Data (Use and Access) Bill Report Stage: New Clause 21

Parliament defeated New Clause 21 to the Data (Use and Access) Bill on 7 May 2025, by 363 votes to 97. The amendment, tabled by Conservative MP Dr Ben Spencer, would have required public authorities to record biological sex data accurately and consistently, and would have ensured that digital verification services operated under the Bill used correctly defined sex data rather than conflating sex with gender identity. The vote matters because the Bill establishes a new voluntary register and trust framework for Digital Verification Services, which could be used to grant or verify access to single-sex services. The Conservative amendment argued that if sex and gender data are conflated in the datasets underpinning those services, the digital verification framework could effectively introduce self-identification by default, bypassing existing law. Supporters of the clause pointed to a Supreme Court ruling clarifying that biological sex is the relevant protected characteristic under the Equality Act, and to a review by Professor Alice Sullivan that found widespread inaccuracies in official data collection, including risks to health screening and policing records. The division split sharply along party lines. All 90 Conservative MPs who voted backed the amendment, joined by five Reform UK MPs, one Democratic Unionist Party MP, and two Independents. Every Labour, Labour Co-operative, Liberal Democrat, Scottish National Party, Plaid Cymru, and Green MP who voted went into the No lobby. The government's position was to oppose the clause, arguing that sex and gender data standards should be addressed through consultation and existing regulatory channels rather than fixed in primary legislation at this stage.