Averil Power (Fianna Fail) | Oireachtas source

As I stated on Second and Committee Stages, my preference would be to allow access for those over 16 to be treated as adults using the procedures set out in the Bill for those aged over 18, and to allow access for those under 16 to a full gender recognition certificate through the court process. I can see Senator van Turnhout accepts that while we have made this argument at earlier Stages, the Government does not seem willing to move on it. In this spirit Senator van Turnhout has drafted this compromise.

In trying to decide on the difference between applying to the Minister and a court, while we often want to keep matters out of court and not put people in a court situation, I would have some concerns about a ministerial process because there is less provision to be heard in writing to a Minister and asking him or her to consider the case. The Minister will not sit down with the person, talk it through and give him or her an opportunity to advocate, have a conversation and be part of the process. I am a little concerned about this, whereas at least in court everybody has a right to be heard and the courts are bound by overall principles with regard to the best interests of the child and listening to children in proceedings which affect them. For this reason, my preference would be for a court process.

We have re-tabled the amendments I tabled an Committee Stage which we did not push to a vote. We hope the Minister of State might, having reflected, take a more positive approach today. Amendment No. 9 is the Fianna Fáil amendment on deleting the reference to the age of 18 for a person applying for a gender recognition certificate in his or her own right and replacing it with the age of 16. Amendment No. 25 is the Fianna Fáil amendment to allow those under 16 access to a full gender certificate through the court process.

The process the Minister of State has set out in the Bill already contains many safeguards, as somebody going to court needs to have, in the first instance, parental consent and then must convince a judge it is the right thing to do for the individual child. I do not see why the Government would be worried. It would be a fair process. The best interests of the child would be paramount.

Senator van Turnhout read into the record the experiences of some transgender young people who have been denied recognition and the horrific impact this has had on them. I have also learned from speaking to transgender young people and their parents who feel they have come on a journey with their young person. They had to learn a lot to really understand where their child or teenager was coming from and come to a position where they understand and support them. We now have incredible advocates in TransParentCI and other groups. Parents are passionate about this because they see the impact our failure as a Legislature to support their young people is having on their son or daughter.

As Senator van Turnhout stated, sometimes what makes the difference with regard to people's happiness is simply recognising who they are, facilitating them at school and facilitating them in having a gender recognition certificate. It is not much to ask of us to give somebody an opportunity to have his or her true gender identity recognised, given the impact it has on the young person. It is a huge gap in legislation. It is unfair to leave out this especially vulnerable group of young people, many of whom without support and true recognition struggle with huge mental health problems and even, as Senator van Turnhout stated, suicidal thoughts and tendencies. The incidence of these mental health problems is high among LGBT people, and particularly high among transgender young people. We have an opportunity with this legislation to address it. As the Bill stands we are not doing so and this is a huge shame. It is a major failing in the legislation. When we come to later amendments I will push them, to allow full access to a gender recognition certificate. If the Minister of State were willing to accept Senator van Turnhout's proposed compromise, we could work on it and I might withdraw my amendments. I would like to see us do something for these young people because it is so wrong that we are not.