I’m disappointed but not surprised.
On the plus side, I think Sex Matters’ letter campaign probably did make a marked difference to the number of MPs who stood up and said that they supported the accurate recording of biological sex in principle, but just not this specific (Conservative) amendment.
We don’t yet know what, if anything, will make it into the final statute, but if anything is added that causes ambiguity around application of the SC ruling, it won’t hurt to have debates on file that make it clear that so many on the committee acknowledge how important it is to accurately record biological sex when a court looks to secondary sources for a steer on interpretation.
If we look at how far we’ve come since before the SC ruling, it’s massively positive to see that number of MPs openly admitting that biological sex exists and is important. I know we still have a way to go, but that is huge progress compared to a few months ago, when they would have been scared to even admit such a thing for fear of ostracism and being cast out of their party. Hearing “biological sex is vitally important but…” is still not where we want to be, but it’s still a massive step forward from where we were.
I do think we need to keep a close eye on how they think the act (and the new digital system) will be applied vs the reality (particularly in light of @Peregrina’s point about the parallels with the GRA debate), and if necessary make a lot of noise around that, so that if nothing else, more and more debate around sex creeps into Hansard.
This is a controversial and incredibly sprawling bill for lots of other completely unrelated reasons (e.g. all the AI copyright stuff that no-one really knows how best to handle, combatting deepfakes and balancing consumer protection vs not stifling tech development, etc), and it feels both super-urgent but also impossible to implement in lots of disparate areas that fall under ‘data’, so I suspect this bill will be bounced around for a while for other reasons anyway.
The advantage of this for us is that each time it gets bounced back to the commons to talk about AI, as long as someone proposes a relevant amendment, we can do this all over again and make more noise around the sex bit, so that it keeps coming back to bite them and keeps getting plenty of Hansard coverage (which isn’t everything but still helps).
The bill is still going back and forth and the debates are ongoing, so we need to keep watching and take any opportunity we get to highlight the issues and explain why the accurate recording of sex isn’t a tiny fringe issue and shouldn’t be an afterthought.
Plus we need to keep an eye on all the other initiatives intended to implement the Sullivan report (as mentioned in the reasons for NC21 rejection) and make noise there too.