Derek Nolan (Galway West, Labour) | Oireachtas source

I propose to share time with Deputies Seán Kenny, Anne Ferris and Seán Kyne. I am happy to speak on the Bill, which is important. Anyone speaking out must give enormous credit to Dr. Lydia Foy, who through decades of perseverance, legal challenges and of holding the State to account, often in legal confrontation with it, must be commended for the Bill and for it being debated in this positive manner. Reading many of the attempts, via the High Court and elsewhere, used by Dr. Foy - it culminated in the declaration that our law did not comply with the European Court of Human Rights judgment - illustrates the struggle to get this to where it is today. I commend the Minister for engaging in such a proactive way with the stakeholders in the Bill.

There are disagreements about some of the technicalities and principles being debated.

That the Bill, which is very progressive when compared to some of the legislative frameworks already in place in other European states, is before the House is an extremely positive development. That we are debating it is a sign that we no longer live in the dark ages. I welcome the fact that the matter with which the Bill deals is receiving the attention and appreciation it deserves.

A number of commentators in the human rights sphere have criticised the legislation as being in some way less than it should be. I am not sure I agree with all of the analysis that has taken place but I am sure that the Second Stage debate provides people with the appropriate opportunity to air any grievances they may harbour. Some individuals have suggested that as person should not be obliged to profess his or her gender and then exclusively assign himself or herself to it for the foreseeable future or for ever and that it should be possible to switch back. It must be recognised that an individual's gender identity can change over a period. While no one would state that the decision to opt to transition to one's preferred gender should be taken lightly, it should be possible for a person to take this route if his or her circumstances change.

As previous speakers indicated, there is a contention regarding the age at which a person may apply for gender recognition. We are all aware that some children can, at a very early age, realise that the gender listed on their birth certificates is not that with which they identify. I hope we will be able to tease these matters out further on Committee Stage. If there is certainty on this matter in the mind of a child, then we possibly should be able to consider his or her circumstances further. If one considers the law as it relates to medical procedures and the ability of a minor to give consent, one will find that this has developed in the context of a number of cases. The jurisprudence in this regard very much focuses on the age of 16 as being the point at which a person can give informed consent in respect of the carrying out of a medical procedure. I thank the Tánaiste for succeeding in reducing the age in this Bill from 18 to 16. However, perhaps we should consider including a clause which would allow consideration to be given to certain cases in exceptional circumstances.

The Bill means a great deal to those with whom it deals. I hope the referendum in May will be passed - there is support for a "Yes" vote among almost all Members of the House - and that we will be thereby in a position to deal with the issue of the compulsory dissolution of marriages in relevant instances. It must be recognised that the Constitution - as it stands and in terms of the way it currently defines marriage - does not allow for such dissolutions. Germany was able to legislate in respect of this matter but I do not believe we are in a position to do so here as a result of our constitutional and legal framework. The people will be required to make a decision in May. In such circumstances, those of us who intend to campaign for a "Yes" vote must use reason and highlight the issue to which I refer in order to further our arguments and ensure that the referendum is passed.

I welcome the Bill, which is an important step forward. There is a possibility for further progress to be made in respect of the subject matter of the Bill on Committee Stage. I hope all of those involved will engage in a constructive debate at that point.

See this speech in context