Seanad debates

Tuesday, 17 February 2015

Gender Recognition Bill 2014: Report and Final Stages

 

2:30 pm

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

I thank all the Senators for their comments. This is a very important Bill and it should be assessed very carefully. Senator van Turnhout referred to the review being a box-ticking exercise of merely listing the number of certificates issue. I do not see it as such. This Bill will have a life of its own. During one of our previous debates, reference was made to the lack of in-depth research carried out in respect of and consideration given to the matters to which the Bill relates. This legislation is mutable and, therefore, it will be capable of being changed over time. Senator Mooney asked me to indicate what form the review of the legislation is going to take. I foresee a line-by-line review taking place within two years. In addition, each section will be reviewed in terms of its impact and there will be an assessment of whether the Bill has achieved what was envisaged. The review will not take the form of merely listing the number of certificates issued. Such an exercise would be disingenuous. It would also be disrespectful to the Tánaiste, myself and both Houses.

One of the very strong arguments I made during the earlier debates is that we have been waiting 20 years for this legislation and that we certainly do not want to be obliged to wait a further 20 for a review to take place. That is why it is so important that amendment No. 7, which imposes a timeframe regarding the submission of a report to both Houses, was drafted. I firmly believe that the Government amendment is the better of the two. I am acutely aware of the fact - a number of Senators pointed this out - that we do not know who is going to be in government in the future. Senator Mooney stated that the House is aware of my intent, as Minister of State, but that there could be a very different Government in office in the coming years.

There is no agreement on what constitutes international best practice. As a result, a future Government would be charged with determining the nature of such practice. I am of the view, therefore, that our line-by-line, section-by-section review of the entire legislation offers the best way forward. As already stated, the review will not involve listing the number of certificates issued or the amount of time it took to issue them.It is about the spirit of the legislation, the way it impacts on the citizen and whether it does exactly what it says on the tin.

This is a fast-moving area. People are only coming to it now for the first time. As Senator van Turnhout said to me earlier, when we were talking about this issue in the past, many people had not done in-depth research. People outside the House have not been fully informed about it, and this has been an educational exercise.

Do I envisage reforms in this area in the next two years? It is more than likely, but I believe this is ground-breaking legislation. The Tánaiste has done an excellent job in bringing it forward, with great assistance from many people outside the House. Members of the Seanad have worked closely with her also. I am not accepting the amendment but rather proposing acceptance of Government amendment No. 7.

Comments

No comments

Log in or join to post a public comment.