Question to the Cabinet Office:

To ask Her Majesty's Government what is their policy on the recording of biological sex, legal sex and gender (1) in the 2021 census, (2) when a person’s identity is recorded in connection with a crime, and (3) in a person’s medical records.

The draft Census (England and Wales) Order 2020 was laid in Parliament on 2 March 2020. It makes provision for the 2021 Census to ask a male/female sex question as in previous censuses. In addition, it is proposed the 2021 Census asks a voluntary question on gender identity for those 16 and over. This follows the Census (Return Particulars and Removal of Penalties) Act 2019 which enables census questions on sexual orientation and gender identity to be asked on a voluntary basis.

There is no central guidance for police forces on the recording of sex or gender of persons in connection with a crime.

The Personal Demographic Service (responsible for the NHS Number) record contains no clinical information. It holds administrative gender, which is not necessarily the same as clinical gender in some cases.