Ms Simonetta Ryan:

I thank the Chairman for the opportunity to come back on a number of issues.

Changing somebody's birth certificate is not insignificant from the point of view of State records. As things stands, people can have a passport in their changed gender, but there is a requirement that they be in the new gender for a couple of years. It is important that the State knows who is who, for example, with regard to criminal activity. This is a practical issue which we cannot ignore. It is not quite the same as a marriage certificate.

With regard to the constitutional issue on marriage, as I stated, I cannot discuss our legal advice on this issue and will not do so. There are differing views on the impact on the Constitution and whether a same sex marriage is inadvertently created. I can state quite clearly that there is certainly no agreement on this issue, which will not come as a surprise to anybody. This is the horns of the dilemma we face in drafting the legislation. The broader issues are matters for the Department of Justice and Equality.

As I stated, a number of elements of the legislation are, to some extent, fail-safe provisions and have been imported from other legislation. What Professor O'Shea stated about sport was correct. There are issues for sports bodies, but the Minister will listen closely to everything the committee has to say and its recommendations, including on this issue.

Deputy Brendan Griffin asked whether it was possible to revoke a decision. Under the legislation, this will be possible. It is also important to state we will not force people to divorce. We will require them to be single and there is a subtle distinction. In the Constitution, as everybody is aware, we have very specific criteria on divorce and the amount of time people must live apart. This is a simple fact that we cannot ignore. I am also aware of the European issues involved. What we propose is well in line with the position in other European Union member states. No other member state of which I am aware has legislation which has an age limit below 18 years. The Netherlands is examining an age limit of 16, but it has not been successful in having this legislation enacted.

We see the validation process as being light touch. There is no requirement for the Minister or the Department to be told whether a person has had any interventions whatsoever. The care pathway is a matter for the individuals concerned and their physicians.

I hope I have covered the issues about which I have been asked.