Non-Binary and Intersex Recognition Bill 2026: First Stage

I move: That leave be granted to introduce a Bill entitled an Act to provide for the recognition of a non-binary gender and for those born intersex; to amend the Gender Recognition Act 2015 to recognise a non-binary gender; to amend the Interpretation Act 2005 to include a non-binary gender; to amend the Civil Registration Act 2004 to allow qualified informants to record an X on Registers for Births, Stillbirths, Adoptions, and Death; to amend the Equal Status Act 2000 and Employment Equality Act 1998 to outlaw discrimination based on sexual characteristics. This Bill will give legal rights and recognition to non-binary and intersex people in Ireland. This is obviously a small minority of people but they face extreme invisibility, marginalisation, violence and discrimination. The Bill would essentially do three things. First, it would introduce the option of an X marker on the gender recognition certificate, in addition to M and F for male and female. Without legal recognition, a non-binary person is systematically discriminated against in accessing healthcare, legal documents, passports with their own identity, and more. Second, for a person born with intersex characteristics, it would allow a parent or a qualified informant to put an X on a birth certificate, meaning parents would no longer be forced to immediately choose between male and female, with the very serious consequences that brings. Third, it would give equality before the law and prevent discrimination. What do we mean by non-binary in the context of this Bill? It refers to any person who identifies outside the binary of male and female. This includes non-binary people but also genderqueer people and anyone who sees themselves as not fitting into a male-female binary. Again, there are not exact figures for the number of non-binary people in Ireland. A serious opportunity was missed by the census, for example. It which could have posed a question around that, which was raised at the time. State Departments in Ireland are not categorising. However, up to 10% and possibly more, of people are LGBTQI in surveys and at least one third would identify as non-binary from that category. Globally, it is estimated that 2% of people identify their gender in a way that is outside the binary. What is intersex? People who are intersex are born with innate variations of sex characteristics, including chromosomal, anatomical or hormonal, that vary from the societal or medical understanding of the typically male or female. Approximately one in every 500 babies is born with either ambiguous genitalia or other variations of sex development. It is not an insignificant number. Intersex variations may not be noticeable until puberty, with some variations not noticeable without testing. There are more than 40 different types, which I do not have time to detail. The UN recognises that at least 1.7% of the world population is born with an intersex trait. For comparison, 2% of people globally have green eyes. There may be as many as 90,000 intersex people in Ireland alone. Intersex identities have been portrayed as a newfangled development. In fact, in all ancient civilisations, there was a recognition of many genders, including two-spirit people in native American culture, Hijra people in India, and the third genders and more depicted in art and literature in Mesopotamia and Asia. This Bill is important for people's personal lives. I do not have time to read out all the testimonials we received when we announced we would be bringing forward this Bill. It is important as well because medically unnecessary and irreversible surgery is being done on children who are born intersex in this country. The Government should bring in a Bill to ban that practice, which has been banned in many countries, including Malta. It leads to very damaging consequences such as infertility, pain and urinary problems. Ireland has been called out over this on the world stage. The key reason for bringing forward this Bill is the hostility that LGBTQI people are facing in the world right now. Again, I do not have time to go into all the statistics but we have seen Trump in the US take the X marker off passports and announce there are only two genders. Many people are living in hiding in the US. There are people living in hiding in Ireland as well because they are not able to be comfortable going to their doctor, going to a hospital, getting a passport and doing all the many other things many of us take for granted. Belong To has done some very important research in this regard. In the time I have left, I want to mention promises that were made by the State. In 2018, after a review of the Gender Recognition Act was undertaken, it was promised that non-binary recognition would be introduced. This Bill would fulfil that promise and answer people's hopes that it will actually be implemented. I have noticed the Taoiseach going on Pride marches and announcing how great it was to do so. Many people who engage with Pride are non-binary or intersex. The Taoiseach must not bow down to any right-wing pressure. The changes we are proposing are very important to people in this country in their daily lives.

No.

I move: "That the Bill be taken in Private Members' time."