The Department of Education has contradicted a guide published by the Irish Council for Civil Liberties (ICCL) that said schools were legally obliged to use the preferred pronouns of trans students.
The ICCL guide, funded by the Irish Human Rights and Equality Commission (IHREC), cited “Department of Education guidelines” when advising that students had a legal right for schools to use their preferred pronouns.
But the Department of Education has confirmed to The Irish Times that it has issued no such guidelines. “No guidelines have been issued,” the department said.
It is understood that department officials have closely examined the issue in recent days and confirmed that no obligation, as presented in the ICCL guide, exists.
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Instead, it has advised schools that there is “nothing to preclude them” from using a student’s preferred pronouns if they decide to do so in consultation with parents and the student.
But the department said there was no legal obligation to do so.
It says that a “resource”, entitled Being LGBT in School, which was compiled with the Gay and Lesbian Equality Network, has been circulated, but this does not assert any legal obligation to use preferred pronouns.
The department’s position puts it at odds with the guide circulated by the ICCL.
The ICCL guide says: “According to Department of Education guidelines, your school must make every effort to update your name and pronoun in relevant systems and documents. It must also use your correct name and pronoun in day-to-day interactions ...
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“If you feel that your school is discriminating against you because you are trans or non-binary, you and your parent(s) or guardian(s) may choose to take a complaint to the WRC.”
The guide was produced by the ICCL with €18,500 in support from the IHREC.
Asked about a possible inaccuracy in the guide, the IHREC pointed to a disclaimer on the document which says that “the views expressed in this publication are those of the authors and do not necessarily represent those of the Irish Human Rights and Equality Commission”.
The guide was written by representatives of Teni and Shoutout, organisations that lobby for LGBTQI+ people. They received assistance from the ICCL, the Free Legal Advice Centre and the LGTBQI+ Legal Advice Clinic. They also received advice from solicitors A&L Goodbody, who provided a “legal review”.
Asked about the nature of the legal review, a spokeswoman for the solicitors’ firm said it would not be commenting.
In a statement, the ICCL reiterated the view expressed in the guide.
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“It is ICCL’s assessment, confirmed by legal advice received while drafting the guide, that schools must use students’ correct pronouns,” it said.
“ICCL received external, pro bono legal advice ... This led ICCL to conclude that schools must use a student’s correct name and pronoun in day-to-day interactions.”
Campaigners who wish to preserve women-only spaces and opponents of gender transition for children have been fiercely critical of the guide. Many have pointed out that it was written by lobby groups and cannot be considered independent advice.
In a statement, the Countess, a group campaigning to have gender recognition legislation amended, said the ICCL guidance was “not legally binding and may in fact be dangerous for service providers insofar as it is inaccurate, misleading and not legally sound”.
Laoise de Brún, the group’s founder, argued that “a woman or girl who loses her single-sex space or service would have a case against that service provider for direct discrimination”.
“There is no right in law for anyone to force someone else to use their ‘preferred pronouns’. Enforced speech is not a right and freedom of expression is,” she said.
