Caít Keane (Fine Gael) | Oireachtas source

I welcome all visitors to the Gallery and I am delighted to speak on the Gender Recognition Bill 2014, which is long overdue. We often hear criticism of what Europe does to us, not what it does for us. Dr. Lydia Foy’s fight over the past 21 years at the European Court of Justice for gender recognition has done a great service to the State. Hopefully, this Bill will do more service. Other Members have pointed out how the Bill is good but requires some improvements. That is what the Seanad is about. We have all received e-mails from people outside which have educated us because we are not professionals on every aspect of the Bills on which we speak. Who better to educate us than the people themselves?

The reality for many transgender people in Ireland is that many are already beginning the process of transition before they reach the age of majority. Whether in this country or in British facilities such as the Tavistock Centre in London, young Irish people are increasingly seeking out pathways that address the medical aspects of their self-identified gender before the full onset of puberty. The term "preferred gender" is not meant to imply that gender identity is an optional choice for people.

However, without formal legal recognition to accompany their medical transition, trans youth in Ireland are vulnerable. Where a young person's outward manifestation of gender does not match the sex marker on their official documentation, that individual constantly faces the possibility of difficulties in life with the accompanying dangers of verbal and physical violence. Will the Minister of State examine the age issue around this legislation?

As legislators, we need to take account of the Yogyakarta Principles, particularly No.18b, namely that we take all necessary legislative, administrative and other measures to ensure that no child's body is irreversibly altered by medical procedures in an attempt to impose a gender identity without the full, free and informed consent of the child in accordance with the age and maturity of the child and guided by the principle that in all actions concerning children, the best interests of the child shall be a primary consideration. In countries such as the United Kingdom, Germany and Belgium, policymakers and public health practitioners are increasingly recognising that earlier medical intervention can be important for the physical and mental health development of some trans youth.

On the single status provision in the Bill, I received an e-mail from an individual who informed me the Bill’s measure requiring transgender people to divorce is a troubling and unnecessary requirement by asking people to choose between getting recognition and protection for themselves and their true gender and their families. I know the gender recognition certificate does not change responsibilities regarding parenthood, for example, as it leaves it the same and is not retrospective. Will the Minister of State, however, comment on that aspect when he is summing up?

I compliment the Minister of State for bringing this long overdue legislation forward. It is a significant advancement in this area. As I said earlier, the Seanad is here to make Bills better. Hopefully, on Committee Stage, after listening to those whom the legislation addresses, we can make it a better Bill.