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Data (Use and Access) Bill [HL]

My Lords, the Minister is right that it is essential that data collected needs to be accurate and that that applies to data on sex as well as on gender. He is also right that the

passport does not contain reliable data on sex, and I am grateful to him for making that clear. I am also grateful to him for the discussions that he has had with me and for the discussion that the Secretary of State had with Sex Matters and me, but what is the solution to this? In the absence of any reliable document, how is a care home to ensure that a person who is to provide intimate care for an elderly woman, who has understandably demanded that such care be provided by a woman, will actually be provided by a woman?

In the absence of anything else, I suspect a care home will have to fall back on the passport, which, as we have all agreed, is unreliable. My noble friend’s amendment goes some way towards answering this, and I shall support it. It may have flaws. The Minister said in one of our meetings that it would invalidate our existing passports. I am not sure about that but, if it is right, can the Minister propose a minor amendment to my noble friend’s amendment to sort out that problem?