Written answers

Tuesday, 3 July 2012

Department of Social Protection

Gender Recognition

9:00 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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Question 391: To ask the Minister for Social Protection in view of the fact that it is now just over two years since the Government accepted the High Court declaration that the failure to grant legal recognition to a person (details supplied) in her female gender was a breach of the European Convention on Human Rights; if she will explain the delay in introducing legislation to provide for legal recognition of transgender persons and when this legislation will be introduced. [32460/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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In order to comply with the High Court judgement the Minister for Social Protection established the Gender Recognition Advisory Group (GRAG) in 2010 to advise the Government on the legislation required to give legal recognition to the acquired gender of transgender persons. The Report of the Group, which recommends a scheme for the legal recognition of transgender persons, was approved by the Government on 12 July 2011, and was subsequently published on 14 July 2011.

Since the publication of the Report, the Department has been working on developing draft Heads of a Bill. In this context, it has engaged in discussions with the relevant medical health professionals and with representatives from interested NGOs. The Department has also sought advice from the Office of the Attorney General on the main issues arising in the context of these meetings. These discussions, and the advice that is received from the Office of the Attorney General, will continue to inform the drafting of the Heads of the Bill.

It is not possible to be definitive at this stage about when I will be in a position to introduce legislation to give legal recognition to the acquired gender of transgender persons as the issues are complex. Upon receipt of the legal advice sought, the Department will be in a better position to give a timeframe for the completion of the draft Heads of the Bill.

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