Minister Commits to Bringing Report On Gender Recognition to Cabinet

This marked the very first time that gender recognition legislation was discussed in Dáil Eireann.

Speaking after the debate today, TENI Chief Executive Broden Giambrone said, “This was an important moment in the history of trans rights in Ireland, and it is certainly something to be celebrated. We welcome the Minister’s initiative in bringing the Committee’s report before the Dáil and her commitment to bringing the matter to Cabinet in the near future.”

During the debate, the issues of the proposed age criterion, single requirement and medical evidence were discussed in depth. The Minister also explicitly stated that intersex persons would be included in the scope of the legislation and that there was strong support for the introduction of guidelines in schools to support young trans people.

“Now is the time to make the real changes. Changes which will have a full and affirming effect on the lives of trans people and their families in Ireland,” continued Giambrone.”The Cabinet will have the opportunity to propose key changes to the legislation that will improve and benefit the lives of trans people. This is a matter of urgency.”

There were many important contributions from cross-party TDs to today’s historic debate.

Deputy Willie O’Dea (Fianna Fáil) addressed the issue of recognition for young trans people stating, “As the proposal stands at the moment there is an absolute exclusion on somebody from applying for a gender recognition certificate until they reach the age of 18. Now it seems to me, quite honestly, that appears to fly in the face of the evidence […] In the real world you’re going to have a huge gap between the time that people realise that their birth gender doesn’t reflect reality and we’re all aware of the difficulties that those people can encounter as a result of that, as a result of the fact that they’re in legal limbo.”

Speaking on the issue of the proposed single requirement that would force happily married trans people to divorce, Deputy Sean Crowe TD (Sinn Féin) stated, “Trans people who are married or have families are entitled to the same protection as everyone else, and for a state that holds the institution of marriage in such high regard, it is a bizarre approach to effectively force divorce on people who may not want it. It violates people’s rights to equality.”

Deputy Crowe also holds the distinction of being the first TD to use the term ‘cisgender’ (someone who is non-transgender) in the Dáil.

Deputy John Halligan TD (Independent) called on the Government to carefully reconsider the proposed medical evidence requirement which would require a letter from a treating physician. Arguing for the removal of this criteria, Deputy Halligan stated, “This should not exclusively be in the preserve of the medical community.”

Deputy John Lyons TD (Labour) stated that there was room for improvement of the draft legislation and noted that legal gender recognition was integral in allowing trans people to play a full role in society. Encouraging the Minister to move the legislation forward, he stated, “Maybe it’s time for us to be the piece of legislation that other countries look to.”

Background to the debate:

On 17 July 2013, Minister Joan Burton launched the Draft Heads for the Gender Recognition Bill 2013. This legislation has been developed as a result of the previous government being declared in breach of the European Convention on Human Rights in failing to recognise Dr Foy in her female gender and provide her with a new birth certificate.

The failure to introduce Recognition has left transgender and intersex persons without formal legal status and has significantly impacted upon their ability to access basic services such as social security benefits, education and transport.

In October 2013, the Committee on Education and Social Protection held two-days of hearings to review the General Scheme of Gender Recognition Bill 2013.

In January 2014, the Committee published the report of its findings and made key recommendations for improving the legislation. You can also read the report from the Joint Oireachtas Committee on Education and Social Protection here.

TENI warmly welcomed the report as it represented significant progress and an opportunity to ensure that the legislation that is introduced is robust and human rights compliant.

TENI urges the Government to adopt the recommendations made in the Committee’s report.