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

The contributions have been very eloquent. I commend Senator Norris because he can make his point with good humour. It is always lively.

I do not propose to accept these amendments. Providing a new birth certificate is a significant and serious step. The purpose of this legislation is to recognise and validate people in their new gender. I accept that for most people, transitioning to their preferred gender, there is absolutely no doubt about their choice to live the rest of their life in their preferred gender.

The support statement would not require any information about the person's medical history or care pathway. That was emphasised by the Tánaiste and Minister for Social Protection, Deputy Joan Burton, when she was in this Chamber. The Department of Social Protection will use a standardised form for completion by the primary treatment physician, asking him or her to confirm that the person is transitioning or has transitioned and fully understands that the person will live in his or her preferred gender for the rest of his or her life.

Senators Norris and Moloney wish to remove the phrase "medical evaluation of the applicant". Concerns have been raised about this phrase in the Bill. I do not want there to be any confusion or misunderstanding about the validation process and the statement by the primary treating physician. I have been clear that the supporting statement will not require any information about the person's medical history or care pathway. I have discussed this with the Tánaiste who wants to ensure there will be no confusion on this point. She has raised it with her colleagues in Cabinet today. I am happy to say the Government will be tabling amendments on Report Stage along the lines put forward by Senator Moloney and others. My officials will be working with Parliamentary Counsel immediately to delete the phrase from section 9(1)(g)(ii).

As a consequence, amendments will be required on Report Stage. Several other consequential amendments will also be examined and I will revert to the House on Report Stage.

The change in the definition of primary treating physician is a significant and serious step by the State and for the persons concerned. The purpose of this legislation is to recognise and validate people in their new gender. I accept that for most transgender people there is absolutely no doubt about their preference to live their lives in their preferred gender.

I thank the Senator for her amendment, which is helpful. Senators Norris, Zappone and others have raised this issue with me privately and I hope that when we have drafted an amendment for Report Stage, they will be satisfied that it addresses the points they have raised. I expect that we will not meet all of their demands fully but ---