The notification below was received from "Cornwall 2000" [27th July 2005] regarding the - soon to finish - consultation process for the Census 2011.  It was clear from the way that no publicity preceded the census in 2001 that the results of this first census, to include a 'Cornish' option, would only be a testing ground.   How many people, in fact, understand the vaguaries of 'ethnicity' but would have no problem in considering themselves to be 'Cornish'?  Other negative factors also applied to this 'first opportunity' but now is the chance to put some urgently required input into the consultation.

The following has been received (Wednesday 12th July 2006) from one of the stalwarts who wrote direct to the ONS in connection with the above consultation on the Census2011

Dear Sir/Madam

I have been reading the section of your web-site dealing with Census 2011 and I have a number of queries which I would be grateful if you would answer.

1. What is the legal definition of National Identity? Please give any case law references which appertain to this definition.

2. Halsbury's Laws of England (Constitutional Law) stipulates that it is illegal for the heir to the throne, out of possession, to exercise the Royal Prerogative. Yet, in Cornwall and nowhere else, the heir to the throne, the Duke of Cornwall, retains the prerogative rights of foreshore, intestacy, bona vacantia, wines, wrecks and royal fish. The inclusion of the "Cornish" in an apparently undefined and nebulous "English" national identity, is therefore, seemingly in conflict with the principle outlined above and implies that the heir to the throne is acting unlawfully. Since this cannot possibly be the case, I would like to ask why the ONS has not included a "Cornish" category in the section dealing with "National Identity" an inclusion which would have obviated this anomaly, in so far as the Census 2011 is concerned?

3. The government recognised the Cornish language under the Council of Europe's Charter for Regional or Minority Languages in November 2002, as one of the official languages of the United Kingdom. I would be most grateful if you would explain why you are treating users of the Cornish language in a different manner from those who speak English , Welsh and other indigenous minority languages of the UK by not including a specific Cornish language question in the 2011 Census?

4. Please provide the legal definition of ethnicity which you have employed in the formulation of your ethnicity classification.

5. Please give the Race Relations Act caselaw references which support the use of such terms as "White", "Mixed", "Black", "Indian", Pakistani", Bangladeshi", "Asian", "Black", "Black British", "Black Caribbean", "Black African", "Chinese" in ethnic monitoring procedures.

xx xxxxx xxxxx

National Statistics

Dear xx xxxxx

Your recent email to the Customer Contact Centre has been forwarded to me for a reply as the 2011 Census Director.

You have asked a number of questions and I will answer these in turn.

As a general point, it is important to note that there is always a pressure on space on a census questionnaire and, as you can well imagine, there is always a demand for more questions to be included in the Census than there can reasonably be accommodated.

1. ONS is not aware that a legal definition for national identity has been developed. While the Employment Appeals Tribunal ruled in Northern Joint Police Board vs Power (1997) that Britain's constituent national groups (English, Welsh, Scottish) are entitled to recognition under the race Relations Act (RRA) as distinct 'national groups', a clear definition of national group was not provided.

   ONS treats national identity as a subjective concept, that is, a person's national identity is self-defined and cannot be determined by objective characteristics such as country of birth or citizenship.

2. A separate category for Cornish has not been included in the 2007 Census Test form because in consultation, insufficient demand for the data had been expressed by Census users. However, ONS recognises that this is an important issue for some groups and individuals, and final decisions on the content of the "2011 Census have not yet been made. It should be noted that people who wish to record their national identity as Cornish will be free to do so by using the write-in option under 'Other'.

3. ONS does acknowledge that Cornish is covered by the Council of Europe's Charter for Regional or Minority Languages. It is a requirement of the Welsh Assembly to ask a question specifically about Welsh language. There has been insufficient demand from users for a language question solely about Cornish language. If a question on language is asked in the census, there may be the opportunity for respondents to state that they use Cornish in either a tick box or a write in box. It is not possible to confirm what questions are to be included in the 20011 Census until the substantial programme of question testing and consultation with users of Census data which is planned for the next couple of years is complete.

4. The definition of ethnic group which ONS uses as the basis of its ethnic grouip question is that developed by the Law Lords in the case of Mandla v Dowell Lee, House of Lords (1983). This definition states that an ethnic group is one which regards itself or is regarded by others as a distinct community by virtue of certain characteristics that will help to distinguish the group from the surrounding community. Two of these characteristics are essential:

   a long shared history, of which the group is conscious as distinguishing it from other groups, and the memory of which it keeps alive; and

   a cultural tradition of its own, including family and social customs and manners, often but not necessarily associated with religious observance.

   Other relevant characteristics (one or more of which will commonly be found) are:

   1. either a common geographical origin or descent from a small number of common ancestors;

   2. a common language, not necessarily peculiar to the group;

   3. a common literature peculiar to the group;

   4. a common religion different from that of neighbouring groups or from the general community surrounding it; and

   5. being a minority or being an oppressed or dominant group within a larger community.

   6. Case law under the Race relations Act has tended to concentrate on defining whether hard to categorise groups, such as Jehovah's Witnesses and Rastafarians, are protected by the Race Relations Act. It should be noted that there is no necessary link between the census ethnic group categories and the Race Relations Act. The race Relations Act does not specify what ethnic groups should be covered in the census ethnicity question. The Act prohibits discrimination in general, rather than defining specific groups that are or are not protected by law. In the past, groups which have successfully brought legal action under the RRA, such as Gypsies, have not appeared as separate categories on the Census form.

      There is no case law that supports the use of the terms White, Mixed, Black, Indian, Pakistani, Bangladeshi, Asian, Black Caribbean, Black African and Chinese. Data has shown from previous Censuses and testing that these are the largest ethnic groups in England and Wales. Research has shown that these are terms that people in England and Wales use and are familiar with.

   Yours sincerely

   Ian Cope
   2011 census Director

The following has been received (Friday 17th November 2006) from another of the stalwarts who wrote direct to the ONS in connection with the above consultation on the Census2011

Dear Sir/Madam

To: Census CustomerServices@ONS
Subject: 0245/11/06/IN 2011 Census - ´Cornish´ ethnicity

Sir

I have been given to understand that the 2011 census will not include ´Cornish´as an ethnic tick box.

If this is the case, my extended family will not be completing the census despite any threat of legal proceedings which do not frighten any of us.

We are CORNISH never English or British.

Yours faithfully

xxxx xxxxxxxxxxx
TRURO, Kernow

From: "Census CustomerServices"
To:
Subject: Re: 0245/11/06/IN 2011 Census - ´Cornish´ ethnicity

Dear xx xxxxxxxxxxx

Thank you for your email below regarding the 2011 Census, and in particular the collection of information about Cornish nationality.

The Office for National Statistics (ONS) acknowledges there is some demand, in particular from Cornwall County Council and the Government Office for the South West for specific categories for Cornish to be included in the Census, but currently assesses this demand to be proportionally insufficient across the UK as a whole. ONS believes that the Government can fulfil its commitments to the Council of Europe's Framework Convention for the Protection of National Minorities by providing outputs from the Census based on information derived from write-in responses to the ethnic group and national identity questions.

The ethnicity/identity questions are, however, still subject to further research and consultation before any decision to include them in the 2011 Census can be made. To that extent ONS accepts that the questions included in the 2007 Test are liable to require further revision before being taken forward for the national census. A tick response for Cornish has not yet been ruled out. But since the Test does not cover any areas in Cornwall it was, in any case, considered inappropriate to include a specific response category for the Test questionnaire.

It is apparent from user consultation to date that demands for information from the Census are greater than are likely to be accommodated and that difficult trade-offs will need to be made. However, ONS recognises that ethnicity, identity and language are important issues for some groups and individuals. Final decisions on the content of the 2011 Census will not be made until a consultation and testing programme is complete and formal approval is given by Parliament in 2010. A White Paper setting out the Government's proposals including the wording of any questions on these topics, and their implication for meeting any EU and Council of Europe obligations, is scheduled to be published in 2008.

Regards

Kay Sumpner
Census Customer Services
Office for National Statistics
Segensworth Road
Titchfield
Fareham
Hampshire
PO15 5RR

Tel : 01329 813800
Fax : 01633 652981

The following has been received (Monday 27th November 2006) from another of the stalwarts who wrote direct to the ONS in connection with the above consultation on the Census2011

Dear Sir/Madam

Here in Cornwall we are desperately short of accurate social and economic information about the largest ethnic minority group; the Cornish.

It is vital that we are able to disaggregate this information to make proper sense of policy impact.

Please can you confirm that the census in 2011 will rectify this situation?

yours

xxxx xxxxxxx

From: "Census CustomerServices"
To:
Subject: Re: 0283/11/06/IN/KS 2011 census

Dear xx xxxxxxx

Thank you for your email below regarding the 2011 Census, and in particular the collection of information about Cornish nationality. The Office for National Statistics (ONS) acknowledges there is some demand, in particular from Cornwall County Council and the Government Office for the South West for specific categories for Cornish to be included in the Census, but currently assesses this demand to be proportionally insufficient across the UK as a whole. ONS believes that the Government can fulfil its commitments to the Council of Europe's Framework Convention for the Protection of National Minorities by providing outputs from the Census based on information derived from write-in responses to the ethnic group and national identity questions.

The ethnicity/identity questions are, however, still subject to further research and consultation before any decision to include them in the 2011 Census can be made. To that extent ONS accepts that the questions included in the 2007 Test are liable to require further revision before being taken forward for the national census. A tick response for Cornish has not yet been ruled out. But since the Test does not cover any areas in Cornwall it was, in any case, considered inappropriate to include a specific response category for the Test questionnaire.

The 2007 Census Test contains a new question asking about proficiency in a number of languages. Early testing of the question has, however, identified some problems and the quality of the information collected may be unacceptable. The decision on whether or not to collect information on languages in the 2011 Census will be made after analysis of the results of the 2007 Test, further small-scale testing, and consideration of this topic compared to other priorities.

If there is a language question in the 2011 Census, again ONS believes that the Government's commitments to the European Charter for Regional and Minority Languages would be fulfilled by providing the opportunity to write-in 'Cornish' where it is applicable. It may be, however, that information about the number of people using, or with knowledge of, Cornish is better obtained by local means, rather than the national census.

It is apparent from user consultation to date that demands for information from the Census are greater than are likely to be accommodated and that difficult trade-offs will need to be made. However,ONS recognises that ethnicity, identity and language are important issues for some groups and individuals. Final decisions on the content of the 2011 Census will not be made until a consultation and testing programme is complete and formal approval is given by Parliament in 2010. A White Paper setting out the Government's proposals including the wording of any questions on these topics, and their implication for meeting any EU and Council of Europe obligations, is scheduled to be published in 2008.

Regards

Kay Sumpner
Census Customer Services
Office for National Statistics
Segensworth Road
Titchfield
Fareham
Hampshire
PO15 5RR

Tel : 01329 813800
Fax : 01633 652981