Seanad debates

Wednesday, 28 January 2015

Gender Recognition Bill 2014: Second Stage (Resumed)

 

2:30 pm

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

The application process for gender recognition certificates will have to be accompanied by a supporting statement from a medical professional who has experience of working with transgender people. However, it is crucial to recognise that the application process will not require any detail of care including the person's medical history or confirmation of a diagnosis. People will not have to confirm that they have been living in their preferred gender for a specific period prior to their application. The Tánaiste wanted to emphasise that in her contribution. The supporting statement will be based on a standard form, which will be available from the Department of Social Protection as part of the application process. It is worth noting that recent changes introduced by the Netherlands regarding gender recognition are similar to these provisions.

What is happening as regards the protection of transgender children in schools was not mentioned today. I have heard of those difficult situations and the choice parents have of sending children to different schools. The issues around transgender children in schools is a matter for my colleague, the Minister for Education and Skills, Deputy Jan O'Sullivan. I am aware that the Tánaiste has facilitated a meeting about education, which was attended by Deputy Ruairí Quinn. I will work with groups to arrange that this is highlighted within education and that transgender children in our schools are protected and supported as much as possible. We need to work with the Department of Education and Skills on that and it would be worthy work. Perhaps a longer discussion could take place on this at the education committee.

I urge Senators involved in that committee to take that up and run with it. What happens sometimes in our schools to our children who are seen to be different by other children is very difficult. That is over a whole range of things.

Senator Cullinane said that intersex persons are not encompassed within the Bill. The Bill facilitates applications in relation to intersex. The Tánaiste confirmed this in her Second Stage speech. I suggest that the Senator should go back to that, given that it was covered by the Tánaiste - that is already rightly facilitated. Transgender people can already get passports, PPS numbers and driving licences. We have to ensure that continues and there are no hiccoughs over that. Representatives of TENI certainly highlighted that to me in one of the meetings I had with them.

We will have a longer discussion on Committee Stage and will have an opportunity to flesh out the issues raised in the two days of debate we have had in the House. Some Senators indicated they wished to meet me privately and flesh out those issues. I would be more than happy to do that. Sometimes we can do that better in a conference room than in open debate. As Senator Mooney said, this is not a party political issue; it is about everybody working together to get the best solution possible in the short amount of time we have.

I strongly feel the Bill represents a very progressive approach to meeting the State's obligations to the needs of transgender persons. The Bill is founded on a genuine commitment on the part of the Government to enable transgender persons to be recognised for all purposes in their preferred gender. At the core of the Bill is a fundamental change, namely, the opportunity for people to obtain birth certificates in their preferred gender. The Bill contains very significant advances on previous proposals and compares very favourably with the equivalent legislation in many other countries in Europe.

It is essential that the operation of this new legislation is carefully assessed over time and the annual reporting by the Minister will be very important to elements of that assessment. That is a very important statement by the Tánaiste. As far as I can remember she also said on Second Stage that this must constantly remain under review.

This is a ground-breaking Bill, which the Tánaiste and I have supported very strongly. It has been needed for a long time. I look forward to further debate on Committee and Report Stages.

I pay tribute to this House on the manner in which the Bill has been welcomed and the very balanced comments and contributions given here. Over the coming weeks I look forward to working very closely with all Members of the House in trying to progress the legislation through the two Houses as quickly as possible. I thank Senators for their contributions and for listening to what I have had to say.

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