Delegated Powers and Law Reform Committee
At its meeting on 4 June 2019, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Census (Amendment) (Scotland) Bill as amended at Stage 2. The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.
The Bill was introduced by the Cabinet Secretary for Culture, Tourism and External Affairs, Fiona Hyslop MSP, on 2 October 2018. The Bill completed Stage 2 on 2 May 2019. The Culture, Tourism, Europe and External Affairs Committee was the lead Committee.
The Delegated Powers and Law Reform Committee published its Stage 1 Report on the Bill on 31 October 2018. The Committee reported that it was content with the powers proposed in the Bill.
The Bill comprises 3 sections. It makes two, linked amendments to the Census Act 1920 (“1920 Act”).
Section 1 of the Bill amends the 1920 Act to add references to “transgender status and history” and “sexual orientation” to the list of matters about which questions may be asked in a census.
Section 1 also amends the 1920 Act to put sexual orientation and other particulars, with respect to transgender status and history, as may be prescribed in the same category as religion, so that the questions are voluntary rather than compulsory.
Sections 2 and 3 concern commencement and short title.
The Scottish Government issued a Revised Delegated Powers Memorandum.i
There is one revised delegated power in the Bill as amended at Stage 2-
Section 1(3) – particulars about transgender status and history may be gathered in census (new section 8(1A)(b) of the 1920 Act)
Recommendation
The Committee reports that it is content with the amended delegated power in section 8(1A)(b) of the Census Act 1920, as substituted by section 1(3) of the Bill.