Written answers

Tuesday, 14 May 2024

Department of Employment Affairs and Social Protection

Gender Recognition

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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422. To ask the Minister for Employment Affairs and Social Protection the reason Irish nationals who are not ordinarily resident in the State and who do not hold any of the documents specified in section 9(1)(a) of the Gender Recognition Act 2015 are precluded from applying for a gender recognition certificate (details supplied); the rationale for their exclusion; and if she will make a statement on the matter. [21755/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Section 9 of the Gender Recognition Act 2015 sets out the conditions which a person is required to meet in order to qualify for a gender recognition certificate.

The applicant must meet one of the following three qualifying criteria;

  • Their birth or adoption is registered in the State,
  • They have become an Irish citizen by having their birth registered in the Foreign Births Register maintained by the Minister for Foreign Affairs , or
  • They are ordinarily resident in the State.
The application process was set up to cater for applicants born in the State, born abroad but ordinarily resident in the State and born and living abroad but with an entry in the Foreign Births Register.

It was felt that these criteria were sufficiently broad to facilitate a wide range of people to apply.

I trust this clarifies the matter for the Deputy.

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