Oireachtas Joint and Select Committees

Wednesday, 23 October 2013

Joint Oireachtas Committee on Education and Social Protection

General Scheme of Gender Recognition Bill 2013: Discussion

1:50 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I will not take long because most questions have been asked about the legal issues and there is no point in my repeating them. I thank the witnesses for attending. I work off my gut instinct and when something is right, I know it is right. From recent meetings and from talking to people I am aware of the reality of the situation and it is for society to address the reality rather than trying to find barriers to prevent it.

I thank the witnesses from the Department of Social Protection for attending. The Ombudsman for Children has clearly said that the vindication of young people’s rights is at issue. It is the responsibility of society to protect all children, including those between the age of 16 and 18. It has been said that in this instance the legislation could have the opposite effect. I agree with the Ombudsman for Children's statement that one cannot just put a blanket ban on gender recognition for 16 to 18 year olds. Provision must be made for them in the best possible way by working with the community of transgender and inter-sex people on how to proceed. The Ombudsman for Children and others present have made positive proposals about how to deal with the issue.

I have a question for Professor Donal O’Shea. I argued strongly, even on the abortion legislation, about the impact of involving people in the mental health service in order to assess their situation and whether they have a right to access a service. The same should hold true in this area. One could ask why we are putting people from the transgender and inter-sex community into the mental health services. Surely as soon as a person indicates that he or she is not in the correct body then he or she should be in contact with the medical service or his or her parents should be in contact with a GP or other medical expert. The situation develops over a period but it can start at a very young age. It is clear that a person is moving in a certain direction and that certain changes take place in their bodies, which can culminate when a person reaches the age of 16 years to 18 years. I will be guided by what the experts say but I ask why there is not a specialist area to assist young people who are going through such an experience. It will be clear from the parents, the young person and those involved in the medical profession that the situation has evolved without requiring a report from a mental health expert or psychologist. That does not fit well with me. I would welcome the view of witnesses in that regard. It is also a question for the HSE in terms of linking in with the specialists, parents and children who are affected.

I do not think it is the right policy as it goes against what I believe is the right approach, from listening to the experiences of people in the transgender community.

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