New legislation should confer right to apply for Gender Recognition Certificate from 16 years of age: Social Protection Committee

16 January 2014

In a report launched this morning, the Committee suggests that measures be put-in-place to address the day-to-day concerns of transgender people under the age of 16 years, and guidelines on supporting the inclusion of transgender young people in schools  be developed in consultation with relevant stakeholders.

The Report on the General Scheme of a Gender Recognition Bill 2013 recognises that there is a difference of opinion between the Attorney General and others on the legal issues regarding gender recognition for persons who are married or in a civil partnership.   However, the Committee argues that someone in an existing marriage or a civil partnership should be entitled to apply for a Gender Recognition Certificate, and urges the Minister for Social Protection to revisit this issue.

The report follows a series of Committee hearings on the General Scheme of the Gender Recognition Bill 2013 with Department officials, advocacy groups and leading experts. The Scheme was published in July by the Minister for Social Protection, Joan Burton TD, following Cabinet approval, and was referred to the Committee for its consideration.

Under the Bill, a person who undergoes a transition of gender would 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 other main recommendations of the Report are that:

• Consideration be given to whether the term “preferred gender” should replace the term “acquired gender” in the Bill;
• The current wording in the Bill with respect to evidence of transition be reconsidered to address the concerns raised at the hearings that people not be stigmatised as a result of the requirements;
• Irish sporting regulatory bodies receiving public funding develop comprehensive policies in relation to the participation of transgender people, and
• Consideration should be given to amending Equality legislation to add “gender identity” to the existing nine grounds under which discrimination is illegal.

Joanna Tuffy TD, Chair of the Committee says: “This important piece of legislation will address the position of transgender people who are not married or in a civil partnership. Following a call for submissions, the Committee hosted detailed hearings with key stakeholders, which confirmed for us the sensitivity of the issue, particularly for the individuals concerned and their families.   However, the discussions also highlighted the complex constitutional, legal and medical issues that need to be considered.

“This formal pre-legislative scrutiny process, a first for this Committee, has resulted in what we believe is a practical, sensible and balanced report.  The General Scheme does not meet all of the wishes of the Groups and individuals advocating change in this area.   However, I believe that this Report is a contribution to legislation that will, on balance, represent very significant progress in this challenging area of public policy.”

A copy of the report is being forwarded to the Minister for Social Protection Joan Burton TD, to assist in finalising her legislative proposals in relation to this issue. The report will also inform Committee stage consideration of the Bill when it is presented to the Houses of the Oireachtas later in the year.

Access 

Committee Membership

Deputy Joanna Tuffy - Chair

Deputies James Bannon, Ray Butler, Joan Collins, Clare Daly, Brendan Griffin , Jim Daly, Derek Keating, Charlie McConalogue, Nicky McFadden, Jonathan O’Brien, Willie O’Dea, Aodhán Ó Ríordáin, Aengus Ó Snodaigh, Brendan Ryan
Senators Terry Brennan, Jim D'Arcy, Marie Moloney, Mary Moran, Marie-Louise O’Donnell, Averil Power