Kevin Humphreys (Dublin South East, Labour) | Oireachtas source

I am deeply conscious of the sensitive issues which arise in regard to transgender children. The purpose of the Gender Recognition Bill 2014 is to provide that a person’s preferred gender will be fully recognised by the State for all purposes. This is a significant step and one which requires that the applicant is sufficiently mature to understand the implications of securing such formal legal recognition. The provisions contained in the Bill in regard to transgender children have been arrived at following extensive consideration of the issues involved, including pre-legislative scrutiny by the joint Oireachtas committee. They reflect the requirement on the State to legislate to protect the best interests of all children.

The provisions in the Bill to provide for the granting of a gender recognition certificate to a person aged between 16 and 18 go beyond what is available in most countries currently. I have also brought forward an amendment to the Bill which provides for a formal review of its provisions after two years. As I have already said in the Seanad and the Dáil, and have made clear at every stage, that review is not just a tick-box process. This is one of the very positive suggestions made in the Seanad. It is such a sensitive Bill that it should be reviewed within two years. The appropriateness of the measures contained in regard to children, and the specific safeguards in place in regard to 16 and 17 year olds, will be assessed under that review.

Separately, I am pleased that my colleague, the Minister for Education and Skills, has committed to taking steps, in consultation with the transgender community and other stakeholders within the education system, to explore the policy options available to address the needs of transgender children within the school system.

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