You asked
In the BBC article here https://www.bbc.co.uk/news/uk-wales-55721123 an ONS Spokesperson is quoted thus: "He said the ONS had undertaken extensive research to ensure only genuine identities were recorded." This is in relation to the question on "Gender Identity".
Can you please provide me with:
The list of "genuine identities".
Details of the process by which this list was compiled, including :
(a) which individuals and/or committees were responsible
(b) what research was undertaken
(c) which, if any, groups/charities/organisations/any other external agencies or bodies were consulted as part of the process of determining this list
(d) Which individual or committee was responsible for approving this list.
We said
Thank you for your request.
You have asked for a list of all gender identities the ONS views to be genuine. It is important to emphasise that we do not hold a definitive list of what identities are genuine. We have researched possible answers that may or may not be applicable to inform our automatic processing systems, but this is not a definitive list. This list is continuously evolving, and these tools will be refined once data are received because we recognise that people may provide responses that are currently unfamiliar to us.
Question 1:
Unfortunately, we would be unable to release the list held for automatic processing purposes as the exemption found in s.36(2)(c) of the Freedom of Information Act (FOIA) 2000 is engaged. S.36(2)(c) states that information is exempt if, in the reasonable opinion of a qualified person, the disclosure of information would, or would be likely to prejudice the effective conduct of public affairs.
If we were to release this information, it could be used to influence answers to the gender identity question, therefore affecting the quality of the data collected. It is a part of ONS functions to produce good quality statistics that serve the public good. Our functions would be severely undermined if the quality of data we collect were to be affected. This is evidence that prejudice would directly arise from the release of the information.
The use of the exemption is subject to a public interest test where we must determine if withholding the information is in the public interest. The only valid arguments in favour of disclosure are transparency and public accountability. In favour of withholding are ensuring we are able to complete our statistical functions efficiently. Furthermore, if our ability to collect accurate data on gender identity is prejudiced, this could affect policies and funding put in place by government in the future, which would not fall in favour of the public interest. Therefore, in this instance we find that the public interest falls in favour of withholding the information.
Question 2:
Please note, the answers to these questions refer to the evolving list we hold described in the answer to Question 1.
A) Responsibility for the evolving list mentioned in Question 1 has been with the ONS Sexual Orientation and Gender Identity (SOGI) team.
B) Research into the evolving list involved analysis of responses to the Census Rehearsal (although note that statistics on the Census Rehearsal are not public information). We also considered terms submitted in the Government Equalities Office's National LGBT Survey, as well as further identities found through online research. We consulted with other interested parties within ONS, and used existing SOGI team expertise. Further updates to the list will be based on assessment of additional terms used by respondents in the 2021 census.
C) The following organisations have had active engagement with us surrounding this topic. However, please note that not all have made comments on the inclusion/exclusion of terms involved in our evolving list:
- Gender Identity Research & Education Society (GIRES)
- Government Equalities Office
- Mermaids
National Records of Scotland (NRS)
- Northern Ireland Statistics and Research Agency (NISRA)
- Stonewall
We have also reached out to other organisations. However, we have not received a response from these.
D) The information requested for question 2D has been withheld under Section 40(2) of the FOIA, as this is considered personal information.