers, students and residents from a variety of backgrounds and ethnicities. Although participation was obviously voluntary, the rehearsal was a large-scale test of the census operational systems and processes. They included the online questionnaire, the field force function, digital assistance and public contact centre. The rehearsal has provided valuable insight into how the questions have been answered, and how the help and guidance is used. As I said, it covered most of the questions and areas raised in this debate.

The ONS is planning to publish a report on the rehearsal later this summer. It will incorporate the lessons from that and from the other work it has been taking on to test the census questions in its report this summer. The household response in the 2019 rehearsal was similar to that in the 2009 rehearsal, although direct comparisons are not possible because they were held in different areas. The 2011 census went on to reach 94% of the population, so this gives some confidence that the Government and the ONS will be able to reach large numbers of people in the census.

As many noble Lords stressed throughout the debate, starting with the noble Baroness, Lady Kennedy, it is vital, of course, that the information gathered in the census is confidential. I can assure noble Lords that the highest priority is given to that. It is fundamental to trust in the 2021 census. There are strict legal safeguards: unlawful disclosure of confidential census data by the statistics authority and its employees, including the ONS, is a criminal offence with a sanction of up to two years in prison. The same applies to the Registrar-General in Scotland. We are consulting on cybersecurity, and the National Cyber Security Centre is being carefully and continually engaged in the process.

I thank all those who have contributed to the debate. It is essential that everyone is counted in the 2021 census to provide service providers and policymakers with the information they need to help target support and resources where they are most needed, and as efficiently and effectively as possible. I am very grateful to noble Lords for their contributions and I thank everyone who has taken part in the debate.

Motion agreed.