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Proposed Legislation

Dáil Éireann Debate, Tuesday - 24 June 2014

Tuesday, 24 June 2014

Questions (260, 261)

Michael Healy-Rae

Question:

260. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding inclusive rights-based gender recognition for transsexual people aged 16 and over to have their name legally recognised; and if she will make a statement on the matter. [27246/14]

View answer

Michael Healy-Rae

Question:

261. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding inclusive rights-based gender recognition for transsexual persons; if they will be required to divorce from their spouse in order to have their gender recognised; and if she will make a statement on the matter. [27247/14]

View answer

Written answers

I propose to take Questions Nos. 260 and 261 together.

The General Scheme of the Gender Recognition Bill was published on 17 July 2013, following Cabinet approval. The General Scheme of the Bill was then referred for pre-legislative scrutiny to the Joint Oireachtas Committee on Education and Social Protection. Officials from the Department, representative groups and legal and medical experts participated in hearings held by the Committee in October 2013. The Committee’s Report was published in January 2014.

I gave careful consideration to the Committee’s Report and, following Cabinet approval, on 17 June 2014 I published the Revised General Scheme of the Gender Recognition Bill 2014. The Bill provides for the recognition of the acquired gender of transgender people who are not married or in a civil partnership. The legislation will also facilitate persons with intersex conditions.

Once the legislation is enacted, it will mean that a person will have their acquired gender fully recognised for all purposes, including dealings with the State, public bodies, and civil and commercial society. This will be done through the issuing of a gender recognition certificate by the Department of Social Protection. The person would then be able to apply for a new birth certificate. They would be entitled to marry a person of the opposite gender or enter a civil partnership with a person of the same gender. The Bill includes a provision that a person aged 16 or 17 years may, with parent/guardian consent, apply for a Court order exempting them from the requirement that an applicant for gender recognition must be 18 years or more. This application must be accompanied by confirmation from the treating physician and an independent physician that the person is sufficiently mature to make the application.

The introduction of gender recognition legislation raises complex and challenging Constitutional issues on marriage. In the context of this Bill, these were the subject of lengthy deliberation by the Attorney General and, subsequently, were carefully considered by Government before it approved the General Scheme of the Bill. As a result, one of the provisions of the proposed legislation is a requirement that in order to obtain a gender recognition certificate, a person must not be in a subsisting marriage. Similar considerations apply in relation to civil partnership.

It is fully acknowledged that the requirement to be single will be disappointing for those transgender persons who wish to remain married and have their acquired gender recognised. However, the Constitutional position that there is an impediment to legislating in such a way as to give rise to same-sex marriage requires that, under the proposed legislation, a person seeking recognition of their acquired gender must be single. If the planned referendum on same-sex marriage is approved by the public the obstacle will be removed and the legislation can be widened to include persons who are married or in a civil partnership.

The Revised General Scheme of the Bill has been referred to the Office of the Parliamentary Counsel for drafting with the aim of the legislation being published later in the year and enacted as soon as possible after that

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