Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Social Protection if she will grant recognition to transgender persons and equality in same-sex marriage (details supplied) [37711/12]

Patrick Nulty (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Social Protection when transgender/intersex citizens will be recognised and the reason for the failure to date to provide such recognition. [37934/12]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 633 and 635 together.

The Gender Recognition Advisory Group (GRAG) was established 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 Gender Recognition Bill. In this context, it has engaged in discussions with the relevant medical health professionals and with representatives from interested NGOs. Given the legal complexities involved in relation to some of the GRAG recommendations relating to the marital and civil partnership status of individuals, in March, my Department sought advice from the Office of the Attorney General, which in turn sought the legal opinion of external counsel on these issues.

The external counsel’s legal opinion on these issues was recently received in my Department and will inform discussions between officials in my Department, the Office of the Attorney General, the Department of Justice and Equality and external counsel. The outcome of these discussions will continue to inform the drafting of the Heads of a Bill. Given the sensitive and complex nature of the issues involved, it is my intention to ask the Oireachtas Committee on Jobs, Social Protection and Education to discuss draft Heads of Bill once they are completed.

With regard to intersex persons the GRAG concluded that addressing the inclusion of the intersex condition required more research and medical expertise than was available to it. In addition, the Group was concerned that the intersex condition was outside its specific remit to advise on the legislation required to provide for the legal recognition of transgender people.