1. At its meeting on 30 October 2018, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Census (Amendment) (Scotland) Bill ("the Bill").ⁱThe Bill as introduced is available here. The Scottish Government issued a Delegated Powers Memorandum ("DPM").ⁱⁱThe Delegated Powers Memorandum is available here.

2. The Committee submits this report to the lead Committee for the Bill (the Culture, Tourism, Europe and External Affairs Committee) under Rule 9.6.2 of Standing Orders.

3. The Scottish Government Bill was introduced by the Cabinet Secretary for Culture, Tourism and External Affairs, Fiona Hyslop MSP, on 2 October 2018.

4. The Bill is a short Government Bill comprising 3 sections.

5. Section 1 of the Bill adds “gender identity” and “sexual orientation” to the list of matters about which questions may be asked in a census.

6. Section 1 also ensures that answering questions about sexual orientation and certain aspects of gender identity will be voluntary, rather than compulsory.

7. Sections 2 and 3 concern commencement and short title.

8. The Committee considered the one delegated power in the Bill and determined that it did not need to draw it to the attention of the Parliament:

   Section 1(3) – particulars about gender identity and sexual orientation may be gathered in census (new section 8(1A) of the 1920 Act)

Recommendation