Dáil Éireann Debate, Wednesday - 20 March 2013
308. Deputy Jack Wall asked the Minister for Social Protection her views on a submission (details supplied) regarding transgender rights; when legislation will be prepared in regard to its content; if there is a time limit on the decision of the High Court when it made its decision in regard to this matter; and if she will make a statement on the matter. [13731/13]
View answerThe 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 2012 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 formal opinion of the Attorney General was received in the Department in December 2012 and is currently under consideration by officials in my Department with a view to progressing the draft Heads of the Bill.
In addition, discussions are taking place with the Department of Justice and Equality in relation to potential changes to legislation under its remit which may be contained in the draft Heads of the 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 the provisional draft Heads of Bill once they are completed. It is therefore 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. When the Oireachtas Committee has discussed the provisional draft Heads of Bill I will be in a better position to give a timeframe for the introduction of the legislation.
There was no reference to a time frame or a time limit in the High Court judgment with regard for the implementation of the court’s findings.
