David Norris (Independent) | Oireachtas source

I second the Bill.

It is my great honour to do so. I congratulate Senator Warfield on his vision in producing this Bill. It is a very professionally produced Bill and it is very welcome. Somewhat to my surprise, as a result of my experience in Seanad Éireann since Sinn Féin has been elected here, I find it to be a very progressive party of the left, many of whose policies I have no difficulty in supporting whatever. They have been extremely good in the area of sexual reform in particular.

The question of transgender people is to someone of my generation, and I am nearly 73 years, a comparatively new phenomenon. It simply was not mentioned. I do not think the word "transgender" was in our vocabulary, we simply did not know. We certainly did not know the scale of the situation that confronted people in this situation. It is very welcome indeed that we now do so. When the original Gender Recognition Bill was put through the House, it had a clause indicating that there should be a two-year review. I am very glad that Senator Warfield has taken this opportunity to operate this review and to look at the situation to amend the legislation in a way that is progressive and forward-looking. The legislation itself was, at the time, progressive and imaginative, but as the two-year review clause indicated, it was not the final word on the matter.

I come from an older generation that is now fast disappearing, if one reads the obituary columns in the newspapers. For people of our generation, the usual thing to be said about children was that they should be seen and not heard. There was no real conception that children had independent rights of any kind at all. I remember a hell of a battle that I had here to try to introduce the guardian ad litemclause, but we eventually prevailed. If one looks at international views on the position of children, the United Nations Convention on the Rights of the Child requires states to respect the right of children to be heard and to duly take into account their views, and that the best interests of the child shall be of primary consideration. That is what should govern all legislation in this area - the rights and well-being of the child. The Convention on the Rights of the Child notes: "the assessment of a child's best interests must include respect for the child's right to express his or her views freely and due weight given to said views on all matters affecting the child". A blanket age restriction on gender recognition does not follow these ideas.

I was involved in a learning process on this area. I did not know much about it, but listening to the voices of transgendered people, it is remarkable the very early age at which people identify this situation, I would say much earlier than gay people. I always kind of knew I was gay, or I did not know I was gay but I knew I was me and being gay was part of my personality, but I do not think I actively considered anything like that until I was around 11 years old. People of a very young age identify as transgender.

Among the things in this Bill which we should applaud, is the recognition for the first time of providing a gender recognition certificate to people who do not identify themselves as either male or female. Again, this is a completely new prospect. I remember the interest caused when someone from RTÉ, it may have been a weather person, announced they were gender fluid. I think it is appropriate that we consider these matters.

The requirement for a medical certificate was a complete mistake. It should not be seen primarily as a medical situation.

Legal gender recognition for people under the age of 16 years is a highly significant element of this Bill. According to the explanatory memorandum, this will ensure that the Circuit Family Court is no longer prohibited from making an exemption order under section 12 of the principal Act for the sole reason that the child has not reached the age of 16 years. This is very much to be welcomed. Again, we come to the principle that the most significant element to be considered should be the welfare of the child. In appraising what course of action best serves the interest of a given child, the court should ensure that as far as practicable where a child is capable of forming his or her own views, the views of the child should be ascertained and given due weight with regard to the age, maturity and evolving capacity of the child.

It is also important in considering these matters to take into account the evidence from TENI, the Transgender Equality Network Ireland. Thanks to Senator Warfield, I have a document on the subject of legal recognition of trans young people. There is evidence that social transition can greatly improve a trans child's emotional well-being, promote better health, improved self-esteem and confidence yet social transition can be very difficult if it is not formally recognised through some type of legal gender recognition process. Young people use these things such as their birth certificate and so on, in enrolling in school or college, for example, and they are looked at and called into question. The current criteria for legal recognition of 16 and 17 year olds is very restrictive and acts as a barrier to young trans people to obtaining legal recognition.This is partly due to the fact very few medical practitioners are properly qualified in this area. There is reference in the document to a young trans man, who states he was 17 when he received his first letter from a psychiatrist and now he is 21 and he is still waiting for his second letter. It is outrageous to keep somebody holding on like this for four years. I have another document which states it is time to listen to the voices of these young people, and to the voice of Amnesty International, which states the absolute denial of legal gender recognition to individuals under a given age is not consistent with existing international standards regarding the rights of children. Legal gender recognition should be accessible to children on the basis of their best interests and taking into account their evolving capacities.

I will quote a very moving email I received from somebody who lives in rural Ireland:

I live in Boyle, Co. Roscommon, a tiny, little town, and I live openly as a transgender person. It’s no secret. Everybody knows me - and with very, very few exceptions people have been wonderful: very friendly, understanding and accepting. This is the kind of thing that makes a real and positive change in someone's Life. The people of this town are the best in the world and I know that they have no way of measuring what they have done for me. I recall, too, walking in the St. Patrick’s Day parade last year in Longford with the local LGBT group. At various places along the way we were given a round of applause. Then when we got to the end, the MC on the podium introduced us to the crowd there, and they gave us another round of applause.

That is the Ireland of which I am proud to be a citizen and I very much hope that the Minister will be able to accept this excellent legislation. I have to say I think it is remarkable that a young man such as Senator Warfield, in his first term in the Seanad, should introduce several measures that are so progressive and so necessary, and I hope the Minister will be able to give this legislation a welcome.