Written answers
Thursday, 22 September 2022
Department of Employment Affairs and Social Protection
Gender Recognition
Carol Nolan (Laois-Offaly, Independent)
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279. To ask the Minister for Employment Affairs and Social Protection the criteria which her Department considers when deciding to revoke a gender recognition certificate under the provisions of the Gender Recognition Act 2015. [46459/22]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Section 14 of the Gender Recognition Act 2015 provides that the Minister for Social Protection may revoke a gender recognition certificate. The Act requires the Minister to be satisfied that information or facts relating to the applicant and/or application under s.8 and s.9 of that Act would have resulted in a decision to not issue a certificate being made at the time of determining an application.
The information or facts required to revoke a gender recognition certificate are dependent on each individual case. Revocation cannot be determined until there is prior consultation with the person concerned. A person who has a gender recognition certificate revoked has the right to an appeal of the Minister's decision to the courts. Since commencement of the Act in mid-2015, there have been no revocations under s14 of the Act to date.
Section 15 provides that a person to whom a gender recognition certificate has issued may apply to have that certificate revoked. Five revocations have been granted under s.15 where a person has applied to the Minister to revoke a gender recognition certificate.
I trust this clarifies matters for the Deputy.
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