The 2021 Census for England and Wales will allow us to self-identify our sex. You couldn't get a better example of how our public institutions are captured by gender ideology. Specifically, the Census guidance tells us 'for those whose gender is different from their sex registered at birth, who may find the [sex] question difficult to answer, the answer they provide does not need to be the same as their birth certificate'. Statisticians and researchers have told the Office of National Statistics how worried this makes them.  Sex is real, binary, and immutable - and it matters.

How does this institutional capture work? Out of the blue I came across this on twitter: 'Sat in meeting with senior ONS person. Stated categorically would be illegal to advise people to answer Census sex question with ref to natal sex. Pressed, said had legal advice. Asked for details of advice. Unable to provide any'.

Jolted into action - how can this be true? - I've since learned I shouldn't even be surprised. According to WomansPlaceUK, our very own Equality and Human Rights Commission gives out similar advice.   In a recent submission to the Scottish Government's 'working group on sex and gender in data' the EHRC said 'Public bodies are not required to collect information on legal sex and can enable employees and service users to self-identify their sex'. But that's not all. According to the EHRC, not only are public bodies 'not required' to collect data on sex, for public bodies to actually require people to disclose their sex could be a violation of human rights; even potentially a criminal offence. 

'There are important human rights considerations that need to be considered when asking employees or service users to state their sex, especially in regard to people’s right to privacy under Article 8 of the ECHR and the Human Rights Act 1998. Forcing trans employees or service users to disclose their sex as assigned at birth would be a potential violation of their human rights, particularly their right to privacy and dignity under Article 8. In addition, forcing a trans person without a Gender Recognition Certificate (GRC) to disclose their legal sex would result in that person being ‘outed’ as a trans person. It is also a criminal offence under the Gender Recognition Act 2004 for a person who has acquired the information in an official capacity, to disclose information relating another person's application for a GRC or their gender prior to grant of the GRC. In some instances, forcing people to ‘out’ themselves will also breach the Equality Act 2010.'

Consider the implications of this advice. Women's prisons? Police forces? Health services? Emergency services? Sports clubs? Providers of women's single sex spaces? How do these work? This matters to women. 

WomansPlaceUK sought alternative legal advice on this matter. The result was a profoundly different legal opinion. I recommend reading it in full.  A small extract is here: 

'… privacy rights are not absolute and individuals do not have a universal veto on what can and cannot be asked of them. In any event, the Human Rights Act 1998 requirements apply only to public authorities or to private bodies when exercising public law functions'.

'Although the collation (and potentially the disclosure) of information and data about people’s private lives (which would include details such as their name, age, sex, ..., sexual orientation, sexual history, gender identity, health records, ..., criminal record, whether charges and/or convictions) may be said to engage the rights protected by Article 8 ECHR, it will not constitute (unlawful) interference with those rights provided that the collation and/or disclosure is done in accordance with law and separately may be said to be “necessary” within the context of the proportionality test: that is to say that the collation and/or disclosure must involve the least interference with the right to respect for private and family life which is required for the achievement of the legitimate aim pursued.'

Based on the full legal opinion, WomansPlaceUK wrote to the EHRC asking them to withdraw their statement made to the Scottish Government. They requested that the EHRC contact other organisations to which it has provided similar advice informing them that it is now under review.

I don't know whether the ONS is following EHRC guidance on matters of sex and gender, or someone else's. Our confidence is not boosted by the wider material they publish on such matters. According to the ONS our sex is 'assigned at birth'. Anyone who thinks this, should not be in charge of our national statistics. They also think that sex (not gender, note) is 'generally male or female'. The ONS says that 'gender' is a social construction but goes on to say: 'Gender is increasingly understood as not binary but on a spectrum'. What a load of nonsense. What do they mean by 'increasingly understood'? This, coming from the ONS, implies some scientific integrity. Show me the science. And can't they see how it relies on the most regressive gender stereotypes? Perhaps the ONS is thinking of the widely mocked Mermaids' spectrum with Barbie at one end and GI Joe at the other. How utterly, damagingly, reductive. Imagine being a kid and being presented with this choice, endorsed by adults. 

For further information on Gender, the ONS links us to GenderSpectrum.   This is an American organisation that advocates talking to children about gender 'from a very young age'. It writes of so-called transgender children: 'we need to underscore that the research on the importance of affirming people in their gender is unequivocal - it is essential for all, and life-saving for some'.  So that is how an uncertain young girl, somewhat vulnerable, perhaps autistic spectrum, possibly gay, sucked into the world of gender ideology, can be so quickly 'unequivocably affirmed' by adults and ends up sterilised and with their breasts removed. And our Office of National Statistics points the way. In case your child is interested, GenderSpectrum has a group for pre-teens (10 - 12).  Thanks for the link, ONS. 

The ONS is an independent body. But senior appointments are ultimately the responsibility of the sitting Government. The Conservatives must send a message to its senior team. Stop promoting gender ideology. Sort yourselves out - or go.

Similarly, Liz Truss has recently recruited a new EHRC Chief Executive, as well as four new Commissioners.  As a matter of urgency, these new Commissioners must instruct the EHRC to start again with its legal advice on matters pertaining to sex and gender. If this approach doesn't work, the Conservatives must act, and the law must be changed.