Seanad debates

Wednesday, 10 May 2017

Gender Recognition (Amendment) Bill 2017: Second Stage

 

10:30 am

Photo of Grace O'SullivanGrace O'Sullivan (Green Party) | Oireachtas source

I offer heartfelt thanks to Senator Warfield for taking the initiative and putting the work into this important step towards full equality in gender recognition. His eloquence and dedication in this matter are a testament to himself, his party and the cause. I am most delighted to have been asked to co-sign and second this Gender Recognition (Amendment) Bill 2017 with the father of the House, Senator Norris, and its initiator, the youngest Member of the Seanad, Senator Warfield.

As a member of the Green Party and of the civil engagement group, which is supporting me today, it is my duty and privilege to add my voice to those calling for greater freedom. The passing of the Gender Recognition Act 2015, by the previous Government, was a major step forward in the modernisation of Ireland and the creation of a fairer and more pluralistic society. It ended the 22 year struggle of Dr. Lydia Foy to get legal recognition of her true identity and has since made a major contribution to the lives of transgender people in our country. The Act had other practical effects. Legislation can affect the lives of citizens in ways other than administrative or legal ones. It can be an indicator of social change, of acceptance, understanding and new realities.The best example of this in Ireland was seen in 2015, when a large majority supported marriage equality for all our citizens. I have seen the effects that legal changes such as marriage equality and the Gender Recognition Act 2015 have had on people. I am thinking in particular of young people who always struggle to find their place in the world as they undergo the complex transition to adulthood, which is never easy. Laws can help to change perceptions, validate experiences and reflect changing norms in society. This is not their primary aim, but it is an important side-effect.

Dr. Martin Luther King suggested that "the arc of the moral universe is long, but it bends towards justice". As we observe some of the hate spewed by extremist parties across Europe, watch the President of the United States display such pride in his ignorance and see basic human rights continuing to be threatened in many countries, it is sometimes hard to believe the progress we have made in freeing people from cruel and needless oppression is quite fragile. We have been hearing about horrific abuses of gay men in Chechnya, ranging from confinement in camps to Chechen Government calls for families to kills their own sons and brothers in the name of the avoidance of shame. The values of progress, tolerance and acceptance are hard fought for and must be equally robustly defended. We must continue to bend the arc of the moral universe towards progress. That is what we are here to do today.

One of the central principles of this Bill is that those affected by the existing legislation - mainly young transgender people and non-binary people - are best placed to decide what is good for them. This Bill has the support of Transgender Equality Network Ireland, which has assisted in its drafting and advised on its development. It is great to see representatives of the network present in the Gallery today.

I mentioned earlier the complex and constant difficulties of growing up for all people. Some people have raised concerns about allowing young transgender people under the age of 18 to decide their own fate. This ignores the evidence and lived experiences of people like Dylan, who is here today. He was brave enough to talk to the Oireachtas delegation at the briefing for this Bill in the AV room yesterday. I have to commend Dylan's mother, who spoke very powerfully as the mother of a transgender person. Dylan told us about the continuing discomfort caused by the big and small obstacles placed in his way in school and elsewhere as he has sought to become the male person he has always known himself to be. This is not a teenage fad or a whim; this is his life.

In my former life in Greenpeace, I had the privilege of knowing other transgender people who grew up in a previous generation. They are living full and fruitful lives, but the process of coming out was neither simple nor early for them. Some of them delayed that process for decades because of doubts and anxieties. We also heard yesterday from Sam, who is also here today, a person who does not feel comfortable being assigned entirely to either of the two prevalent genders. Sam described the difficulties faced on a regular basis in airports, workplace environments and elsewhere. We also heard about the consequences that dysphoria has had for Sam's mental health.

This Bill can help to improve the situation by removing some of the practical difficulties faced by Dylan, Sam and others. It is not an end solution; it is part of the process. The Government will be reviewing the operation of the Gender Recognition Act 2015 this September. The amendments provided for in this Bill will enable it to take account of a broader and better view of the needs of the communities. I welcome the indication of Government support we have heard from the Minister, Deputy Varadkar. I also welcome the start of a nationwide public consultation on the needs of young LGBTI people in Ireland in advance of the national strategy later this year. I hope everyone else who contributes to this debate will join the Minister in this spirit of positive engagement as we work to ensure all children of the nation of Ireland are cherished equally.

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