Yesterday (Thursday 5th March), the Gender Recognition Bill was debated in the Dáil. This was a historic moment as 27 TDs from all parties spoke on the Bill. All TDs broadly welcomed the introduction of the legislation but called on the Government to improve the Bill.

TENI

Yesterday’s debate is a historic moment. This State is finally acknowledging the existence of trans and intersex people and taking the long awaited steps towards legal recognition. This legislation effects our lives, so we must get it right. There is still time to make practical and positive changes before legislation becomes law.”

Second Stage Debate

The debate began with Minister of State Kevin Humphreys outlining the principles and content of the legislation. This was followed by contributions from all parties. TDs from constituencies across Ireland spoke to the Bill, including members of Fine Gael (9), Independents (9), Labour (4), Sinn Féin (4) and Fianna Fáil (1).
TDs were unified in addressing shortcomings of the Bill:

  • Requirement that a primary treating medical practitioner affirm an applicant’s identity.
  • Need for applicants to be single (‘forced divorce’).
  • Absence of protection for, and acknowledgement of, young trans and intersex people.

Medical Criteria

Discussing the requirement for a medical practitioner to certify an individual’s gender identity, Deputy Aengus Ó Snodaigh of Sinn Féin stated: “The Bill requires the participation of medical practitioners and this feeds into the belief that being transgender means one has a medical illness. The legislation should be able to explain to society that this is neither the case nor the intention and the easiest way of doing so is to remove from the Bill the need for the participation of medical practitioners […] A model which takes a pathological approach is completely outdated.”

This was echoed by Independent TD Richard Boyd Barrett who said: “To me, to the trans community and the other speakers that have spoken so far, the issue is about self-determination. It’s about liberation and it’s about freedom. It’s about the right of people to their own identity, whatever identity they choose. It has absolutely nothing, nothing to do with medical issues.”

Deputy John Lyons of Labour made the point that homosexuality was considered a mental illness until 1974 and stated simply, “the individual knows themselves best.”

Many TDs called for legislation that reflects the self-determination of trans and intersex people. However, the inclusion of GPs in the definition of ‘primary treating medical practitioner’ was widely suggested as a pragmatic solution.

This was illustrated in Fine Gael Deputy Helen McEntee’s considered contribution when she said: “The word ‘psychiatrist’ insinuates or implies that a person is not mentally well and places an unnecessary stigma around the whole process. I would think that if a person wishes to do so, their GP should be able to carry out the same duty.”

Forced Divorce

This issue of the single criteria, commonly known as ‘forced divorce’ was raised by many TDs. Fianna Fáil Deputy Willie O’Dea stated: “A happily married person who wishes to transition is currently required to divorce. This is bizarre in a country which goes to such great lengths to protect and enhance marriage that it is difficult to get a divorce.

Sinn Féin Deputy Seán Crowe said: “Trans people who are married or who have families are entitled to the same protection under the law as everyone else and for a State that supposedly holds the institution of marriage in such high regard, it is a bizarre and cruel approach to effectively force divorce on people who may not want it.”

In a positive step, the Government has committed to removing this clause if the marriage equality referendum is passed in May. This will include a provision in the implementation legislation to remove the single requirement.

Age Criteria

The issue of age of recognition was raised on many occasions as TDs acknowledged the importance of legal recognition for young people. Deputy Anthony Lawlor of Fine Gael said, “young adults recognise their gender at a younger age than we are legislating for.” While Fine Gael Deputy Derek Keating simply stated, “young trans people exist.”

This was echoed by Fine Gael Deputy Brian Walsh, who speaking of the onerous criteria for legal recognition of 16 and 17 year olds said: “The nature or extent of those restrictions appears to be excessively burdensome to the point the legislation may border on unworkable for persons under 18 years of age. In these cases, an application to the Circuit Family Court for an exemption must be supported by two medical reports, one from the child’s primary treating physician, the other from an independent endocrinologist or psychiatrist. The need for such rigorous medical evidence is questionable in principle. What is being sought here is an administrative change, after all, not a surgical one.”

Intersex and Non-Binary Identities

Several TDs addressed the lack of meaningful inclusion of intersex and non-binary individuals in this legislation. Independent Deputy Joan Collins observed: “It appears that no consideration was given to the examples of Australia, India, Nepal, Thailand, the UK and Germany, to provide some degree or recognition of non-binary transgender people. No satisfactory explanation has been provided by the Government as to the reason this was not done.”

Next Steps

The vast majority of TDs called on the Government to look to international best-practice and human rights principles to improve the legislation. They called on the Government to heed the constructive criticism and to bring forward amendments at Committee Stage. This was summarised by Independent TD Clare Daly who said, “why should Irish citizens always have to settle for less? It’s not good enough.”

TENI Chair Sara R. Phillips said:

“There is still time for change, still time for the Government to listen. We need to continue to impress upon our TDs to speak up and insist that this be truly progressive and workable legislation. That Ireland says all trans people will be respected and will finally be equal citizens of our country.”

The Committee Stage will take place on 11th March.

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