Alice-Mary Higgins (Independent) | Oireachtas source

Like others, I must begin with compliments. First, I compliment Senator Fintan Warfield for the long and thoughtful process he has put into bringing the legislation forward. It is part of a very strong commitment by him to looking at how best he can use his time in the Chamber to make a real difference to people's lives. I compliment him and his co-signers, Senators David Norris and, my colleague, Senator Grace O'Sullivan, both of whom are extremely committed to the issue also. It is also important to compliment and recognise the work of the former Minister of State, Deputy Kevin Humphreys, and the former Minister, Deputy Joan Burton, in bringing forward the original gender recognition legislation. It was very important and it set a strong and ambitious agenda. I also compliment them on the building in of a review. Building in that two-year review was a recognition that Ireland could move into this area knowing it would evolve and that new issues would emerge, namely, the exact issues identified by Senator Warfield.I believe there was an element of foresight in that original legislation that gives us the opportunity to so smoothly and cleanly address these issues now. Of course, I compliment the social protection committee members who preceded me. I also compliment the members of TENI, BeLonG To and the many youth and student organisations that have been very active on this issue. I know that the Minister represents in Ireland a great point of encouragement and inspiration for many in the LGBTQI movement and advocacy internationally and for LGBTQI activists around the world who are often operating in situations of great difficulty.

This legislation identifies very well some of the key areas that we need to move towards. I will touch on the three areas very briefly because they are each important. The first is the need to look at the real gap in the legislation whereby between the ages of 16 and 18, young people who wish to have their true gender recognised have to go through what was described by a colleague as an "arduous process". Between the ages of 16 and 18 is a difficult time when people should be looking at their leaving certificate, their studies and all of the other challenges of transitioning to adulthood. Those young people who currently wish to be recognised through their chosen gender have to face in Ireland a huge set of logistical challenges, a set of obstacles and a journey through bureaucracy that nobody of that age should be put through. The lowering of the age to 16 for the receipt of a gender recognition certificate makes infinite sense.

Having sat on the social protection advisory committee and having previously worked with the National Women's Council of Ireland, I recognise how difficult it is for young people who might have graduated early from school to enter the social protection system, to enter employment or to enter college with one gender and then seek to have that recognition of gender changed midway through. People should always be able to enter that chapter of their lives with the identity that is true and authentic to themselves.

In terms of the question of recognition for those who are younger than 16, we need to be absolutely guided by the very wise advice of the Ombudsman for Children. The point was made eloquently by my colleague that young people themselves are the best deciders of the best interests of the child. Not only in terms of our international commitment to the rights of the child, but in terms of the decision we made as a nation to respect the rights of the child, the idea that we would have our children recognised, treated with respect and trusted in how they authentically identify themselves sends a very important signal. It helps them grow into adults who live their lives fully on their own terms. It is something that we can absolutely support.

It is also notable in the proposed legislation that we move to a situation in which children can engage with psychological services or medical services as a matter of support rather than as gatekeepers. We need to ensure that young people guide their own journeys. They must get any supports they wish to access. However, they must not feel that they are being put through any process of judgment or gatekeeping.

Lastly, I wish to focus on the part that I am very interested in. I believe it is one of the most important aspects of the legislation. It is the question of the provision of gender recognition to people who have a preferred gender that is not male or female - those who are non-binary. This is a crucial issue and it is missing piece of the puzzle for many people. To be able to say, "I do not identify as male or female and that is not where my identity sits", is vitally important for those who are non-binary. I want to raise another group for whom that is vitally important and for whom such a certificate or recognition would be vital. There are those who identify in this way as well as those who are intersex and who biologically have features that are both male and female. Currently, they are one of the groups most discriminated against.

As a member of the Council of Europe committee on equality and non-discrimination, we have been working over recent months on a report looking at the experience of intersex people right across Europe and looking at good legal practice in this area. We have heard quite harrowing testimonies from those who have been asked to have one part of their identity disregarded, those who have been forced through medical procedures, for example, which introduced early menopause because they were being pressed into one aspect and having another part of their biological identity repressed, and those who are socially being forced into a binary choice which requires them to deny part of who they are. That could be in terms of identity or biology. On the question of non-binary recognition, the idea that we would allow children, young people and adults to be who they are, live as who they are, not to fit themselves necessarily into a category and to again allow proper access to supports is very important.

I look forward to this Bill progressing. I very much welcome it. The review was mentioned and the request to ensure that the rights of non-binary persons are recognised is included in it. I encourage the Minister to recognise that this is an issue for both those who are non-binary in identity and those who are non-binary biologically. I believe that a certificate and access to recognition in that category would benefit all. I would be very happy to feed anything that may be useful in terms of other European practice into that review.

Ireland has been a leader in this area. It has been out there, pushed forward and shown the way. However, these debates are happening everywhere now. There are proposals in place. For example, there are reviews of legislation around intersex rights in France. There is new legislation in Norway. Australia has moved forward in terms of non-binary recognition. There is a positive wave that Ireland is part of. It is important to acknowledge, as the Leader of the House did, that there is also a regressive backlash from those who want to maintain some of the old categories and hierarchies that exist. It is important that Ireland continues to show that it is a part of the move forward. I welcome the fact that the Minister is here today and that he is seemingly supportive of the legislation. It is a very good opportunity for Ireland to continue leading the way.