Joan Collins (Dublin South Central, United Left) | Oireachtas source

I move amendment No. 33:

In page 12, between lines 26 and 27, to insert the following:

“Interim Gender Recognition Certificate

13. (1) In this section—“educational institution” means a school, college or other educational institution, including an institution providing pre-school services as defined by Part VI of the Child Care Act 1991;

“identified gender” means the gender in which the person to whom this section applies identifies;

“person to whom this section applies” is a child under the age of 18 in respect of whom a gender recognition certificate has not been issued.

(2) The parent or guardian of a person to whom this section applies may, on behalf of that person, apply to the Minister for an interim gender recognition certificate.

(3) The Minister shall grant an interim gender recognition certificate if satisfied that the person to whom this section applies identifies as a person of a gender different from that listed in the relevant entry in the register of births made in respect of that person.

(4) In determining whether a person should be granted an interim gender recognition certificate, the Minister shall have regard, in so far as is practicable, to the wishes of that person.

(5) Where the Minister has granted an interim gender recognition certificate in respect of a person to whom this section applies, and where the person is a pupil at an educational institution, the educational institution shall permit (but not require) the person to—

(a) be admitted to and attend an educational institution reserved to pupils of one gender only where that gender is the person’s identified gender;

(b) use the name and gender designation listed on the interim gender recognition certificate;

(c) wear such uniform or other clothing as is appropriate to the person’s identified gender;

(d) use the bathroom and changing facilities at that school, college or educational institution appropriate to his or her identified gender, provided always that such facilities are as safe as can reasonably be expected for use for that person; and

(e) participate in sporting activities appropriate to a person of the identified gender.

(6) For the avoidance of any doubt, this section does not prevent or exempt any person from taking steps in respect of a person to whom this section applies where the person in respect of whom this section applies has not been issued with an interim gender recognition certificate.

(7) The issue of an interim gender recognition certificate to a person in accordance with this section does not—

(a) confer any right or entitlement on the person that is not connected with the purposes of this section, or

(b) affect any right, entitlement, duty or obligation arising under statute or otherwise.

(8) An interim gender recognition certificate issued under this section shall continue to be legally effective notwithstanding the fact that the person to whom this section applies has reached the age of 18.

(9) A person in respect of whom the Minister has issued an interim gender recognition certificate may, if otherwise eligible to do so, apply for a gender recognition certificate notwithstanding the fact that he or she holds an interim gender recognition certificate, provided that the interim gender recognition certificate shall cease to have legal effect on the granting to that person of a gender recognition certificate.

(10) The Minister, by regulations under this Act, shall specify the particulars to be included in an interim gender recognition certificate.”.

This amendment concerns the interim gender recognition certificate, the application for and registration of the gender certificate and the revocation of the interim certificate. The amendment points out the need for these provisions to be included in the legislation. It points out that in determining whether a person should be granted an interim gender recognition certificate, the Minister shall have regard to the wishes of that person, that he person to whom this section applies is identified as a person of a gender different from that listed in the relevant entry in the register of births made in respect of that person and that this can be done by parental declaration.

The amendment also makes provisions in respect of educational institutions, sporting activities and other relevant issues and I believe it is an important part of what should be in the legislation. I intend to press this amendment and seek a vote on it, because I have not been convinced the various Departments, the Departments of Children and Youth Affairs, Education and Skills and Social Protection, are moving on this together. We should all support the interim gender recognition certificate.

This amendment only concerns an interim certificate and does not make provisions in regard to medical treatment or surgery. All it does is recognise the person. I believe this will have a major impact on the person involved in regard to preferred or actual gender and I ask other Deputies to support the amendment.