A Bill has been brought before the Dáil to amend the Gender Recognition Act 2015 to make provision for single-sex accommodation in prisons.
The Dáil heard today that a consequence of the Act has been allowing male-born criminals to be placed in women’s prisons. This was described by the architect of the Bill, Peadar Tóibín TD, as “quite incredible,” with the TD noting that female staff and prisoners have no other options, and that the State is “putting male-born sex offenders, men, into those prisons.”
The Private Members Bill was introduced by Aontú leader Peadar Tóibín. The legislation, first put forward last November, received sponsorship from TDs Danny Healy-Rae, Richard O’Donoghue, Michael Collins, Noel Grealish, Willie O’Dea, Carol Nolan, Mattie McGrath; and Michael Healy-Rae.
Under the Gender Recognition Act (GRA), a transgender person with a Gender Recognition Certificate (GRC) can be treated as their acquired gender for all purposes, including prison placement.
The impact of the law has caused controversy, particularly after transgender prisoner Barbie Kardashian stood trial in Limerick last year accused of making threats to kill or cause serious harm – including threats to rape and sexually assault – to a number of people, including a female prison officer.
Speaking on Thursday as the Bill was brought before the Dáil, Deputy Tóibín said that “the vast majority of people in this country believe that a woman is a female adult, and do not believe that a man can get pregnant.”
“They also believe that education should be on the basis of science. The second issue that struck me about yesterday’s debate was that TDs were willing to throw out scientific evidence on the basis of ideology. The safety and protection of children was actually being forgone on the basis of an intellectual fashion,” the TD said. He referenced a motion brought by the Labour Party on trans healthcare on Wednesday.
He described it as “startling for a number of reasons,” adding: “It is probably one of the biggest examples of a disconnect between the Dáil bubble and the people of Ireland on issues.”
“That is a major threat to well-being. The third issue was that only eight TDs out of 174 actually stood up for a vote on this issue. There were 166 TDs who stayed silent and stayed seated in relation to it,” said the Meath TD.
“A number of Fianna Fáil and Fine Gael TDs mentioned to me during the day that they saw the speech we gave on the issue and that they agreed with the speech. That is a problem. I say to TDs, especially new TDs who may be here for a term, or two or three, in that time if they do not stand up for what they believe in, if they do not vote for what they believe in, they may as well not be here.
“Somebody else might as well be in that seat. If we are not actually voting on the basis of our own principles, somebody else is in that seat in many ways. My advice to those TDs is to wake up and make sure they use the time they have here in the best way they can.”
Mr Tóibín said he acknowledges that gender dysphoria is real and “it is not easy.” Those who have it, he said, should be treated with respect.
“However, the treatment they get should be on the basis of science, not on the basis of ideology. Basing treatment on ideology is actually quite dangerous.”
In relation to the Bill, he said that the gender recognition Act is “problematic at the moment.”
He said this is because it includes self-identification “which means that anybody, for any reason, can identify themselves as the opposite gender.”
“I am sure that the vast majority of people who use the gender recognition Act, absolutely feel that they themselves are the opposite gender. However, the gender recognition Act has no gatekeeper. As a result, no doctor or psychiatrist determines whether or not a person is transgender. Anybody can use a gender recognition certificate.
“That allows for potentially bad actors to seek to use that loophole for opportunistic reasons. I am not saying for a second that any person who has gender dysphoria is any more likely than the general population to have a propensity for bad action. I am not saying that for a second. I am saying that the gender recognition Act is designed without a gatekeeper and as a result it allows people to use it for bad reasons.”
‘ABSURD SITUATION’ RE BARBIE KARDASHIAN
Further, Mr Tóibín said it remains the case that women and girls have the right to safe spaces.
“It is actually shocking that I have to say that. We have understood that for hundreds of years. The vast majority of physical and sexual attacks that happen to women are carried out by men. Incredibly, many of the parties that sit right beside us here on a regular basis talk about gender-based violence, but they develop a blind spot in relation to the protection of women-only safe spaces.”
“One of the consequences of the gender recognition Act is that it allows for male-born criminals to be placed in women’s prisons. That is quite incredible because the female prisoners and the female staff have no option but to be in that location and the State is putting male-born sex offenders, men, into those prisons.”
He described as “absurd” the situation with Barbie Kardashian, a male who identifies as female, and who was found guilty of threatening to kill, rape and torture his mother. Kardashian was granted a gender recognition certificate by the Department of Social Protection and as a result was placed in a women’s prison.
“The Government stood over Barbie Kardashian being placed in a women’s prison. That is a horrendous dereliction of duty in relation to the Government. It is against all the prevailing winds on a medical basis, the science basis and even the political basis. Yet, the Government stood up for that,” said Tóibín.
“The ministry for justice in Britain released very interesting statistics in relation to people in prison who declare themselves as transgender. Many of them are in prison because of sexual offences. The vast majority of these trans sex offenders were born male.
“The ministry for justice statistics show that transgender women exhibit male-type patterns of criminality. It is clear that this data shows self-identification unfortunately is being used opportunistically.
“The Aontú Bill is designed simply to prevent male-born criminals being placed in women’s prisons. Our Bill provides for a gender recognition certificate that does not affect whether a person is deemed male or female for the purpose of applying for the existing rule of single-sex accommodation in prisons. I urge the Government to support it.”