Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I apologise for being late. I was chairing the EU affairs committee and will have to rush off after this to get to Galway to attend meetings this evening.

I acknowledge the people in the Visitors Gallery. I met Broden, Claire, Sam and Tanya of TENI yesterday. The Bill is long overdue and will finally provide a mechanism for transgender persons to acquire official recognition and birth certificates indicating their true gender.

It is long overdue and it will finally provide a mechanism for transgender persons to acquire official recognition and a birth certificate of their true gender. Unfortunately, this has taken 22 years which, in my view, is outrageous. Dr. Lydia Foy, first sought a new birth certificate to show her gender as female, as far back as 1993. Unfortunately she was refused and in the time-honoured tradition, the State commenced a battle through the courts. The State persisted even when a High Court judge declared for the first time that Irish law was incompatible with the European Convention on Human Rights. It is deeply disappointing that the State chose to continue appealing decisions until 2010. It is also disappointing that nearly five years passed before the introduction of this gender recognition legislation.

Dr. Foy and her solicitor, Michael Farrell and the free legal advice centres, are to be commended on their work in getting us to this point. The publication of this Bill is very welcome and it will start the process of ending discrimination against one of the most marginalised sectors of our community.

Many of us are not familiar with the issue which this Bill addresses and perhaps it is because of this lack of familiarity that reform has taken so long and that so many people have had to endure problems caused by the law and by attitudes which the law has reinforced. It is difficult to imagine the challenges that transgender persons face but we must try to imagine them. We must try to imagine what daily life can be like for a transgender person in a world in which gender is so demarcated. We must try to imagine what it is like when one's feelings, one's identity and one's sense of self do not match the outside physical attributes. It is only when we do this that we can begin to enact legislation that is meaningful and effective, legislation that will tackle problems and challenge discrimination.

It is clear that some people need to make a greater effort. The Bill contains positive measures but also glaring deficiencies. The Bill is positive because, when enacted, Ireland will finally join every other country in the European Union by having a provision for recognising transgender persons.

I have attended meetings with the Transgender Equality Network of Ireland, TENI, with parents of transgender persons and with constituents and it is clear that several areas of concern need to be examined. Other speakers may have commented on these issues but I wish to put them on the record of the House. The first is the condition that a person be single before being able to avail of the provisions in the Bill. In effect, this condition will mean that the State is seeking to break up existing relationships against the wishes of partners. I realise that a Yes vote in the forthcoming marriage equality referendum, which I dearly hope happens, will negate this condition. While we are working towards securing this result, I urge the Minister of State to reaffirm his commitment to removing this condition without delay if the referendum succeeds.

The second issue concerns the age requirement. The Bill does not apply to persons under 16 years of age and this is despite the fact that many transgender persons are aware of their true gender long before the age of 16. It can be a very challenging time for families and some parents have great difficulty with acknowledging it. Everyone must remember that gender is not a choice. We need to re-examine the Bill in order to provide help for both parents and the child. A provision is required to allow parents to make an application on behalf of their child.

The third issue is medical recognition. While the best system of recognition is one similar to that in force in Denmark which is based on self-declaration, this Bill could be improved by an amendment of section 2. I urge the Minister of State to widen the definition of medical professional as set out in section 2, to include general practitioners. A person's GP is very well placed to assist in meeting the medical criteria of this Bill. I note the Irish College of General Practitioners would welcome such an amendment, as would the IMO.

I acknowledge the Minister of State's commitment to review this legislation after two years. However, it would be in everyone's interests if the legislation were to be reviewed after one year, given that it has taken decades to get to this starting point. Any further delays in enacting the rights-centred gender recognition legislation would be completely unacceptable.

I commend the Minister of State on his work on this Bill. I acknowledge those in the Gallery and their campaigns over many years to see this Bill to this point. It is regrettable it has taken so long but I look forward to Committee Stage next week and a safe passage after that.

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