Finian McGrath
Question:529. Deputy Finian McGrath asked the Minister for Social Protection her views on correspondence (details supplied) regarding the recognition of transgendered persons. [37218/13]
View answerWednesday, 18 September 2013
Questions (529)
Written answers
The General Scheme of the Gender Recognition Bill, 2013 was published on 17 July, 2013 following Cabinet approval. The proposed legislation will provide for the recognition of the acquired gender of transgender persons aged 18 and over and who are not married or in a civil partnership.
Once enacted, it will mean that a transgender person will have their acquired gender fully recognised by the State for all purposes including the right to marry or enter a civil partnership in the acquired gender and the right to a new birth certificate.
The Bill represents a significant step forward in the rights of transgender persons in Ireland. In publishing the General Scheme, I have taken into account the views of the representative bodies, the changing attitudes in our society and the developments in the health care and related supports for transgender persons to ensure that this Bill provides a progressive and streamlined approach to giving legal recognition to transgender persons.
The application process for gender recognition is a simple administrative procedure, through my Department, which will involve a statutory self-declaration by the applicant that they intend to live permanently in the new gender and validation by the primary treating physician that the person has transitioned or is transitioning to the acquired gender. The applicant will not have to specify that they have been living in their acquired gender for a specific period of time prior to their application.
The issue in relation to transgender persons who are married or in a civil partnership and who wish to have their acquired gender recognised is an extremely complex one. There is no simple legislative solution to this issue that can be guaranteed to be constitutionally robust, and I want to legislate now for the majority of the people affected, who are single.
This matter will be looked at again once the Government has decided its response to the Constitutional Convention recommendations on same-sex marriage.
I have requested the Oireachtas Committee on Education and Social Protection to consider the provisional draft Heads of Bill and, in that regard, officials from my Department will appear before the Committee on the 23 October, 2013. I feel that the Committee can make a very positive contribution to the preparation of the legislation and I believe that this approach should greatly assist the drafting of the legislation and its progress through the Oireachtas.