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Query on the Gender Recognition Act Recommendations

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  • 21-06-2019 1:26am
    #1
    highgiant1985
    Registered Users Posts: 1,776 ✭✭✭


    Hi,

    Summary: Is non binary granted legal gender recognition

    Detail:

    I'm reviewing the Gender Recognition Act 2015 which can be found here: Gender Act 2015

    In doing so I understand that there was a review group in 2018 which made several recommendations, that viewable from here: GRA Review Report

    My question is, am I correct in saying that the recommendations made in that report have not yet been actually implemented? (The item I'm specifically interested in is Recommendation 2A: Legal gender recognition should be made available to people who are nonbinary).

    I've tried searching online but just finding it hard to confirm what outcome / actions have happened (if any) since the recommendations were published. Best i can tell right now is that non binary is still not granted legal gender recognition but i'm just looking to confirm)

    thanks for any update any one can provide.


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    #2
    Peregrinus
    Registered Users Posts: 26,133 ✭✭✭✭Peregrinus


    A review is just a review - people express opinions on how well the legislation is working, whether it might be implemented more effectively, whether it might need to be changed. It's not automatic that the suggestions from a review group will be accepted and implemented.

    So the first question we need to ask is, has the Government accepted the recommendation of the review and promised to act on them? A quick google suggests that the Minister has thanked the members of the review group for their work, welcomed their report and brought it to cabinet (in July 2018) for consideration. Since then, nothing. So as far as I can see the government has not yet committed to implementing the review.

    Which doesn't necessarily mean its going to be buried. The review itself identifies preparatory work that would need to be done before some of its recommendations could be implemented, and it may be that this work is now being done before Cabinet makes a final decision.

    Even if Cabinet does decide to implement the review, if that requires amendments to the 2015 Act - and some of the review recommendations definitely do - then those amendments need to be drafted, presented to the Oireachtas, debated and voted on. That takes time. Plus, the pressure on Oireachtas business is considerable; different ministers have to compete for parliamentary time to have their legislation debated and voted on, and the government has to take decisions about which legislation gets priority in the allocation of parliamentary time. So even if the government accepts the report and decides implement its recommendations in full, this may still take some time to actually happen.


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