All passport applications are subject to the provisions of the Passports Act, 2008 (“the 2008 Act”). Section 38 of the Gender Recognition Act 2015 ("the 2015 Act") amended section 11 of the 2008 Act to provide for the issuing of a passport in a new gender and, if applicable, in a new name.
The 2015 Act comes under the remit of my colleague, the Minister for Social Protection, and was commenced by the Minister for Social Protection in September 2015.
I was advised by the Department of Social Protection that the report of the Review Group for the Gender Recognition Act under section 7 of the Act included, at recommendation 2A, that legal recognition should be made available to people who are non-binary. This recommendation will, in part, be informed by an impact assessment on existing legislation that would arise by providing for a new, non-binary, category of gender.
I am further advised by the Department of Social Protection that the setting up of an interdepartmental working group to facilitate this impact assessment will include all Government departments.