Michael McCarthy (Labour)

I move amendment No. 22:

In page 26, between lines 43 and 44, to insert the following subsection:

"(3) Where a person whose birth is registered as being of a particular gender, subsequently undergoes gender reassignment surgery and produces a certificate in a prescribed form from a registered medical practitioner to the effect that the person's gender has now altered from that stated on his or her birth certificate, the birth may be re-registered with particulars of the person's gender at the time of re-registration.".

We know this Bill covers wide-ranging areas and is sensitive in parts. The purpose of this amendment is to address a defect in the law currently for a small number of people who undergo gender reassignment surgery. Currently, such people are forced to live with birth certificates denoting their original gender for the rest of their lives, with no provision for change. This is an unsatisfactory situation for such people, and the amendment provides the necessary legal protection.

The European Court of Human Rights has already issued a warning regarding this kind of legislation. It recently ruled that failure to make provision in law for transsexuals is a breach of the European Convention on Human Rights. If we do not take action in this area, we will hear about it from the powers that be in Europe. A ruling will be made against it. I am interested to hear the Minister's response. It is important that Ireland, which has signed up to the convention, would actively lead from the top. If we do not act soon, it is only a matter of time before a ruling is made against the legislation by the European courts.