The Irish Government is assessing the potential impact of making “non-binary” a legally-recognised gender, a Minister has confirmed.
In a recent parliamentary question, Social Democrats TD and health spokesman Padráig Rice asked Social Protection Minister Dara Calleary for an update on “the status of the interdepartmental working group on non-binary gender.
He also asked for “the actions of the group today; the reports produced; and if he will make a statement on the matter.”
Calleary replied that this process was underway.
“The Review Group for the Gender Recognition Act recommended in its report extending legal gender recognition to non-binary people, while also recognising the complexity of the issue and acknowledging that a comprehensive impact analysis may be required,” he said.
“In June 2025 the Government launched the National LGBTIQ+Inclusion Strategy II (2024-2028).
“As part of this strategy my Department has committed to progressing the action point to establish an interdepartmental working group to carry out an impact assessment on providing legal recognition for those who identify as non-binary.”
He added: “My officials will engage with the Department of Children, Disability and Equality to progress this matter.”
The Gender Recognition Act, which was passed in 2015, is the piece of legislation in Ireland that legally recognises someone’s gender identity under law. If one secures a Gender Recognition Certificate from the Department of Social Protection, they are legally considered the gender that they are officially declared as.
This has resulted in high profile cases such as that of Alejandro Gentile, a.k.a. Barbie Kardashian – a violent biological male who identifies as female and, as a result of owning a gender recognition certificate, was placed into Limerick women’s prison among female inmates.
Under the Government’s new proposal, individuals would also be able to self-identify as “non-binary” – that is to say, neither male, nor female, but a third unspecified gender entirely, and have that recognised by Irish law in the context of criminal justice, workplace discrimination, and more.
Notably, the Government has never enumerated how many genders would be encompassed by this.
In 2023, Fine Gael MEP and then-Seanad leader Regina Doherty told the Scottish parliament that there were “about 9 genders”.
When subsequently asked how many genders there were in the Government’s view, then-Taoiseach Leo Varadkar said that the Government has “no official position on that.”