Katherine Zappone (Independent) | Oireachtas source

I move amendment No. 35:

In page 29, after line 28, to insert the following:“Use of public bathroom facilities

38. (1) Without prejudice to the generality of section 17 or to the provisions of the Equal Status Acts 2000 to 2011, where public bathroom facilities are assigned based on gender, a person to whom this section applies may use the public bathroom facilities allocated to the gender that is the same as his or her preferred gender.

(2) In this section —

“public bathroom facilities” means a toilet, bathroom or similar facility that is made available for use by members of the public, or that is located in a place that is open to the public, whether for a fee or otherwise;

“a person to whom this section applies” means a person whose preferred gender is different from the gender assigned to the person at birth, whether or not the person is a person to whom a gender recognition certificate has been issued.”.

This amendment relates to the use of public bathroom facilities. I decided it was important to include this provision following conversations with advocacy groups, including TENI, because the issue of the use of public bathroom facilities often arose in the context of discussions with members of the trans community. The Bill is based on the principles of enabling the rights of the trans people to be recognised and on providing adequate protection for them in that regard. They have not had that kind of protection previously, particularly in circumstances where there could be significant harassment. In the context of public bathroom facilities, they have found there could be harassment and even violence because of wanting to use a bathroom assigned to their preferred gender identity.

The amendment uses the term "Without prejudice to" and makes a general statement in terms of the effect of the gender recognition certificate, but without prejudice to that. We consider it is important to include an amendment that specifies and clarifies that transgender people can use public bathroom facilities allocated to the gender that is the same as their preferred gender. This applies to facilities in theatres, restaurants, pubs, conference centres, schools and even Leinster House. It is important to include this amendment to help clarify they are entitled to use those facilities that are appropriate to their preferred gender, whether they are recognised under the Act or not.

Throughout debate on this, we have been made aware and now know that there will be trans people who are not recognised under the Act, some between the ages of 16 and 18, all under the ages of 16, and some who are married who will not divorce their family in order to get the gender recognition certificate. Therefore, a number of trans people will not come under the Act, if enacted in its current form. This amendment relates particularly to them, but also to all transgender people. It is important this amendment is included in order to clarify that these people have this protection. The amendment strives to facilitate the safety of trans people in public facilities and to combat the negative stereotyping of trans people, particularly young trans people.