Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

Faced with this legislation, I feel like saying, "Welcome to the 21st century, but not quite; welcome to culture and civilisation, but not quite." In so far as discussing the Bill and the possibility it will be passed moves things forward, it is a tribute to the very long struggle of transgender people. Alongside the Children and Family Relationships Bill 2015, the upcoming referendum on marriage equality and recent changes in the law relating to the rights of gay and lesbian people generally, we are seeing in this country the results of a long international struggle that dates back at least to Oscar Wilde, through the very dark times of pink triangles and the persecution of gay, lesbian and transgender people by the Nazis and on to the Stonewall riots and the birth of the gay liberation movement. Following this struggle against oppression, ignorance and discrimination, we finally have reached a point where equality, liberation and self-determination are at least within striking distance. All of this is to be welcomed and a tribute to the people who fought and struggled through all of these decades. I take the opportunity to pay tribute to Transgender Equality Network Ireland, TENI, for its excellent work on these issues and the fantastic briefing it gave to Members.

We have come a long way, but it is a pity we cannot go the whole way. While the State has been forced, finally, towards civilisation, it retains the conservative impulses of which it seems unable to let go. These impulses are evident in the shortcomings of the Bill. To me and other speakers and the transgender community, the issues are to do with self-determination, liberation, freedom and the right of people to their own identity, whatever identity they choose. It has absolutely nothing to do with medical issues. In fact, the irony of requiring certification by a psychiatrist is that one should not need a psychiatrist's validation in order to decide one's gender identity, but one might well need a psychiatrist if that identity is denied.

That is not a glib statement but is the truth because the failure to acknowledge the rights of transgender people, gay and lesbian people, intersex people and non-binary people is precisely the thing that can make them sick and which can lead them to suffer and to be the victims of discrimination and unfairness. What they need to avoid all that or to begin the journey out of all that unfairness and injustice simply is the right to determine their own lives and their own identities. Any society that claims to support freedom, self-determination and equality should offer nothing less. As Deputy Wallace asked, why should one only be allowed to make a decision about one's gender identity once in one's life? I do not see why one should not be allowed to make the decision at any point and as many times as one wishes. It simply is not a medical issue but is about self-determination. It is unfortunate that the Government has chosen the model of dealing with this issue as it has in this legislation.

The requirement to be single and therefore to be forced into a divorce if one seeks a gender recognition certificate is really scandalous. While the Minister of State has indicated he sort of wants to do something about that, he should simply grasp the nettle and do it now by accepting the amendments proposed by Transgender Equality Network Ireland, TENI, to take away that requirement. I was talking to someone in the canteen beforehand and that person is married but if this Bill is passed, would be required to divorce to get a gender recognition certificate with all the disruption that would involve for the family, children and so on. This is simply unacceptable and should be removed from the legislation on Committee Stage.

Finally, on the issue of age, young people and so on, while this legislation is important for all transgender people, intersex people and non-binary people, those who most need Members' protection and support and who most need the vindication of their rights are of course the young people. They are the ones who suffer most because of the lack of those rights and are most vulnerable because of their youth when these rights are not fully vindicated by the law. Consequently, in failing to extend rights to them, the Government is doing a great disservice to children and is perpetuating a situation which often is dangerous and discriminatory for those children. I welcome this legislation and am glad to be debating it. While I am glad to be here, it must go further and there is no need to wait to get the optimum in this regard because it can be achieved on Committee Stage. I hope the Government will be open to those amendments to make this legislation what it should be.

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