Oireachtas Joint and Select Committees

Wednesday, 23 October 2013

Joint Oireachtas Committee on Education and Social Protection

General Scheme of Gender Recognition Bill 2013: Discussion

1:40 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I thank everybody who has attended. It has been a useful exposition of some of the issues relating to the Bill. I have taken an interest in the past year or so to try to address a shortfall in our law. It is interesting how the Government's position has moved in that period. The Bill is welcome and, hopefully, this process will inform the Department and the Minister to make the changes required in order that we can have the best legislation at the end of this. This is a new legislative process, which has only been followed on a number of occasions and, therefore, it is welcome that both departmental officials and stakeholders are present.

I have a number of questions for the Department, the first of which I presume will be asked by a number of members. It relates to the age barrier and the criticism made by the Ombudsman for Children.

Are the witnesses aware of those views and is it the intention to look again at the suggestion that the minimum age of 18 should be reduced?

The second issue relates to the requirement that someone is not in a marriage or civil partnership. Has the view of the Attorney General been sought on whether it is constitutional to ban somebody who is married from gaining other rights? It seems to be a contradiction. That is one of the reasons for the delay in the publication of legislation in recent years. I am concerned that, having gone this far and having produced legislation, we would find it falling at the first legal challenge, which would mean starting all over again.

It is suggested that there be a definition in the heads of the Bill. What definition would be used? A number of definitions exist internationally. The various wordings would have different implications for the legislation. Has a definition of gender identity been chosen?

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