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

2:00 pm

Ms Simonetta Ryan:

A number of comments were made but I did not have an opportunity to finish my response. With regard to the intervention of the Ombudsman for Children, we are aware of the ombudsman's views and they have been submitted to the Minister. On the question of marriage, we accept that this is a difficult issue and there are very serious constitutional issues and also issues with regard to the European Convention on Human Rights, but that is not something we can resolve in the legislation. I am not permitted to divulge advice we have received from the Attorney General, but the discussion of the Constitution and the position of marriage within the Constitution and same-sex marriage, specifically, is a matter for the Department of Justice and Equality rather than the Department of Social Protection. If that position is to change in the future, it will allow us an opportunity to deal with the outcome in this legislation. I cannot say anything further, unfortunately.

Deputy Ó Snodaigh asked if this legislation would fall. I cannot predict what may happen.

With regard to the legislation relating to the people who satisfy the criteria, they will get their gender recognition. For those majority of people we can at least be satisfied that they should be covered.

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