Seanad debates

Tuesday, 3 February 2015

Gender Recognition Bill 2014: Committee Stage

 

5:15 pm

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I welcome the Minister to the House. I welcome also the groups represented in the Gallery who I know have worked very hard on progressing this legislation. I refer to TENI and LGBT Noise, among others.

Senators Zappone and Norris, with customary eloquence, have put the case for a review very strongly, and I agree. The idea of a review is a sensible one and would address some of the issues raised with us in briefings by groups. As Senator Norris said, this is an area that is changing very rapidly. Indeed, since the Joint Committee on Education and Social Protection, which my colleague, Senator Moloney, was on, reported in January of last year there have already been changes. Some of the recommendations it made represented best practice at the time. We now see changes in Denmark, for example, which has brought forward more progressive legislation. It would be sensible to have some sort of review period built in and to enable us all to examine what has developed in terms of international best practice in the meantime.

The Senators proposing the amendment spoke in particular of the marriage equality referendum. If passed, and we all hope it will be - I will be working very hard to ensure its passage - I have already said I believe the best place to amend the provisions effectively on forced divorce in this Bill would be in the marriage equality referendum implementing legislation. I put the case on Second Stage, and I have put it both to the Tánaiste and the Minister present, that it would be appropriate to delete the provisions in sections 8 to 10, inclusive. Putting in a review period will enable us to ensure that there were no further problems in terms of the issue of marriage.

A review period would also enable us to address the issues around age that have been expressed to us, in particular protections for those under 16 who are currently not catered for directly in the Bill. The Oireachtas committee had recommended that there should be guidelines on how best to support transgender young people in schools. There are real concerns about bullying and discrimination. People have spoken to me about particular difficulties for young transgender people in schools. If schools are not supporting young people in expressing their rights, a review will enable us to ensure that, if necessary, legislation would be put in place to require schools to do that. In the meantime, guidelines for schools are essential, as the Oireachtas committee recommended, but the idea of a review is a sensible one.

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