Sex and gender in data guidance: equality impact assessment

Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic^[1]

Age

Evidence gathered and Strength/quality of evidence

Currently some questions on gender identity or trans status/history are asked only of people aged 16 years and over. The guidance will need to consider whether the recommended questions should be asked of all people or should be restricted by age.

Source

Sex_and_Gender_Identity_Topic_Report.pdf (scotlandscensus.gov.uk) – this was explored in cognitive and public acceptability testing carried out in preparation for the Scotland's Census 2022.

Data gaps identified and action taken

Incorporate this into cognitive testing of the proposed recommended questions.

Characteristic

Disability

Evidence gathered and Strength/quality of evidence

Intellectual disabilities may impact on an individual's understanding of a question asking them about their sex, or trans status/history.

Source

Guidance on Neuropsychological Testing with Individuals who have Intellectual Disabilities (bps.org.uk)

Data gaps identified and action taken

Incorporate this into ongoing cognitive testing of the recommended questions. Potential to include guidance of when someone should respond to these questions on behalf of someone else.

Characteristic

Sex

Evidence gathered and Strength/quality of evidence

There are different interpretations of the word sex, and these views are often in conflict. For example, some people think sex is biological and a question should therefore ask about a person's sex at birth, whereas other people think sex can be lived sex, or self-identified sex.

The way that sex is defined in the guidance, and the recommendations made, could impact on the fostering of good relations between different groups if one group (e.g. women) feel that their views have not been taken into account in favour of another group (e.g. trans people), or vice versa.

Sex as defined in the Equality Act is simply female or male. Data is required to be collected on men and women to highlight/eliminate discrimination and meet a public body's obligations under the PSED.

Source

Data gaps identified and action taken

Characteristic

Pregnancy and Maternity

Evidence gathered and Strength/quality of evidence

The guidance will not set out how data on men and women should be collected in a medical setting specifically; therefore, it is unlikely to impact on the provision of pregnancy and maternity services, and/or the collection of data from mothers.

Source

Data gaps identified and action taken

Characteristic

Gender Reassignment

Evidence gathered and Strength/quality of evidence

The guidance will set out a recommended question for public bodies to use to collect data on trans status and history. The trans status question should help to build up a source of data on the trans population in Scotland to support the elimination of discrimination, fostering good relations between groups and promoting equality of opportunity.

Source

Data gaps identified and action taken

Characteristic

Sexual Orientation

Evidence gathered and Strength/quality of evidence

The guidance will not specifically cover the collection of data on sexual orientation, but will encourage public bodies to take an intersectional approach to data analysis.

Source

Data gaps identified and action taken

Characteristic

Race

Evidence gathered and Strength/quality of evidence

The guidance will not specifically cover the collection of data on race, but will encourage public bodies to take an intersectional approach to data analysis.

Source

Data gaps identified and action taken

Characteristic

Religion or Belief

Evidence gathered and Strength/quality of evidence

The guidance will not specifically cover the collection of data on religion or belief, but will encourage public bodies to take an intersectional approach to data analysis.

Source

Data gaps identified and action taken

Characteristic

Marriage and Civil Partnership

(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)

Evidence gathered and Strength/quality of evidence

n/a.

Source

Data gaps identified and action taken