Oireachtas Joint and Select Committees

Tuesday, 18 April 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Domestic, Sexual and Gender-Based Violence Agency Bill: Discussion

Mx. Daire Dempsey:

I would like to start by thanking the joint committee for the opportunity today to speak with members around the general scheme of the domestic, sexual and gender-based violence agency Bill. TENI is Ireland’s national NGO supporting trans and non-binary people throughout the country, and our vision is a world where all people, regardless of gender identity or expression, enjoy full acceptance of equality and human rights.

We applaud the positive measures contained within the Bill that will lead to the formation of Ireland’s first domestic, sexual and gender-based violence agency, which is a positive step to help ensure equity of justice and developing further the routes and access to support for those victims of domestic, sexual and gender-based violence across Ireland. We are keen, in supporting this proposal, to ensure the intentions of the authors of the Bill, in creating the new agency as an inclusive and effective body, are realised to their fullest extent. We are also keen to ensure the needs and experiences of our trans and non-binary community members are centred, particularly taking into consideration intersectional identities.

As an organisation that provides direct support to the trans and non-binary community, we are regularly faced with hearing the challenges that community members have to navigate when accessing publicly funded services. These challenges range from gatekeeping and waiting lists experienced when trying to access gender-affirming care to the challenges many trans young people still face in receiving an inclusive environment at school. Often, the specific needs and experiences of trans people are not at the heart of decision-making, and the expertise to tailor support and services can be lacking.

Head 19 of the Bill shows the clear intent to try to ensure a focus around equality in the outcomes of the board appointments, but only as expressed in the Bill in terms of gender. This understanding fails to consider the reality of identities beyond the binary of men and women. This wording, while admirable in its aim, would see an exclusion of non-binary people in this measure, with their reality invisible in the methodology being used. In addition to this point, we hope that further work could be made around including steps to ensure broader diversity within the agency's new board, and the use of best practice measures such as diverse panels and other techniques.

It is vital from the start that the expertise and understanding of the needs of the diverse and intersectional trans community is a consideration when determining board appointments. We appreciate reassurance of what steps will be taken to ensure board members will have the experience and expertise around the needs of trans and non-binary people, and how this will be built into the agency’s formation.

One additional step we would support in helping ensure the success of the agency is a clear commitment that it will be fully trans inclusive. Many trans people often fear accessing domestic, sexual and gender-based violence services due to the impact of ongoing media narratives in this area and the experiences globally of trans people having their gender identities denied or stigmatised at the very moment of seeking support. While we are heartened by the inclusive approaches taken by many providers in this area across Ireland, it would be valuable to see this echoed in this historic moment in forming the new national domestic, sexual and gender-based violence agency, role modelling an approach that we hope other EU and global jurisdictions will seek to replicate.

I thank the committee for considering our submission and my opening comments.

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