Joan Collins (Dublin South Central, United Left)
Link to this: Individually | In context | Oireachtas source

8. To ask the Minister for Social Protection her views on the upcoming Gender Recognition Bill; that the proposed criteria for 16 and 17 year olds to access the legislation is onerous, as it requires parental consent, letters from two physicians and a court order; that it will also leave transsexual and intersex individuals under the age of 16 in legal limbo; and her plans to deal with these issues. [17347/15]

Joan Collins (Dublin South Central, United Left)
Link to this: Individually | In context | Oireachtas source

Since the Gender Recognition Bill has been put on hold in regard to discussions with GPs on the medical aspect, is the Minister of State linking in with the opinions of transgender young people on this Bill? I do not think we have adequately dealt with the under-16s or the 16 to 18 year olds and how they are recognised. The Irish Human Rights and Equality Commission has called for this and has said there should be more leniency on this issue.

Kevin Humphreys (Dublin South East, Labour)
Link to this: Individually | In context | 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.

Joan Collins (Dublin South Central, United Left)
Link to this: Individually | In context | Oireachtas source

We, including the Minister of State, have an opportunity to review the three key areas that have been particularly raised by the transgender community. The fact a 16 to 18 year old has to get two medical consultants, convince his or her parents and go before a judge before getting a certificate is too onerous, and we should seriously look at accepting the self-certification of 16 to 18 year olds. The fact those under 16 are not even recognised means they are going to be a hidden group of young children who have no opportunity to be recognised, even where their parents recognise they are transgender and would like to get a certificate for them, or even a half-way passport or something of that nature.

If they are not recognised, they do not get services. What if a transgender child is in State care? How does a person looking after that child deal with the issues the child has in regard to their gender? If the services are not being matched with recognition, they are not going to be really adjusted. It is the same with regard to disability.

When a disability was legally recognised, the Government then had to link in services for the group of people who needed them.

Kevin Humphreys (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

It is hoped that Committee Stage of the Bill will be taken shortly and we can debate the matter much more fully. It is a very sensitive matter. As the Deputy made her contribution, several contributions were made in the Seanad on this matter. That shows there is a lack of in-depth research on this area. One country has recently reviewed its policies and while it has self-certification, it has not allowed anything for those under 18 years of age. In contrast, we have a very limited process for those aged under 16 years.

It is very important that we continue the engagement on this issue once the Bill has been passed. There has to be an ongoing debate and discussion because this does not just concern birth certificates. Rather, it is about how transgender people and children are dealt with at all stages of their development. It goes far beyond the right to a birth certificate and how we treat and interact with our citizens.

We have gained a better understanding of the issue since the Bill came before the House. The Government and I have approached the issue with openness in listening to the concerns of different groups and taking the views on board. The two year review is significant and we have put it on hold because we listened to other contributions in the House over two sessions.

I am looking forward to dealing with Committee Stage. There is an onus and responsibility on us to try to make sure that the Bill is passed this year under the current Administration, and I and the Tánaiste are committed to getting the Bill through as soon as possible. I thank the Deputy for her contribution.

Joan Collins (Dublin South Central, United Left)
Link to this: Individually | In context | Oireachtas source

Has the Minister of State or Department engaged with children aged under 16 years who have declared themselves to be transgender or with intersex children to get their feedback? When does the Minister of State think Committee Stage of the Bill will be dealt with?

Kevin Humphreys (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

I hope the Bill comes back before the House as soon as possible. We are in discussions with the Royal College of Physicians. I understand the HSE is in contact with the IMO, but I will update the Deputy as soon as I have additional information. Subject to the ongoing consultation, I would hope to deal with Committee Stage as soon as possible.

I have met almost everybody who has requested a meeting. I have had ongoing meetings with TENI and, as soon as I have finished discussions with the Royal College of Physicians, I intend to consult it again. I have also met parents. It is an extremely sensitive issue and everybody in this House is trying to do their best to do the right thing as much as possible. We may not always agree on this, but we have a responsibility to make sure that we do our utmost to protect children.

The Deputy has seen my efforts in this House to go as far as I can. The Dáil and Seanad have been extremely open in regard to the Bill. There is an onus and responsibility on us to get legislation on the Statute Book this year and then carry out the review in a very consultative and informative way.