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Written Answers — Department of Social Protection: Community Employment Schemes Funding (11 Feb 2015)

Kevin Humphreys: There are no plans to allow new participants on the Community Employment (CE) programme to retain their original social welfare payments while employed on the scheme and receiving concurrent CE allowances. The main enactment of this measure was contained in Section 12 of the Social Welfare Act 2011. The main purpose of CE is to assist and support long-term unemployed and other vulnerable...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I thank the Senators. The amendments proposed are beyond the scope of the Bill, which is primarily to recognise the change of gender and the provision of gender recognition certificates. I can see why some of the specific grounds of discrimination would make it a strong message but it is not within my remit. Many of the points raised fall under the remit of the Minister for Justice and...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: The use of bathrooms falls under the area of discrimination so it is not within the remit of this Bill. With regard to Senator Zappone's point, I am certain the Minister for Justice and Equality, Deputy Frances Fitzgerald, will facilitate a meeting because Senator Craughwell has thought out the proposals. We have not considered taking other elements in this Bill. We are keeping it to...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: It moves into education legislation. I will have to consider it and consult with the Department of Education and Skills. The Minister is very active in that area and will launch a number of initiatives. She will deal with this in this speedy manner. I do not propose to accept the amendments.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: The equality legislation already covers transgender matters. The Senator is talking about the specific use of bathrooms. We must examine the equality legislation and my understanding is that it already covers the area.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: This is a very wide-ranging provision, which would give rise to significant and unforeseen implications across both the public and private sectors and would, therefore, require further detailed consideration, including consultation with all of those actually and potentially impacted by the provision. The Bill already contains provisions on maintaining confidentiality. In regard to the...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: As I pointed out, the existing legislation relating to confidentiality on information, such as the Official Secrets Act and the Data Protection Act, applies. These two Acts apply, but perhaps the Senator has a different view on that.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: The only people this applies to is the person involved or the surviving kin. I am not sure what sanctions are provided in the Official Secrets Act or the Data Protection Act, but I will look at those. Historically, the register has not been leaked to my knowledge. I understand what the Senator seeks to do, but I believe the legislation we have currently is robust enough to deal with the...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I want to put the House on notice that there will be a technical amendment to come afterwards. The sections of the Bill are linked in regard to wills.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: For information purposes, I want to put the House on notice that there will be a small change to section 19 on Report Stage. Where the section currently refers to when "the Act" comes into operation, the amendment will propose to change that to when "the section" comes into operation.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I do not propose to accept this amendment as it is unnecessary. Section 26 of the Bill inserts a new section 30C in the Civil Registration Act 2004. A statutory instrument will be made under section 30C(5) of that Act in regard to the certificate drawn from the register of gender recognition. The statutory instrument will in its schedule include a certificate setting out the entire content...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: Amendment No. 32 seeks to amend section 18 to replace a reference to "mother and father" with "a parent". If we were to accept this amendment, it would upset the concept of guardianship as currently applied; therefore, there would be an unintented consequence. We need to be cautious in that regard. I do not propose to accept the amendments based on the principles set out in section 17(1)...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: There is no facility in the civil registration system to deal with the issue. In respect of the Australian model, I have had engagement outside the House on the passport elements and undertaken to engage with the Department of Foreign Affairs and Trade which issues passports to see whether we can find a solution. Australia is the country that has done this. I have not had an opportunity to...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I thank everybody for their contributions. In response to Senator Zappone, I do not believe somebody will lose a driving licence, as she outlined, but I will check that and come back to her to be fully clear. There is no doubt that drafting this Bill has been very complex. It has also been very challenging constitutionally in respect of marriage. In response to Senator Craughwell, it is...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I am happy to inform the House that I have agreement from the Minister for Justice and Equality that the implementation Bill will include provisions to amend this legislation to remove the requirement to be single once the referendum is passed. We are not going to wait for a social welfare Bill. If the referendum is passed, it will be included in the implementation Bill so that will,...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I will be brief. In case Senator David Norris did not notice we accepted the first amendment from an independent Senator in respect of the review.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: The first amendment that was accepted was in respect of the review.

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: I compliment Senator Moloney on her amendment which I will bring forward on Report Stage. Senator Bacik highlighted the fact that there will also be alternative reviews. That will be done. At this stage I am not proposing to accept the amendments other than to say that providing a birth certificate is a significant and serious step by the State. The purpose of this legislation is to...

Seanad: Gender Recognition Bill 2014: Committee Stage (Resumed) (10 Feb 2015)

Kevin Humphreys: This amendment seeks to correct a grammar error.

Written Answers — Department of Social Protection: Rent Supplement Scheme Eligibility (10 Feb 2015)

Kevin Humphreys: I propose to take Questions Nos. 169, 174, 177 and 207 together. The rent supplement scheme provides support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are approximately 70,700 rent supplement recipients for which the Government has...

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