I am aware of the issues currently facing passport holders seeking to have their gender changed on their Foreign Birth Registration Certificate. The Gender Recognition Act 2015 amended section 27 of the Irish Nationality and Citizenship Act 1956 to permit the setting up of a register for the purpose of the registration of gender recognition of foreign births.
The establishment of this register is awaiting finalisation of a Statutory Instrument. Consequently, it is not yet possible for a person with an existing Foreign Birth Registration Certificate to obtain a new Foreign Birth Registration Certificate in their new gender. The Department of Foreign Affairs and Trade is making preparations for the register to go live once the Statutory Instrument is in place, which we expect in the coming months. A gender recognition certificate will be required in order to obtain a new Foreign Birth Registration Certificate reflecting a change in gender. However, this does not prevent a person from obtaining a passport in their new gender subject to the requirements of the Passports Act 2008 as amended (the Act). The Act makes provision for the policies and procedures which the Passport Service adopts in relation to the issuance of a passport. Section 11 of the Act provides for the issuing of a passport in a new gender and, if applicable, new name to applicants producing a Gender Recognition Certificate (GRC) issued by the Minister for Social Protection. With regard to current passport holders, the Passport Service may issue a passport in the new gender and new name on receipt of a completed passport application, current passport and GRC. In such circumstances, a new Foreign Birth Registration Certificate is not required.
My Department will have sole responsibility for the management of the new register for the gender recognition of foreign births. Training for staff, both at home and abroad, on LGBTQI issues is on-going. In June 2016, Consular Division hosted a training session on the language and sensitivities which staff may need to be mindful of when dealing with LGBTQI citizens in the course of their work. Additional training needs on the register will be incorporated into our future training programme for staff in Headquarters and in Missions moving forward.
Any member of the public seeking further information on the register should contact the Deputy Director of Consular Services at the Department of Foreign Affairs and Trade, via the Department’s central switchboard.
