Legal action by Sikhs against ONS to be launched this week and to be led by Sikh Channel & Sikh Federation (UK)
8 March 2010 - The Sikh community is expected by the end of this week to have launched legal action against the Office for National Statistics (ONS) regarding the 2011 Census. This will follow a meeting with Bindmans, a leading firm of human rights lawyers, on the legal options available to the Sikh community, assessing the chances of success in the courts and the likely legal costs of any action.
The Sikh Channel has agreed to take responsibility for collecting funds and will front the legal challenge with the Sikh Federation (UK) on behalf of the Sikh community. Many Gurdwaras, organisations and individuals have come forward and suggested legal action should not be delayed and pledged financial support.
The Sikh Channel will be setting up a separate bank account for the legal fund for the 2011 Census challenge by the Sikh community and will show on regular TV ads the amounts provided by each Gurdwara, Sikh organisation and individuals. Information on the donations received will be grouped by towns/cities as there is a need for the Sangat across the country to contribute and show the wide-ranging support.
The Sikh Federation (UK) last wrote to the ONS on 3 March giving one final chance for it to accept the proposal put forward on 13 February. The proposal seeks to reflect both the religious and racial identity of both Jews and Sikhs. It is vital to note that while the ONS did not test the option of a 'Sikh' tick box in England or Wales, the proposal was tested on a cross section of 400 people and results showed the proposal works well.
The Federation also alerted the Joint Committee on Statutory Instruments (JCSI) on 4 March that it should declare the questionnaire that accompanies the Census Regulation as ultra vires as it is inconsistent with the primary legislation.
One of the issues to emerge last week is the ONS whilst considering the proposal put to it on behalf of the Sikh community has been working behind the scenes to undermine it by exerting pressure on the Board of Deputies of British Jews and trying to find Sikh organisations or individuals that may not agree with the majority Sikh view. The Federation had already established with the Board of Deputies that whilst it thought the proposal that would see Sikhs and Jews treated differently was coming too late it would not oppose it. Jon Benjamin, the Chief Executive of the Board of Deputies, clarified its position with the Federation on 4 March. However, the Federation has submitted a Freedom of Information request for correspondence between the ONS and Board of Deputies much to their dislike to expose the underhand tactics of the ONS.
The Sikh Federation (UK) also became aware last week that the ONS was proactively seeking out Sikh organisations or individuals that may not agree with the majority Sikh view. The Federation wrote to the ONS and rebuked it in this regards by writing:
‘The issue we found most offensive in your response (on 2 March) was your statement: ‘I am also aware that there is not a unanimous view on this even within the Sikh community’. Your own public consultation on this had responses from 154 Sikh organisations (by far the largest number of responses from any community group) and all 154 indicated the need to monitor Sikhs as an ethnic group. You will always be able to find individuals and/or organisations from any community that did not take part in the public consultation that do not agree with the majority view.’
The Federation continued by saying ‘reckless statements like this . . . undermine your own consultation and put up the backs up of the Sikh community.’ The ONS has been asked to share the names of Sikh organisations that do not share the majority Sikh view as the Sikh community has every right to know who are those undermining its demand.
A Sikh Federation (UK) spokesman said: ‘The ONS should be responding in a fair and balanced way to a legitimate community demand. It has lost credibility with the community and with elected representatives. We have submitted a Freedom of Information request for recent correspondence between the ONS and Sikh organisations it has targeted to ensure transparency and if this matter is referred to the courts.
The final piece in the jigsaw has been a series of Parliamentary Questions that MPs started tabling last week. Some MPs have been very helpful, while others have been either sitting on the fence or making excuses. Overall in the last 6 weeks it has become clear to the Sikh community that most MPs had probably been misled by the ONS when the Census Order came before Parliament between October and December 2009 for their approval of the details in the Census questionnaire. MPs supporting Sikhs therefore missed the opportunity to express their views as many did not fully understand or appreciate the Parliamentary process that had been adopted.
Despite the overwhelming public support from the Sikh community and the strong evidence indicating major flaws in the ONS process it is apparent that ONS are not showing due regard to correct its mistake. Therefore, Sikh constituents are again writing to their MPs this week to ask them for a final time to intervene by pressing the ONS and Cabinet Office to accept the sensible proposal put forward by the Sikh Federation (UK) on 13 February. Interestingly, the Regulation and questionnaire laid in Parliament on 4 March and coming into effect on 31 March 2010 has unusually left Question 17 after the ethnic question blank. See:
This is ironic as ONS has claimed all along there is a lack of space for additional boxes, but now has inserted a blank Question 17. Is this because ONS realise they will lose any legal action and have allowed for this possibility? The Sikh community have been let down by the ONS and the Parliamentary process and will reluctantly, embark on the legal option later this week to obtain the legal rights they have secured already in the courts.
