Seanad debates

Wednesday, 10 May 2017

Gender Recognition (Amendment) Bill 2017: Second Stage

 

10:30 am

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Labour) | Oireachtas source

I welcome the Minister to the House. It is great to have him here in his current capacity. Given what his next capacity might be, it is good to have an opportunity to air our opinions with him. I acknowledge the presence of various campaigners, including representatives of Transgender Equality Network Ireland, in the Gallery.

It was interesting to listen to the comments of Senator Butler earlier in this debate. When I was a member of the Joint Committee on Education and Social Protection in the last Oireachtas, we were not expecting to be asked to deal with gender recognition legislation. One would imagine that such a Bill would be an equality measure, but it turns out that it is a social protection measure. I think it would be reasonable to suggest that the officials with whom the then Minister, Deputy Joan Burton, and the then Minister of State, Senator Kevin Humphreys, worked on that Bill were not used to working in this sphere on an equality measure that would benefit the lives of so many people in Ireland. At the time, a number of members of the joint committee scratched their heads and asked why they were dealing with this matter. It was a social protection measure because it was about registering one's identity.

It was fascinating to watch the process evolve during that period. Senator Butler might have admitted that he was one of the many people who came from a certain perspective on this issue because they were not used to dealing with it. Indeed, they did not even have the language to deal with it. Much of the language that one must get used to using in this whole area is very sensitive. One can offend somebody gratuitously without realising it. During the period in question, we watched people from different political perspectives come to the conclusion that it was a good and ground-breaking Bill. I think it was one of the first Bills of this kind to be introduced by any Government across Europe. Although we realised that it should probably go further, we went with it and it was passed. We felt at the time that it was a good day's work.

I want to join others in congratulating Senators Warfield and Norris for bringing this Bill before the House. I genuinely think Senator Warfield's speech, in which he set out what this is really all about, will go down in the annals of the history of standing up for LGBT rights in these Houses over the ages.

The Labour Party absolutely supports this Bill. Rather than going over the issues that have already been raised, I would like to take a moment to reflect on how far we have come. Twenty years ago, it would have been almost impossible to imagine that a conversation like this would happen in a political sense, that there would be very little political opposition to this type of measure and, with the best will in the world, that we would all want this type of legislation and the changes in it to be supported.

I would like to raise a few issues with the Minister while he is here, in the first instance by picking up on a point made by Senator Buttimer. While I understand the need for somebody to have recognition of their true identity, I sometimes wonder why we make it even more difficult for people in this situation by having such a gender-conscious society. For example, why are we still obsessed with having boys' and girls' schools? I mention education because it is very much a State-run institution. Maybe we should have a longer conversation on why it is so important to separate children and young people on the basis of gender. It should not be important. In fact, it leads to gender stereotypes. There is no real reason behind it. There is no educational reason behind it. I know that is another discussion for another day, but having to participate in such a gender-orientated education system does not make it easier for a young trans person trying to live in Irish society.

I would like to refer to an issue that I have brought to the Minister's attention previously. I know he is aware of it, but I will raise it again. A young trans man, Noah Halpin, has come to my attention. I am working with this gentleman. He is finding it easier to get gender recognition of himself as a trans man than to get his name changed. It is frustrating for him that he has spent two years waiting for his name to be formally recognised as Noah as opposed to the name he was given as a child. It is particularly difficult for him to go through the process of constantly having to revert to his given name. While we may achieve things in legislation that can make it easier for somebody to change their gender identity in a formal sense, we do not allow them the same ease of transition in changing their names. I think this is something that genuinely needs to be addressed.I will finish my comments because everything I wanted to say has already been said.

We have made significant advances in this sphere, and Senator Buttimer referred to this. Over the past number of years, the Employment Equality Act has changed the chilling effect for LGBT teachers. In the education sphere we have had the compulsory anti-transphobic and anti-homophobic bullying legislation and the Gender Recognition Act which Senator Humphreys drove through the Oireachtas. The Child and Family Relationships Act has been passed and we have marriage equality.

Sometimes, there is sense that as the focus of public debate moves on to another area, we can become complacent about where we are with LGBT rights and assume that these rights will always be with us and will always be enhanced. It is only when Senators like Senator Warfield stand up and point at the deficiencies in the Bill that we can come back together again. We can never take for granted the rights that have been hard-won by people like Senator Norris. We need to consider what is happening in the United States, and the mentality of the Vice President, Mike Pence, who is a powerful man in America. The situation in Chechnya was mentioned. The meeting with the Russian ambassador today was, I am led to believe, pretty pointless because he had a total disregard for what Senator Buttimer said.

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