Paul Murphy (Dublin South West, Socialist Party) | Oireachtas source

I pay tribute to the campaigning work of transgender people and, in particular, Transgender Equality Network Ireland, TENI. Without that, we would not have the Bill before us. The campaign is responsible for having the Bill and also for the fact that the criticisms raised about the inadequacy of the Bill have been widely reflected in the debate on Committee Stage in the Seanad and today in the Dáil. It is a tribute that the group has not accepted the Bill as grateful people happy to have something but, instead, have pointed out the real weakness and have struggled to make it a stronger Bill. It is a real illustration of what the abolitionist, Frederick Douglass, said that power concedes nothing without a demand. It never has and never will. It takes oppressed groups of people struggling and fighting in difficult circumstances to force any progressive change. These are not granted to people but won through struggle from below. It is only by a continuation of that level of struggle that we will finally reach a stage where trans people are not discriminated against.

The basic elements of the Bill, legal recognition of people's gender identity, is a step forward and a step out of the dark ages where Ireland is the only country in the EU that does not allow legal recognition of transgender people. It is the beginning of an end of a nightmare where people's gender is not legally recognised. We can imagine the situation that creates for people. Those of us who have attended briefings and discussions with people in the past number of months have heard multiple stories about people going to school wearing the wrong school uniform, which is not the school uniform of someone's gender and not being able to use the correct toilets of someone's gender and having teachers who see people in a gender that is not their gender. All the way through life, this creates difficulties for people. It is no wonder we hear statistics on the prevalence of mental health issues. In some studies 78% of respondents had thought about ending their lives and 44% said they had self-harmed. This information has been made available from the TENI study Speaking from the Margins: Trans Mental Health and Wellbeing in Ireland. That is not an individual problem or failing of those who experienced mental health problems but a problem of society that does not recognise their gender. This is reflected in many ways, whether in families that tragically do not accept their children for who they are, social exclusion from peers, and discrimination.

Like many of these issues, legal recognition will not change that overnight but it can be an important factor in changing attitudes. That is the most important aspect. There are serious problems with the Bill and the Government should not hide behind saying it is big progress, there is a need to have the Bill enacted now and that if we want to have more progressive legislation we would need more consultation. It is cowardly of the Government to do so, given that these issues have been raised repeatedly since the debate started in the Dáil, in the committee and in the Seanad. The Government should accept there are failings in the Bill and accept key amendments to change it that would make a real difference for people.

The first key issue has been addressed by others, which is the effective requirement for a forced divorce. This forces people to get divorced before they can get legal recognition of their gender identity. It ignores the actual reality that trans families exist and discriminates against their marriage, the trans people, their spouses and their children. I do not accept the argument that it will be resolved with the passing of the same-sex marriage referendum and that we should wait. At the very least, we should have a sunset clause to ensure that, when the referendum is hopefully passed, the requirement automatically disappears.

The second key issue is discrimination against trans young people, first, by saying there is no possibility for those under 16 years of age to have their gender legally recognised. This is despite the fact that studies suggest the vast majority of trans people had identified their gender before the age of 18 years. It is some 94% according to a study from 2013 and many have done so much below the age of 18 years. Second, the barriers put in place for those aged 16 and 17 years, of parental or guardian consent and a high level of medical assessment, means that it will not happen. We can say it is legally possible to have a 16 or 17-year-old to have gender legally recognised but that will not happen. People will be 18 years of age before it happens so it is not of much use. We should be clear that we are not talking about medical transition but the simple legal recognition of people's gender. At the very least, 16 and 17-year-olds, and I would argue younger people, should be able to self-determine and self-declare their gender.

The third key problem with the general approach of the Bill is the medical approach, seeing this as a medical issue and requiring medical assessment and intervention. The requirement of a certificate of a medical practitioner, an endocrinologist or a psychiatrist is entirely wrong and unnecessary. It says that it is up to medical professionals to decide whether people are able to correctly determine their gender identity. That is not the case, it is up to people themselves to determine it. That is the whole point about a progressive approach on this issue. At the very least, the Government should take on board the letter from the Irish College of General Practitioners, which urges the addition of GPs to the definition of primary treating medical practitioners. At the least, this would make it more accessible to trans people but, in reality and in line with best practice, there should be a simple administrative process where people make a statutory declaration as to their gender identity.

The final point I will raise is the absence of consideration of those who do not identify with either binary gender, male or female. This is the case in Australia and Germany in certain circumstances and there should be the possibility of identifying as ex-gender and not forcing people who do not identify with either to choose between male and female.

I hope the Government takes on board some of the key amendments but mainly I hope that, regardless of what happens, if the Bill is passed it is seen as a partial victory for those fighting for it and that they continue to fight and to press until we have full equality and an end to discrimination.

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