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

2:40 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

As I was asked to keep my first comments brief, I kept a few questions back.

Has account been taken of Austria's decision that there cannot be a requirement to divorce? I believe Germany has followed suit. That happened back in 2006 and 2008. Ms Ryan has stated there are differing views on how to address this issue. They would not be considered the most progressive countries with regard to this type of legislation, but people had to go to court to ensure the legislation which gave recognition would not force a divorce or a split in partnership.

What does the Department expect the timeframe to be from the time of application to the time of granting a certificate? Will it be immediate once all of the three or four criteria mentioned in the heads of the Bill are satisfied or will there be delays to allow the Department examine the matter? The process of naturalisation takes six or seven years from the time of application. Does the Department expect this type of timeframe or will it be more instantaneous?

We have discussed reducing the age limit to 16 years. Has consideration been given to parents applying to have gender recognition changed in instances where it is medically obvious or with regard to intersex or indeterminate sex? Will a child who has had a diagnosis at birth of being male be condemned to wait until the age of 18 years, despite the fact that it has been obvious from an early age the child is female? Is this issue covered in the legislation?

We have concentrated on the specifics of the Bill and not heard personal testimony, apart from Mr. Mannion, on how urgent this issue is for people who are stuck in a situation where the State does not recognise them. I have heard such testimony. I know we are dealing with legislation, but it is a pity people outside do not hear it because it is quite a complex issue with which to grapple. It deals with a range of concepts, including the medical issues mentioned by Professor O'Shea and legislation, but every individual case will be different in its own way and trying to capture all of them in the legislation will be difficult. We have made major progress from where I thought the Department was going. That is welcome.

I want to ensure that whatever comes out at the end of this process is the best possible and that we have learned from all other jurisdictions throughout the world which have grappled with the same questions and come out in different ways. We can set a standard through our legislation which others will follow rather than ignoring the mistakes others have made and repeating them. Some lessons have been learned but others have not.

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