Billy Timmins (Wicklow, Independent) | Oireachtas source

I welcome this Bill, which was prepared as a result of the campaign by Dr. Lydia Foy and others. Dr. Foy has been seeking a new birth certificate in her preferred gender for the past 21 years. The Bill provides for the formal legal recognition of a transgender person's preferred gender through the grant of a gender recognition certificate when the applicant has satisfied certain criteria. The transgender person will be then entitled to a new birth certificate setting out his or her preferred gender, marry a person of the opposite gender or enter a civil partnership with a person of the same gender. The Bill requires that an applicant for gender recognition divorce pending the outcome of the referendum on same sex marriage, which is due to take place in May 2015.

This is a subject with which few people are familiar. I acknowledge the work done by those who have lobbied for this Bill in terms of informing and educating me about the issues arising. While there is a broad welcome for the Bill, concerns have been expressed about certain shortcomings, some of which are temporarily required while others are not necessary. When we introduce Bills of this nature, we should do so to facilitate people in obtaining a certain status. I do not understand why we would make it more difficult for people to achieve that status. It has been pointed out to me that the requirement for a certificate from an endocrinologist in order for the process to be completed would give rise to undue weight being put on this area. This process is not the same as changing one's hairdo or favourite football team. It is a serious and brave decision for those involved. I can only imagine the trauma and challenges such individuals have encountered and I hope when the Bill is passed that they will not face similar experiences in future. I ask the Minister to consider allowing the certification to be completed by a GP.

Issues also arise in respect of putting obstacles in the way of individuals aged between 16 and 18 years. The issue of blocking at puberty was raised with me. I ask the Minister to take expert medical advice or to engage with stakeholders on this issue because it is an important aspect of the Bill which might make life much easier for those concerned. The context of this Bill is situations in which gender was incorrectly assigned from the beginning or else where the nature of the gender assigned to an individual changed for biological reasons. It is not an illness or something that lands overnight; it is a fact of life.

Married people will be required to divorce before they can avail of the provisions in this Bill unless the same sex referendum is passed. It would be regrettable if the referendum is defeated and people are not be able to avail of the Bill. I am a strong defender of equality and I am also conscious that when one does not utter a certain mantra or line, one can leave oneself open to ridicule. My good colleague, Deputy Buttimer, is a strong advocate of same sex marriage. I believe the majority of Irish people support the principle of equality. Perhaps, however, the Government should have considered putting same sex marriage on an equal footing in the Constitution rather than redefine the current provisions. I am concerned this issue will be used in the coming months to create uncertainty and muddy the waters. I believe there is overwhelming support for gender recognition. There is no room for ambiguity because it is a factual, biological matter for people who have encountered considerable difficulties in the past.

There is an onus on all of us, including educators, to examine the way in which we treat younger children who self identify as a different gender from the one that society ascribes to them. Such a child may be attending an all-boys or all-girls school. The authorities and the State must give credence to that position and to take whatever logistical steps which might be required. It should be understood that it is not acceptable to describe a class is an all-girls class if it includes a transgender person. We have to put in place the physical mechanisms and create an understanding of such people. We should not regard this Bill as merely setting out an administrative process for people who reach the age of 16 or 18 years. We should educate ourselves and society about the needs of those who are caught in this situation earlier in life.

For many, the recognition that they have been incorrectly assigned a gender or that their gender has changed over time and the practical issues that arise are very difficult. It is important that any assistance that can be given by society at large and State agencies, in particular, is given to make things much easier. I support the Bill fully and hope the shortcomings which may be identified for very good reasons can be addressed as soon as possible.

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