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Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I know. However, I would be quite happy to take that legislation if the Minister for Children and Youth Affairs wanted to give recommendations. I believe he is quite willing and open. Based on a note I saw today regarding The Irish Times, he is quite open to looking at that. Certainly, I would be quite supportive. We are coming very close to the summer recess and I am anxious to complete...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I know the Minister for Education and Skills, Deputy Jan O'Sullivan, is very committed to anti-bullying measures. Even when legislation is introduced, a change of culture is required in the education system. That is best led by the Minister for Education and Skills. That initial meeting took place. The changes in many educational issues relating to gender, etc., over the past four years...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I did not mean that as a criticism. It is so technical now-----

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: What we have been discussing for the past five minutes is amendment No. 11 to section 9, which reduces the age. I think we have broad agreement on the amendments in this grouping.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I am quite happy to jump whatever way committee members want to go.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I am sorry, Chairman.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: Throughout the preparation of the legislation, where a court process has been deemed necessary, it has always been considered appropriate for the court to be involved to be the Circuit Court sitting as the Family Court. That is the advice of the Department of Justice and Equality.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: Section 12 provides for no court fees to be charged in this case. The Attorney General has also given advice on the appropriateness of the court involved. How this is working will be examed in the two-year review.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I thank the Deputy. As a private citizen I can get the Deputy's birth certificate. Most people can get another person's birth certificate.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: This is an extremely wide-ranging provision which would give rise to significant and unforeseen implications. It would have knock-on effects on various pieces of legislation which would have to be reviewed if we go down this road. The Official Secrets Act covers this, as does the Data Protection Act. The general registrar has been dealing with matters such as adoption records in a...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: Deputy Collins has the same concerns and I hope this reassures her also. We treat confidential data about sensitive issues such as these most seriously. The Bill is robust enough. I can see why the Deputies would table amendments to ensure these concerns are taken on board at every stage and to highlight them.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: It is quite limited. It would be just the number of people who have applied.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: No, this is one of the elements of confidentiality.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: The information will not identify the person. A birth certificate drawn from the registrar of gender recognition will not indicate it was drawn from the register and to all intents and purposes it will look identical to a birth certificate drawn from the registrar of births. We have a draft and we will be quite happy to show it to committee members if they are concerned. Only the person...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I will address Deputy Ryan's question first. There is actually no need to specify that because the committee can actually become involved itself and take evidence at hearings on the legislation within the two years. With regard to Deputy Ó Snodaigh's question, everybody concerned recognises that gender recognition involves an evolving set of circumstances. We have become better at...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I ask Deputy Ó Snodaigh to reconsider because I do not think it needs to be put into the Bill. To give the Deputy a stick with which to beat me, I can tell him I hope to be able to do this within a matter of weeks, rather than months. My officials and I have been very committed to this legislation and it has become a mission to make sure it is passed before the summer and then enacted.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I move amendment No. 9a:In page 8, to delete lines 3 to 8 and substitute the following:"(4) In considering an application under this section the Minister shall consider the information furnished by the applicant and may request further information from the applicant regarding any information or evidence furnished by the applicant or on his or her behalf.".

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: It was. Advice was also taken from the Attorney General at various stages. As regards Deputy O'Dea's comments, I have already said that there is a lack of research and information on the issue. It would take a lot of consideration concerning the age issue. In many ways, there is disagreement over the age cut-off and whether it should be 16 or 14. A serious body of work needs to be done...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: We all have grave concerns about how transgender children are treated through education. It is not just about the certificate; it is also about how they are treated in the educational system and by society in general. The marriage equality referendum has created a major shift in how minorities in this State are treated. I welcome this very much, having been a campaigner over many decades...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Gender Recognition Bill 2014: Committee Stage (17 Jun 2015)

Kevin Humphreys: I cannot give a timeline. I have endeavoured to be as honest and frank as I can through this process. The Minister for Education and Skills has held the first consultative meeting. There is a record of what has happened in the Department of Education and Skills on these issues such as the movement towards anti-bullying and other policies for schools. It is not within my control, however,...

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