Dáil debates

Thursday, 5 March 2015

Gender Recognition Bill 2014 [Seanad]: Second Stage (Resumed)

 

3:05 pm

Photo of John LyonsJohn Lyons (Dublin North West, Labour) | Oireachtas source

Perhaps the Deputy is right. I referred to Ms Elizabeth O'Farrell, the lady who exited the GPO with the heroes of the 1916 Rising and gave the surrender flag to the British. As we all know, she has been airbrushed out of the picture depicting the moment of surrender. In most of the photographs that we see, there is a man in her place. I know, TENI knows and transgender people know what it is like to live in the shadows of society and not be recognised as the people we are. It is tough. Most Deputies are straight and face no issues over their genders or sexualities. They never need to debate in this House and put their hearts on their sleeves to achieve a better society. They may debate from their hearts upwards and have passion and enthusiasm for what they say, but they are unlike the people upstairs and do not know what it is like at first hand. I do not know what it is like either, but I know what it is like to feel that I must constantly do more than every other politician and expose myself because I believe in a better society.

Perhaps in generations to come, there will be no issue with the words, "transgender", gay" and "lesbian" because we will recognise people fully for who they are, which is individual citizens, with equality for one and all, with no difference or segregation and with everybody having access to participate fully in society because that is what society is about. That is why I am in politics and that is why I will try to stay in politics because I want to keep on fighting. However, I will be delighted to see the day when the politicians who come after me and those who come after the tremendous people who have been fighting for transgender rights can reach the point where transgender people can eventually lay their hats down and live their lives as one just like us. That is all that people want. I did not come to the House to say that but I was getting frustrated. I mean no disrespect to my colleagues on all sides of the House but I am calling this for what it is, having listened to an hour of contributions.

We have to face up to where we are at. I would like this legislation to be better but the people who would most like it to be better are those who will suffer because the legislation is not as progressive as they would like but I see the glass half full and that is the way I look at life. I cannot help but acknowledge this is landmark legislation. For this first time those who have been airbrushed out of society because they are transgender will be brought into society and recognised. Imagine living one's entire life without being recognised by society in the laws it provides for its citizens. Yet these people get up and go to work, pay taxes and vote but they are not recognised by society. As much as it will disappoint some people to hear me say this, we must recognise that the legislation is a significant landmark in itself. For whatever reason between a political push and legal proceedings over 21 years, we have arrived at a stage whereby, thank God, a sector of our society which has been forgotten is recognised. Because of them being forgotten, airbrushed out of society and being left tin the shadows, they have been stigmatised and mistreated. It will take more than legislation to address this but the Bill will allow the provision of services to people who are transgender to develop in order that one day their gender issue will be a non-issue.

Previous speakers mentioned the single criterion. I listened to the Minister of State's opening contribution in my office but these Members obviously are not aware that the Government is tabling an amendment to ensure the same-sex marriage Bill will include provision to amend this legislation. For everybody affected by the need for a "Yes" vote in the referendum, we need everyone to ensure it is secured. I urge the transgender community to get as many people out as possible because we can and will get a "Yes" vote. That will eliminate the single criterion issue.

I refer to the medical criteria issue. I am a gay person and back in 1974 the medical world thought I was somebody who needed to see a psychiatrist. I had something else prepared to say until this morning but I genuinely think it would not be right for me to have to see a psychiatrist and for him or her assess whether my sexuality is what it is. It is not right that we should put anybody in that position because the individual knows best. We need to find a road map to get to that space. We can come to the House and criticise the lack of such a road map or we can find the solution to provide it. The two year statutory review will be the gateway to get there. I spoke to the Minister of State earlier and he is anxious to keep in contact with TENI and various other transgender groups on a regular basis and to use the review period as an active road map to develop the legislation. I would like this to be different but, being realistic, that possibly will be the solution.

On the GP issue, people having to expose themselves constantly takes away their dignity. The GP is the person with whom they might feel most comfortable and we do not need to them in unnecessarily undignifying position. We do that currently and that is not acceptable. We must find a way to get to a point whereby the certification can be issued through GPs, if not now, then as soon as possible. I would not like as a gay person to have to go through that process and I believe transgender people will relate to what I have said.

I refer to the issue of young people aged under 18 who are in schools, training centres and universities. It is not acceptable that just because a birth certificate states a person is called X, that he or she must be called by that name when he or she finds his or her gender and is living in that space. It is unacceptable to undermine a citizen like this. Schools should not need a circular about this. A school that values every person in the school community and his or her dignity should do that without having to be told by the Minister for Education and Skills. However, she is anxious to ensure the strongest enforcement and messaging delivered to ensure this does not happen to people.

We are where we are and I would like it to be better but let us recognise that for the first time transgender people will be given a legitimate legal space in society. I wish this had happened a long time ago but I am committed to doing what I have done for the past number years and not just recently, which is to work with the people affected by this issue and to keep on championing it. Members in other parties will do the same because that is how change is delivered. It does not happen by hearing from somebody two days before a Bill is taken and coming into the House to say what must be done. Any sensible politician will know that it is through the long game of political engagement and constantly achieving a critical mass that political change is created, not by listening to people affected by an issue two days before a Bill is taken in the House. It is a long game. I wish all those Members had become involved in this much sooner and perhaps we would not talking about these changes now.

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