Dáil debates

Thursday, 4 December 2025

Gender Recognition (Amendment) (Prisons) Bill 2025: First Stage

 

6:25 am

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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I move:

That leave be granted to introduce a Bill entitled an Act to amend the Gender Recognition Act 2015 to make provision for single-sex accommodation in prisons; and to provide for related matters. 

I want to first make a quick reference to the motion that was brought by the Labour Party yesterday on trans healthcare. It was startling for a number of reasons. First of all, it is probably one of the biggest examples of a disconnect between the Dáil bubble and the people of Ireland on issues. The vast majority of people in this country believe that a woman is a female adult, and do not believe that a man can get pregnant. They also believe that education should be on the basis of science. The second issue that struck me about yesterday's debate was that TDs were willing to throw out scientific evidence on the basis of ideology. The safety and protection of children was actually being forgone on the basis of an intellectual fashion.

That is a major threat to well-being. The third issue was that only eight TDs out of 174 actually stood up for a vote on this issue. There were 166 TDs who stayed silent and stayed seated in relation to it. A number of Fianna Fáil and Fine Gael TDs mentioned to me during the day that they saw the speech we gave on the issue and that they agreed with the speech. That is a problem. I say to TDs, especially new TDs who may be here for a term, or two or three, in that time if they do not stand up for what they believe in, if they do not vote for what they believe in, they may as well not be here. Somebody else might as well be in that seat. If we are not actually voting on the basis of our own principles, somebody else is in that seat in many ways. My advice to those TDs is to wake up and make sure they use the time they have here in the best way they can.

I mentioned yesterday that Aontú is a pluralist, republican political party. We believe all citizens are equal and should be treated equally and valued no matter what their identity, ethnicity, religion or orientation is. I mentioned that gender dysphoria is real. It is not easy. People who have it should be treated with respect. However, the treatment they get should be on the basis of science, not on the basis of ideology. Basing treatment on ideology is actually quite dangerous.

I want to talk about the gender recognition Act. The gender recognition Act is problematic at the moment. I will tell Members why. It includes self-identification which means that anybody, for any reason, can identify themselves as the opposite gender. I am sure that the vast majority of people who use the gender recognition Act, absolutely feel that they themselves are the opposite gender. However, the gender recognition Act has no gatekeeper. As a result, no doctor or psychiatrist determines whether or not a person is transgender. Anybody can use a gender recognition certificate. That allows for potentially bad actors to seek to use that loophole for opportunistic reasons. I am not saying for a second that any person who has gender dysphoria is any more likely than the general population to have a propensity for bad action. I am not saying that for a second. I am saying that the gender recognition Act is designed without a gatekeeper and as a result it allows people to use it for bad reasons.

Women and girls have the right to safe spaces. It is actually shocking that I have to say that. We have understood that for hundreds of years. The vast majority of physical and sexual attacks that happen to women are carried out by men. Incredibly, many of the parties that sit right beside us here on a regular basis talk about gender-based violence, but they develop a blind spot in relation to the protection of women-only safe spaces. One of the consequences of the gender recognition Act is that it allows for male-born criminals to be placed in women's prisons. That is quite incredible because the female prisoners and the female staff have no option but to be in that location and the State is putting male-born sex offenders, men, into those prisons.

We have this absurd situation where Barbie Kardashian, who was found guilty of threatening to kill, rape and torture his mother, was granted a gender recognition certificate by the Department of Social Protection and as a result was placed in a women's prison. The Government stood over Barbie Kardashian being placed in a women's prison. That is a horrendous dereliction of duty in relation to the Government. It is against all the prevailing winds on a medical basis, the science basis and even the political basis. Yet, the Government stood up for that.

The ministry for justice in Britain released very interesting statistics in relation to people in prison who declare themselves as transgender. Many of them are in prison because of sexual offences. The vast majority of these trans sex offenders were born male. The ministry for justice statistics show that transgender women exhibit male-type patterns of criminality. It is clear that this data shows self-identification unfortunately is being used opportunistically. The Aontú Bill is designed simply to prevent male-born criminals being placed in women's prisons. Our Bill provides for a gender recognition certificate that does not affect whether a person is deemed male or female for the purpose of applying for the existing rule of single-sex accommodation in prisons. I urge the Government to support it.

6:35 am

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
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Is the Bill being opposed?

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael)
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It is not being opposed.

Question put and agreed to.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.

Cuireadh an Dáil ar fionraí ar 1.25 p.m. agus cuireadh tús leis arís ar 2.06 p.m.

Sitting suspended at 1.25 p.m. and resumed at 2.06 p.m.