David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 34:

In page 29, between lines 5 and 6, to insert the following:

“Offence of disclosing information contained in a Gender Recognition Certificate

36. (1) It shall be an offence for a person who has acquired protected information concerning a person’s gender in an official capacity to disclose the information to any other person.

(2) “Protected information” means information which relates to a person who has had their recorded sex changed, or made an application to have it changed and concerns either that application or the information changed or concerns the person’s previous recorded sex.

(3) A person acquires protected information in an official capacity if the person acquires it—(a) in connection with the person’s functions as a member of the civil service, a member of An Garda Síochána or the holder of any other public office or in connection with the functions of a local authority, or statutory body, or of a voluntary organisation,

(b) as an employer, or prospective employer, of the person to whom the information relates or as a person employed by such an employer or prospective employer, or

(c) in the course of, or otherwise in connection with, the conduct of business or the supply of professional services.(4) It shall not be an offence under this section to disclose protected information relating to a person if—(a) the information does not enable that person to be identified,

(b) that person has agreed to the disclosure of the information,

(c) the information is protected information by virtue of subsection (2)and the person by whom the disclosure is made does not know or believe that a full gender recognition certificate has been issued,

(d) the disclosure is in accordance with an order of a court,

(e) the disclosure is for the purpose of instituting, or otherwise for the purposes of, proceedings before a court,

(f) the disclosure is for the purpose of preventing or investigating crime, or to the National Vetting Bureau,

(g) the disclosure is made to the Registrar General,

(h) the disclosure is made for the purposes of the operation of payments administered by the Department of Social Protection,

(i) the disclosure is required by law.”.

The rationale for this amendment is to insert a provision that would make it an offence to disclose information about a person's gender identity that was received in the course of official business. We ask that the Minister of State would consider this, given the level of stigma and discrimination which is faced by transgender people. A person's gender status should only ever be disclosed with the person's consent. We find it remarkable that no consideration has been given to this despite TENI raising it during the original discussions around the scheme of the Bill when it was first published.

We will raise this matter on Report Stage as well so I do not intend to press the amendment, and I know the matter was also raised on Second Stage. I have some further points to make but I will listen to the Minister of State's response. We do think it important, given the sensitive nature of this, that a person's right be protected. The amendment proposes a new section to make it an offence for someone who is working in an official capacity to divulge information in regard to a person's application in this manner. I look forward to the Minister of State's response.