Seanad debates

Wednesday, 10 May 2017

Gender Recognition (Amendment) Bill 2017: Second Stage

 

10:30 am

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

We should not underestimate the impact of the civil marriage equality referendum in allowing the previous Government to breathe and to rethink the original, flawed gender recognition proposals. That Government acted when the people said in no uncertain terms that they believe in an equal Ireland, that they favour civil marriage equality and that all citizens should have the same opportunity no matter who we are, what we look like, where we are from or who we love.Two years on from both of those LGBT milestones - the passing of civil marriage equality and the passing of the Gender Recognition Act - now is our time to act. Let the Seanad be the House that does so. It is imperative that we listen to trans voices. The trans community has spoken. To no surprise, self-determination remains a core demand. That message is consistent, loud and clear. This amendment Bill seeks to extend the right to self-determination to trans people aged 16 and 17 years. For the first time, this legislation will also open a legal pathway, currently unavailable to trans people under the age of 16 years. With this legislation, the State will truly recognise the existence of trans young people, acknowledging that one does not just turn trans on turning 16 years of age. We can facilitate that process through family consent and through the Circuit Family Court.

The third element of this legislation is focused on the status of non-binary people in the two-year review of the operation of the principal Act in 2015. Passing this legislation will ensure that the Minister specifically considers the possibility of providing a gender recognition certificate to citizens who do not identify as a man or a woman or as male or female. To do so in this legislation does not infringe or prevent the Minister from exploring any additional topics or questions in that review.

When we recognise a person's right to a home, to marriage equality, to gender recognition, to Traveller ethnicity, to live free from direct provision, when we recognise a citizen's right to a universal health service, to decency and democracy at work, when we achieve access to basic rights such as these, we will not only positively empower people but we will enable people to live at peace with their lives and free society from scapegoating and a search for the other. Be sure of this, the type of change that we seek here is possible; progressive change, clear in black and white on the seven pages of this Bill. The trans community has never let this State down. It is surely time for Government and State to step up and fully embrace the valid concerns and aspirations of our trans community because the contribution of that community to the betterment and social integration of this island is truly invaluable. The Oireachtas is nothing without the people. Politics should always face outwards and today the Oireachtas has a chance to act as that engine for change, to say that our response to a fractured world is truly inclusive and that our response includes all the multitudes of voices that together speak of and for a new Ireland.

I hope Senators join with us in recognising and importantly celebrating the existence and visibility of trans young people in law and vote with us in favour of the Gender Recognition (Amendment) Bill 2017.

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