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

I thank Members for their contributions. I can feel the passion and how strongly Senator van Turnhout feels. Senator Norris indicated at the outset on the first amendment how quickly the situation is changing, and how different the legislation would be if we were doing it ten years ago or even nine months ago. By constantly redrafting the legislation on each Stage we can examine the situation in various countries. We might not be happy with certain elements of legislation elsewhere and, in turn, they might quote legislation coming through this House.

When I tried to inform myself on the issue in advance of the Bill’s publication I noted that an expert panel had recently been proposed. That is an indication of how far we have moved in this regard. I do not see the debate as being combative or the Government being defensive. Each Member of the Seanad is trying to work as best he or she can in the circumstances to produce the best legislation possible.

Yesterday, I read from a letter that captured the Bill. Senator Norris has submitted many proposals. I know of the bullying that occurs in schools because it happened to members of my family. I have seen the effects that bullying has on children, so I hear the Senator loud and clear, but the Bill cannot cover everything. People referred to education, for example.

The Bill does not offer a position as to when an issue of transgendering arises during the course of a person's life. Rather, it seeks to provide for recognition of the position of a mature person who has settled and has a solemn intention to live in his or her preferred gender for the remainder of his or her life. That is what we are trying to achieve with this Bill. I was moved by the Senator's contribution, but no matter how moved I am, we must frame legislation in our current position.

I will address a number of direct remarks. Where an intersex child is reassigned, he or she can be dealt with under the Civil Registration Act's section on corrections of error. We will keep this element under review.

Regarding amendments Nos. 15 to 18, inclusive, the Bill is based on the Attorney General's advice. Senator Norris will disagree with our position, but what we have all been striving to do is to protect children. The validation process requires two hurdles rather than four, so that was probably a slip of the tongue. Can we wait for every judgment that is due in all other jurisdictions?

I agree with Senator Craughwell about the first amendment being important, but this legislation addresses a vast number of issues. After we have seen how it works in practice in its first few years, we can amend it. Besides that, we must also watch how the situation is changing. People have articulated their opinions strongly, but I am not in a position to agree with them today.

The decision to seek gender recognition from the State is a significant one that will have important implications for a person throughout his or her life. Therefore, it is important that anyone seeking a gender recognition certificate is doing so in the full knowledge of the consequences and has the necessary maturity to make that decision.

Following the joint committee's report of January 2014, the Tánaiste secured Government approval for a Bill to reduce the minimum age to 16 years while requiring those aged under 18 years to have the consent of their parents or guardians, bar in exceptional circumstances to be approved by court order. Senator Norris went through this matter in detail. I accept his points but I cannot move on them today. I have heard him loud and clear. I have argued and discussed many issues at length with Senators. The Bill's provision on a minimum age goes well beyond the legislative measures in many other EU member states. While I can understand people's arguments for wanting to push it even further, I do not propose to accept these amendments. Nor will I table amendments on this matter on Report Stage. The review mechanism will be of assistance, though. I do not necessarily agree with the Senators' sentiments, but I can see where people are coming from on this issue. I may be proven wrong in time, but I am not in a position to accept the amendments.