Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I want to start by thanking Senator Warfield, Senator Norris - Monsieur Thénardier du Sénat- and Senator Grace O'Sullivan for tabling this Bill on gender recognition. I welcome the opportunity to engage with the House on the issues contained in this important Bill. I join with colleagues in congratulating Senator Warfield on what I believe was a very fine speech on introducing his Bill today.I join Senators in welcoming all those in the Visitors Gallery who have joined us for the debate.

I acknowledge the real progress made in this area in recent years. It is fair to say Ireland now has one of the most progressive legislative frameworks for affirming the rights of people who want to have their preferred choice of gender recognised. Senator Billy Lawless made a valid contribution in which he reminded us of the extent to which things in most of the world were not what they were here. In many parts of the world, whether in Russia or Turkey, they are even moving backwards.

I take the opportunity to acknowledge the work of Senator Kevin Humphreys who was Minister for State in my Department with responsibility for this legislation, to which he committed an enormous amount of energy during the time he worked in Aras Mhic Diarmada.

The Gender Recognition Act 2015 introduced a self-declaration model for applicants aged over 18 years. It also provided a route to recognition for 16 and 17-year olds with parental consent, supported by medical opinions. Applications for gender recognition certificates can be made to my Department. Where a gender recognition certificate is issued, the person's preferred gender is formally and legally recognised for all purposes, including in all dealings with the State, public bodies and commerce. To give an indication of the level of uptake, the number of certificates granted since the provisions of the Act took effect in September 2015 amounts to 230. Of this figure, 221 were granted to applicants over the age of 18 years and nine to applicants aged 16 or 17 years. A review of the operation of the Act will commence later this year and I am pleased to inform the House that officials in my Department are making arrangements to initiate the review as soon as possible.

The current system provides for a person to change his or her preferred gender from male to female or female to male. A gender recognition certificate can currently only be issued with a gender of male or female. I am well aware that there are people who do not identify as either male or female. Section 2 of the Bill seeks to ensure the possibility of providing legal gender recognition for non-binary persons will be considered in the review of the Act. This is a complex issue which will have to be considered fully. It is fair to say it is uncharted waters for us, legislatively; therefore, we cannot say what the legal and other implications might be, but it was agreed that the issue would be dealt with as part of the review. When the Gender Recognition Bill passed through the Houses, Senator Kevin Humphreys, in his role as Minister of State, gave a commitment that it would be considered as part of the review. I am happy to restate his commitment.

Section 3 of the Bill provides for the age at which someone may apply for a gender recognition certificate, by way of self-determination, to be reduced from 18 years to 16. Currently, only those aged 18 years and over can apply. Those aged 16 and 17 years must apply through the courts with supporting medical opinions, although it does not require medical treatment per se. There is currently no provision in the Act for those aged under 16 years.

Section 4 of the Bill will allow applications to the court for a gender recognition certificate in the case of children aged under 16 years and no lower age limit is specified. The section further provides that such applications will not need to be accompanied by supporting statements from the child's treating medical practitioner and-or an independent medical practitioner. I am aware that there are a range of issues to consider in this area; therefore, we should proceed with caution. The current legislative provisions relating to age were carefully considered. They apply significant safeguards that seek to balance the rights of children with the need to protect their interests at a vulnerable age. Research in this area is evolving and I consider it appropriate that the matter be explored in further depth in the upcoming review of the Act. Given the child welfare issues involved, I must be guided by my colleague, the Minister for Children and Youth Affairs, Deputy Katherine Zappone. As Senators may know, following passage of the 2015 Act I wrote to her requesting that her Department undertake research in the area of gender recognition for children to help us to inform future policy. She has replied and is engaging in a consultation process with relevant NGOs and young children on the issue. I look forward to the outcome of the consultations.

As I mentioned, my Department will undertake a review of the Gender Recognition Act this year as provided for in section 7 of the Act. The review will commence by September and officials of my Department are undertaking preparatory work. We expect the findings and conclusions of the review to be presented to the Oireachtas not later than September 2018. I again confirm that the position of persons who are non-binary will be considered as part of the review, as will that of 16 and 17-year olds and younger children.

I thank the Cathaoirleach and Members for their contributions. I again recognise Senators Fintan Warfield, David Norris and Grace O'Sullivan for introducing the Bill. I look forward to examining the issues set out in it as we advance the review in the coming months. Consequently, the Government will not oppose the passage of the Bill on Second Stage.