Simon Harris (Wicklow, Fine Gael) | Oireachtas source

We all want to achieve the same thing here. There is no doubt but that this legislation has to be trans-inclusive and is trans-inclusive. As Deputy O'Reilly said, I had an excellent meeting yesterday with Transgender Equality Network Ireland, TENI, BeLonG To and with LGBT Ireland to outline to them how this legislation is trans-inclusive but also how I wanted to make sure that was beyond doubt. It has always been my Department's policy, that of this Oireachtas and my own, that a biologically female individual identifying as a male should enjoy the same rights and liabilities as a woman for the purpose of the legislation.

Section 18(b) of the Interpretation Act 2005 is of pivotal importance in ensuring that rights contained in legislation of a gendered nature apply seamlessly to trans people. It provides in an Act passed on or after 22 December 1993 and in a statutory instrument made after that date that a word importing the feminine gender shall be read as also importing the masculine gender. As Members and the trans community know, I considered inserting words such as "pregnant person" into the Bill but I have received legal advice, which I have discussed with the trans community, that to do so would create significant risk, as it would have the potential to cast doubt on other gendered provisions in other Bills. It could open up the possibility for people to argue successfully or otherwise but by implication that references to women or other gendered references in the Statute Book did not appropriately include trans people. Visibility and inclusivity are important. Following our Committee Stage engagement and the engagement with the community, I have included in the explanatory memorandum in section 2 definitions the following text: "For the purposes of the Bill a woman is defined in section 2 as meaning a female person of any age, in line with section 18(b) of the Interpretation Act 2005, a word importing the feminine gender shall be read as also importing the masculine gender so a biologically female individual identifying as a male will enjoy the same rights and liabilities as a woman for the purposes of this Bill."

Explanatory memorandums are read and published alongside the legislation. I have also spoken to those drawing up clinical guidelines to make sure they are aware that the legislation is trans-inclusive. They have assured me that they are and that they will also include that in the clinical guidelines. It is a different way of trying to achieve what we are all trying to achieve but let the record of this House show clearly in passing this Bill, which I hope we do shortly, it is trans-inclusive and there should be no doubt about that

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