Dáil Éireann Debate, Tuesday - 6 November 2012
573. Deputy Anne Ferris asked the Minister for Social Protection when she expects the heads of bill to be published on the gender recognition legislation; and if she will make a statement on the matter. [48218/12]
Amharc ar fhreagraThe Gender Recognition Advisory Group (GRAG) was established in 2010 to advise the Government on the legislation required to give legal recognition to the acquired gender of transgender persons. The Report of the Group, which recommends a scheme for the legal recognition of transgender persons, was approved by the Government on 12 July 2011, and was subsequently published on 14 July, 2011.
Since the publication of the Report, the Department has been working on developing draft Heads of a Gender Recognition Bill. In this context, it has engaged in discussions with the relevant medical health professionals and with representatives from interested NGOs. Given the legal complexities involved in relation to some of the GRAG recommendations relating to the marital and civil partnership status of individuals, in March, my Department sought advice from the Office of the Attorney General, which in turn sought the legal opinion of external counsel on these issues.
Preliminary discussions have taken place between my Department, the Office of the Attorney General and the Department of Justice and Equality in relation to the legal opinion of external counsel. The Office of the Attorney General is in the process of considering the various approaches suggested by counsel. Once my Department receives the formal legal advice from the Office of the Attorney General, this will inform the drafting of the Heads of Bill. Given the sensitive and complex nature of the issues involved, it is my intention to ask the Oireachtas Committee on Education and Social Protection to discuss the provisional draft Heads of Bill once they are completed.
It is therefore not possible to be definitive at this stage about when I will be in a position to introduce legislation to give legal recognition to the acquired gender of transgender persons. When my Department has received the formal opinion of the Attorney General’s Office and when the Oireachtas Committee has discussed the provisional draft Heads of Bill I will be in a better position to give a timeframe for the introduction of the legislation.
