Kevin Humphreys (Dublin South East, Labour) | Oireachtas source

I thank the Senators for their contributions, and also thank Dr. Foy. One thing that always hits me on first listening to people's real-life experiences in this area is how it has affected many of the citizens in our country. Too often, we try to put people into different boxes, but this has to be addressed. It is very much to our shame that it has taken so long - 21 years - for legislation to be proposed in either House. I pay tribute to the Tánaiste, who has taken this to heart and has campaigned to ensure there would be legislation during this Government's term of office and that we would leave a piece of legislation hopefully dealing with many elements of this.

The Tánaiste has said this is an important and overdue piece of legislation. It has been subject to extensive consultation and was the subject of pre-legislative scrutiny by the Joint Committee on Education and Social Protection. I thank all those who contributed to the whole process. I took time to read the evidence that was given at the joint committee. Great time and effort was put in by many people who expressed their views and told their own personal stories through that forum. Many members of the committee also put in a huge amount of time.

I believe the provisions of this Bill have evolved and progressed in recent years. Legislation in respect of gender recognition varies widely across the EU. The provisions in this legislation will be among the most progressive within the EU and indeed beyond it. Senator Bradford mentioned that the word "progressive" is used far too often but in this case, he should take into consideration what citizens of this country have gone through over 21 years and longer. This has been recognised for a long time and reports have been issued. Like the Senator, I have sat down in clinics and talked to people about this, and they expressed frustration that there was no legislation in place. It is important that we make sure there is legislation in place at the end of this term of office.

All the Senators' contributions were entirely genuine, but I would like to refer back to some of them. Regarding single status, the Bill requires that an applicant for gender recognition is single. The Tánaiste and myself recognise that this is a matter of real concern for some people. It is a genuine concern which has been expressed by many Senators. While we recognise that, I would say that over my time in politics the speed of what we have put into our Constitution, from the fourth to the eighth amendment, has had unintended consequences. The referendum in May on same-sex marriage will allow us to address this and come back to it. The Tánaiste said that it is her intention to return to this as quickly as possible, provided that the citizens in their wisdom vote to allow for marriage equality, as I believe they will. The Tánaiste and myself accept that this has to be revisited once that referendum is over.

I recognise the problems mentioned by many Senators with divorce and people not wishing to get divorced. It is problematic and putting it into our Constitution has created further problems. An unintended consequences is that, under the legislation we are trying to bring forward, people who are in happy relationships will not be able to avail of the legislation until after the referendum takes place. I will work night and day once the referendum is passed to table an amendment that will reflect the result.

I fully acknowledge that the issue of the minimum age for legal gender recognition is difficult and sensitive. The Bill provides for applications from 16 and 17 year-olds with significant safeguards attached. It seeks to balance the right of such children with the need to protect their interests at a potentially vulnerable age. If the court feels it is appropriate, it can make an order that the consent of the parent or guardian is not required. Overall, the legislation provides that the court shall not make an order unless it is satisfied that it is in the best interests of the child.

I am satisfied that these provisions are appropriate and sensible. It is important to note that these arrangements are well beyond those in place in most other EU member states. In Denmark, which is held by some as a model of best practice in gender recognition, the minimum age is 18.

I have heard the stories of the people who have engaged with me on this. Senator Moloney read out an e-mail earlier which I wanted to comment on. Maybe I missed it and it came into my inbox. I have a tendency to send that type of e-mail straight to the trash. That is probably where it best belongs.