Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Chair for giving me this opportunity to speak on the Gender Recognition Bill 2014. I warmly welcome the debate. Despite some flaws in the legislation, I support it strongly as an historic step towards a more equal and inclusive society. I believe this is a major civil rights issue because I want to live in a country that respects and celebrates diversity. When we knocked on the doors during the last general election campaign, many people demanded change and reform. I welcome this legislation as part of the change and reform agenda. I urge all Deputies to support it.

I had the honour this week of meeting Simon and Broden, who are parents and activists on this legislation. I would like to quote from a letter I received from Simon following our meeting and which really sums up the whole issue. The letter states:

This is indeed an opportunity for you and your colleagues to do just that - make members of the trans community's lives a whole lot easier by passing a law that validates them and gives them rights. This is not just about a piece of paper. It is about human rights - the right of a small minority of citizens to be themselves [I emphasise the words "be themselves"] not because a medic says so, not because Lydia Foy won a historic case in the European court, but because every person, and every child especially, has the right to be respected, valued and protected by their State.

I think that sums up what is going on in this legislation today. It is also a message to all of us that we need to act soon in relation to children and their rights.

I was interested to hear the comments of Deputy Lyons in reaction to some of our colleagues. He seemed to be beating up on people who are supporting the legislation because they did not come to the table sooner. I remind him that equality does not belong to any particular party. Equality is about the citizens of this State. Equality and respect for difference are important parts of any inclusive democratic society. It is important to recognise that in this legislation and in this debate. Ireland is the only country in the EU that does not provide for the possibility of legal gender recognition of transgender and intersex people. The term "transgender" refers to a person whose gender identity or gender expression differs from the sex assigned to that person at birth. The term "intersex" refers to a variety of conditions in which a person is born with reproductive or sexual anatomy that does not fit the typical definitions of female or male. These are the definitions.

Legal gender recognition provides a process for an individual to change the gender marker on their birth certificate and be legally recognised by the State in their true gender. As foundational identity documents, birth certificates are often requested for official purposes, such as accessing social welfare entitlements, obtaining personal public service numbers, getting jobs and getting married. In certain cases, a person may be recognised as one gender on certain documents and as another gender on his or her birth certificate. This puts the individual at risk of being outed when he or she applies for a job, a new passport or entry to education. It can also lead to a denial of services and restrict an individual's ability to travel domestically and internationally. Forced outing may result in harassment, discrimination and even violence. That is the world of many transgender people. The lack of State recognition of transgender and intersex identities is a major contributing factor to the marginalisation of these communities and is an urgent health and human rights issue. That is where I am coming from. We have to ensure it a human rights and equality issue as well.

I emphasise that I am strongly supporting this Bill because it is inclusive and progressive. When Opposition Deputies are supporting Government legislation, it is proper for us to point out any flaws we see in it. This Bill retains the blanket exclusion that prevents children under the age of 16 from obtaining legal recognition. This represents a failure on the part of the State to acknowledge the existence of transgender and intersex young people and the extremely high levels of prejudice they may encounter because of their gender.

For children, large aspects of education, sports and activities are gendered. Therefore, it is important that trans and intersex young people are able to participate fully in school life and activities. We must lead on this issue and deal with it. I refer particularly to schools, youth clubs and all youth groups. It is important to identify this because education will play an important part, as was seen in other equality issues over the past number of years.

I strongly support the HSE model for self-determination. This was strongly proposed by Dr. Philip Crowley, the HSE national director of quality and patient safety when he spoke at the Oireachtas Joint Committee on Health and Children. He states, "The HSE endorses a gender recognition process which places the responsibility for self-declaration on the applicant rather than on the details of a medical certificate or diagnosis". I strongly support that position and it is important to say so in the debate.

I welcome the Bill because it is of historic importance. It is about children and people but, above all, about creating a more caring and inclusive society in Ireland in 2015.

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