David Norris (Independent)

In 2003, the House passed important legislation implementing the partial incorporation of the European Convention of Human Rights into Irish law. This provided for a declaration of incompatibility as a result of court proceedings. The first such decision was handed down on 14 February in a very important and sensitive case taken by a brave citizen, Dr. Lydia Foy, who was the victim of gender identity disorder. It is important that we examine what was said in the ruling by Mr. Justice McKechnie who found against the State. There is a certain leeway because if the decision is not appealed, the Taoiseach must, within 21 days, place this information and the order declaring the incompatibility before both Houses of the Oireachtas. Mr. Justice McKechnie expressed disappointment at the failure of the Government to follow the important decision in the European Court of Human Rights in 2002 in the Goodwin v. the United Kingdom case and his warning in an earlier stage of the Dr. Lydia Foy case. It is a pity that once again in these sensitive areas Ireland is isolated in Europe and is in the company of only Andorra and Albania in not having recognised transgendered persons. Why not be adult and mature and take action before the courts force us, as a Legislature, to act?