Averil Power (Fianna Fail) | Oireachtas source

I have raised this issue at length on Second Stage, so I will not repeat everything I said then. I share the concerns raised. Under the legislation, there is no system whatsoever or arrangement by which somebody under 16 can obtain a general recognition certificate. The process for those over 16 is incredibly cumbersome. It will be next to impossible for many young people to satisfy the criteria.

Senator van Turnhout mentioned Argentina, where there is no age limit. Countries that originally legislated with age limits are now reconsidering them with a view to introducing more progressive legislation. We should be starting from a more progressive position rather than providing in legislation what other countries provided ten or 15 years ago. As has been stated, young transgender people know from the age of three, four or five what their true gender is. It becomes a daily struggle or challenge for them when it is not recognised by the State, schools or State agencies with which they interact. We have the opportunity to change this and help a particularly vulnerable group of young people. Among this group, the suicide rate is frightening and much higher than that for any other group. All we are being asked to do is recognise who they are. It is not much to ask for. It is incredibly unfortunate and unfair that there is no provision whatsoever for anybody under 16. Those over 16 should be able to make a decision in their own right and should not be subjected to the incredibly cumbersome process set out in the Bill. As has been pointed out, they can consent to medical treatment at that point or have surgery, which has a far greater impact on their lives and is much harder to reverse than being given a piece of paper by the State. It seems irrational that somebody would be able to consent to medical treatment at 16 but not get a gender recognition certificate.

Amendment No. 8 will ensure that those over 16 will be treated as adults and use a process set out in the legislation for those aged 18 and older. There should be a process by which young people under 16 can obtain a gender recognition certificate. It is right that this would involve parental consent.

Consequently, while I think the process the Minister of State has set out for 16 and 17 year olds is overly cumbersome for a young adult who can make autonomous decisions in other more significant areas, it would be fair enough for those under 16. I intend to table an amendment on Report Stage to provide for this. I first seek feedback from the Minister of State as to why nothing has been done for anybody under 16. As the process as provided for is so difficult to satisfy, why would the Minister of State not be satisfied with 14 and 15 year olds being able to use that process in cases where the 14 year olds themselves know what are their preferred gender, if their parents consent and if they can satisfy the court it is the appropriate course of action for them? As I stated, there is no age requirement at all in other countries and I seek the Minister of State's feedback because this is a crucial issue for a particularly vulnerable group of young people who, as the Bill stands, are being let down.