Ms McAlpine says there are a number of feminists that don't believe in self-identification.

Ms Hyslop says we've got to test the questions, they must be credible and people must have confidence in them.

Tory MSP Jamie Greene says this has opened up a "huge Pandora's box around gender identification".

There still is an issue around the 2011 census as the sex question guidance was based on self-identification but was a compulsory binary question, he says.

Image source, bbc

With a voluntary question on gender identity now being added, will that change the way people answer the mandatory sex question, asks Mr Greene.

Ms Hyslop says this is the critical point and Mr Greene is cutting to the chase as this is a social question, reminding the committee that the religious and language questions were controversial in the past.

She points out the census is only about answering questions for information and is not about status.

Committee convener Joan McAlpine highlights the ONS's views that the sex question on the census should not be self-identification, nor should it allow for a third option.

She wonders how much this will be taken into consideration going forward.

Ms Hyslop says this will be considered but she highlights long-standing issues around how trans people answer the sex question.

A self-identified, binary sex question is simple she insists, while defining sex would add a level of complexity to the question she adds.

Self-identification has been in place for a number of years, she highlights.

Image source, PA

The Census (Amendment) (Scotland) Bill, introduced in October, seeks to make census questions on gender identity and sexual orientation voluntary.

This will ensure the people are not fined for failing or neglecting to answer questions on these matters.

The Bill does not add questions on trans status or non-binary identity, rather is ensures these questions will be voluntary when they are added, as the government intends to do.

More information about the bill can be found here., external

And SPICe has published a briefing on it., external

Cabinet Secretary Fiona Hyslop says the next Scotland census will happen on Sunday 21 March 2021.

Ms Hyslop says the Census Bill which will amend the 1920 Census Act and allow questions to be added on sexual orientation and prescribed types of gender identity, those being on transgender status.

The cabinet secretary says refusing to answer a question in the census is an offence under the 1920 legislation and we want to avoid that in these new questions.

The approach of the bill is to avoid intrusion into private life by placing these questions on a voluntary basis.

Image source, bbc

It is important that nobody feels compelled to answer these important but sensitive questions, she says.

A consultation is required to formulate the questions, says Ms Hyslop and tells the committee one is underway.

Ms Hyslop explains there is no fully tested question on transgender people in Scotland at the moment and the census would be taking a big step forward to protect and support transgender people.

At present the question on sex will continue to be asked on a mandatory basis as the bill currently stands.

She says there was a mistake in keeping intersex people under the same umbrella as trans people, which was unfortunate.

The committee will now take evidence on the Census (Amendment) (Scotland) Bill from:

• Cabinet Secretary Fiona Hyslop
• Amy Wilson from the National Records of Scotland
• Scott McEwen also of National Records of Scotland
• Simon Stockwell from the Scottish government
• Emma Luton from the Scottish government

Image source, bbc

SNP MSP Kenneth Gibson wonders about Labour's position on Brexit.

Mr Russell says "We should not necessarily condemn the slowest ships in the convoy, we should perhaps help them to get faster".

He says he will continue to urge Labour to be active like never before to hold the UK government account and endeavour to change it.

Image source, bbc

Scottish Green Party co-convener Patrick Harvie asks about the importance of environmental governance.

He wonders if the Scottish government is any further forward in understanding what devolved responsibilities will be in the transition period.

If we are marched of the cliff with no deal, asks Mr Harive, what on earth would happen.

Neither are easy to answer replies Mr Russell.

The cabinet secretary says Roseanna Cunningham will consult on this in the New Year and he accepts there must be robust procedures put in place.

"We will not allow the issues of environmental governance to be eroded."

Tens of thousands of low-skilled migrants could come to the UK to work for up to a year under proposed new post-Brexit immigration rules., external

The measure, which would last until 2025, is intended to protect parts of the economy reliant on overseas labour.

The idea was described as "shocking" by campaign group Migration Watch.

Home Secretary Sajid Javid said the new system would be based on UK needs rather than where migrants were from and show the UK "open for business".

Unveiling what he said would be the biggest shake-up of immigration policy for 40 years, Mr Javid said that while there was no "specific target" for reducing numbers coming into the UK, net migration would come down to "sustainable levels".

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• Read more here

SNP MSP Stuart McMillan raises the immigration white paper, published by the UK government yesterday, and seeks the cabinet secretary's views.

"This is an appalling set out circumstance," Mr Russell says.

An 85% drop of EEA citizens would "throw the economy into complete chaos, he adds.

He goes on to highlight criticism of the white paper from business stakeholders and Universities Scotland.

I've never seen such a unanimity of condemnation, he tells the committee.

The Brexit secretary insists a devolved approach to migration would ensure Scotland has what it needs.

Brian Taylor
BBC Scotland Political Editor

So are we to have a further referendum? Of the European variety, that is. Perhaps we might ponder a little about indyref2 but, for now, let us focus upon Brexit.

There is an obvious problem with a further EU poll. Which is that neither the prime minister, nor her potential Tory successors nor the leader of the opposition in the Commons favour such a move.

But, of course, these are febrile times. Leaders are not solely in command. The wider political environment is, to use the word of the month, nebulous.

The first minister has said today that a second referendum is closer than ever. She cites the argument that the Prime minister is no longer in charge of events.

Read more analysis here.

Mr Russell says: "The question in the referendum has to include Remain."

We could have a discussion about what Remain is set against, but he supposes it would be the prime minister's deal, he says.

"It's inconceivable we could have a referendum without Remain as an option."

A rerun of the last referendum, asks Tory MSP Jamie Greene.

No, the option last time was very "nebulous, if I may use that term again", replies Mr Russell.

The prime minister needs to accept that at the very least there needs to be an extension of Article 50, Mr Russell insists.

Then there needs to be either a general election or another referendum, he says, suggesting the latter is more likely to pass through the Commons.

Image source, bbc

Mr Stewart says he firmly believes a deal will happen but he accepts contingencies do have to be in place to protect vulnerable people during the process.

Mr Russell explains: "We're not in a war of briefing on this or a war of information."

The cabinet secretary says there must be a complementary approach.

Mr Russell says there are of course things in the EU Withdrawal Agreement that he were quite useful.

Given that there cannot be a renegotiation of the agreement, he cannot support it, he explains.

He again calls for the invoking of the suspension of Article 50.

Image source, AFP

The Scottish government is making "detailed preparations" for the UK leaving the EU without a deal, Brexit Secretary Mike Russell has told MSPs.

The UK government has "ramped up" planning for a no-deal Brexit, amid a struggle to win MPs over to the divorce plan hammered out with EU negotiators.

Mr Russell said the "disaster" of a no-deal exit was "not yet inevitable", but that preparations must be made now.

The Scottish Conservatives said the SNP should support the deal negotiated by Prime Minister Theresa May if they wanted to avoid leaving without a deal.

Read more here.

Tory MSP Alexander Stewart calls for no-deal preparation details to be published.

Mr Russell says he gave details of this to the chamber on Tuesday and confirms he will furnish MSPs with further information.

The support available for business has been done publicly he adds.

The Brexit secretary says he does not want to publish further information as he doesn't want no deal to be the focus.

The effect of a no deal would be particularly damaging to the most vulnerable is society, in both demographic and geographic terms, he warns.

"I'm not going to be spending time polishing documents."

Another Brexit referendum will become a "plausible" way forward if there is deadlock in Parliament, Work and Pensions Secretary Amber Rudd has said.

She told ITV's Peston show while she did not personally support another vote, the case for one would grow if MPs could not agree another solution.

She said she hoped MPs would back Theresa May's deal with the EU next month but it would be "very difficult".

The PM says the UK must be ready to leave without a deal if it is rejected.

Mrs May has repeatedly ruled out holding another referendum, saying it was the government's duty to implement the result of the 2016 Brexit vote.

A Downing Street source said the government was "very clear we are 100% opposed" to another referendum.

The UK is due to leave the EU on 29 March 2019 but an agreement on the terms of its withdrawal and a declaration on future relations will only come into force if the UK and EU Parliaments approve it.

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Mr Russell say: "When the prime minister says we need to get on with it, she is the person who pulled the vote."

Lib Dem MSP Tavish Scott says Amber Rudd has now openly supported a 'People's Vote'.

The cabinet secretary says Amber Rudd's contribution is significant but words must be followed by actions.

He says the cabinet is split with some backing the "ludicrous" idea of a managed no deal, but if Amber Rudd is followed by others calling for a "People's Vote" he would be encouraged.

SNP MSP Annabelle Ewing suggests Theresa May is "engaging in an extraordinary act of brinkmanship".

The Commons seems to be hostile to this deal but what is it that the EU could do differently to convince some Conservative backbenchers, she asks.

"I have no idea," replies Mr Russell.

He argues Mrs May's deal is the only one of the table because of the red lines she put in place and this is not the best possible deal.

It is difficult to come to an coherent deal with an incoherent set of red lines, he adds.

"I have no idea what rabbit she believes she has to pull out of the hat. I think she may find that the rabbit has chewed its way through the hat and has disappeared."

Image source, bbc

Labour MSP Claire Baker asks about the stages of revoking Article 50 and what would happen after that.

Mr Russell replies: "Undoubtedly the divisions that exist are profound."

The Brexit secretary adds that they can not be papered over with the prime minister's deal.

He says the "chicanery" involved in Brexit referendum and the "extraordinarily mindbogglingly inept" handling of things since must be taken into account.

Mr Russell accepts there is not template for revoking Article 50, but suggests a resolution from the House of Commons would be effective, while a referendum would be more effective.

The cabinet secretary says: "We would want to see a democratic will expressed."

A resolution from the House of Commons double locked with a referendum would be the way to go, he says.