GENDER recognition reform will not have “any impact” on the quality of data collection of sex in Scotland, MSPs have been told.
Dr Kevin Guyan, a researcher at the University of Glasgow who specialises in the intersection of data and identity, was probed on the way the Scottish Government records sex in data collection during a Holyrood committee evidence session.
Guyan set out that there are already existing practices in the public and private sectors where the “vast majority” of questions about sex allow respondents to self identify.
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This is in line with guidance given by the Scottish Government ahead of the Census, which told transgender Scots they could answer differently to the sex on their birth certificate, whether or not they have obtained a Gender Recognition Certificate (GRC).
Tory MSP Rachael Hamilton asked Guyan during the equalities committee session about the differences between Scotland and England and Wales data collection on sex during the current census.
Guyan pointed out that England and Wales “departed from the status quo” by setting out guidance which told respondents to answer according to their birth certificate or GRC, in contrast to Scotland.
He told MSPs: “When we look at how people answer a sex question, whether it's a census or any other other data collection exercise, for the vast majority of population it’s estimated more than 99% of the population, whether the question is about sex or gender, whether it's about legal sex, biological sex, or self identified sex, for 99% of the population they will answer the question in the same way.”
Guyan added that the different approaches of Scotland and England and Wales will affect only “quite small numbers”, adding that most people don’t read the guidance for the question and “just answer it”.
He added: “So I currently don't have concerns about any huge divergence in the numbers of accounts between Scotland and then with the rest of the UK.”
Later in the evidence session, Hamilton claimed that due to the Gender Recognition Act, brought in in 2004, public bodies are either “refusing or not collecting data based on sex”.
She continued: “I'm wondering whether the bill in itself will exacerbate that problem because do you agree that it could become a problem as we move forward?
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“It's a difficult question because if you bring down the age to 16 and people's views and experiences are based on certain points in their life, whether it's a job or whether it's savings, pensions, all those sorts of things, there's a lot riding on this.
“And I just wonder whether you think that it's important that we in light of you know our discussion here today that you think that that data should be collected on a sex basis, as well as possibly you're talking about there a gender basis so that we actually can create good policy.”
Guyan asked for clarification, adding: “Are able to say more about the impact of a perceived negative impact of the GRA on public sector equality duty reporting? I haven't come across any sources or evidence of it myself.”
Hamilton then referenced the gender pay gap, which she had brought up earlier in the session, adding: “And all the other issues that I have raised with you today in regards to how we go through our lives in terms of that definition that forms public policy and creates services, and provides help.”
Guyan replied: “Just make the point again that how we collect data about sex in Scotland doesn't require a person to have or have not a GRC.
“Across all whether it's work in public sector, whether it's collecting employee data for gender pay gap reporting, whether it's being a participant in a survey or a research exercise - none of these questions are asking what's on your birth certificate or your biological sex or whether or not you have a GRC.
“So in my view reforming the bill doesn't make any impact to how we're collecting data in Scotland at present.”
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