Derek Keating (Dublin Mid West, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this very important piece of legislation. When I became a Deputy four years ago, I had certain aspirations, plans and ideals. Perhaps this is not an issue I would have considered at the outset, but in the past four years, I have come to realise that often legislation that affects a small number of people affects society at large, and what is good for a small number of people is good for us as a nation. This issue affects a small minority of people. It is of vital importance that we ensure this House deals with the matter with sensitivity for those persons who finds themselves in a situation where gender is identified as a problem at birth or emerges as a result of a realisation that their bodies do not reflect the gender identification that is at the core of their being. It is rare that this House has the opportunity to provide a solution to people who are in these situations. Too often these minorities have been scapegoated, cast out and characterised as abnormal. Gender is at the core of our being, yet there has been a growing understanding of the complexities of gender and gender identity.

This Bill does not deal holistically with gender identity. Nobody suddenly comes to realise his or her gender identity is a problem at the age of 18. While the Bill does provide for some recognition of 16 and 17 year old, there is nothing for young people under the age of 16. This is certainly a new frontier for many of us but we need to approach it with reason and compassion. Young trans people exist and I have heard of how difficult it is for them and their families. The road to knowing oneself can be a long one. I have had conversations with trans advocates, and I welcome to the Visitors Gallery some members of groups I have met. I have learned that gender identity is not something that a person decides overnight. Individuals struggle with this for a long time before they are able to admit it to themselves in the first place, let alone express it out loud. It is often a long and difficult process but there are young people who know this at an early age.

This week, I have heard stories of the struggles people have had and the persecution they have felt at times. I have accumulated some of those stories and I will put some of them on record because I do not have the time to go into them in great detail today. I have heard of young people who self-harm, who threaten suicide and who are undergoing psychiatric help. These young people who are struggling need to have their identity legally recognised. In the meantime, people face significant difficulties. I have referred to bullying and discrimination, for example, before. This is inhumane.

Let us be clear. We are talking about legal recognition. We are not talking about medical interventions or surgeries for children. This is about creating legislation that affirms a person's gender identity. The Government's movement to include 16 and 17 years olds in this Bill is very welcomed as it is an important step towards the visibility of these young people. However, the process is incredibly onerous and restrictive as it requires parental consent, two letters from medical practitioners and a court order. This will act as a barrier for many young trans people to obtaining legal recognition. This is due to the fact that there are very few medical practitioners with expertise in this area and TENI has documented long waiting lists to access these services.

The likely result is that the process will be so time consuming that young people will be 18 years of age before they fulfil the requirements. This was evidenced by the statement of a young trans man who noted, "I was 17 when I got my first letter from a psychiatrist. I'm 21 now and I'm still waiting for my second letter for treatment." In the absence of the Government agreeing to self-determination, I ask that general practitioners, GPs, be included in the definition of "primary treating medical practitioner." I also received a letter from the Irish College of General Practitioners making this request.

Amnesty International has observed:

Absolute denial of legal gender recognition to individuals under a given age is not consistent with existing international standards regarding the rights of children. Legal gender recognition should be accessible to children on the basis of their best interest and taking into account their evolving capacities.

Under Article 42A of the Constitution, the State "recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights." In matters of guardianship, adoption, custody and access to children, the best interests of the child shall be the paramount consideration and "in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child." Legal recognition would benefit young trans people by protecting their rights and supporting their well being. It would enhance their experiences at school and ensure that the Administration provided protection. There are instances where this has not been the case. Furthermore, legal recognition would acknowledge and validate their identity.

I ask the Minister of State, whom I welcome to the Chamber, that we have the opportunity to live up to the ideals that the sovereign people of Ireland recently expressed in the children's referendum. During the debate on this legislation, which I hope will be adopted, the House can do much to help in this important matter.

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