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

The decision to seek gender recognition from the State is a hugely significant one which will have implications for the person throughout their life. I simply cannot agree that to remove the age limit entirely is in the best interests of all children. The State must legislate to protect the best interests of all children. I strongly believe the Bill safeguards the rights of children generally. I acknowledged in an earlier response to Senator van Turnhout the lack of research into transgender children.

I do not accept that providing for an age limit of 16 in respect of amendment No. 9 and having no age limit in respect of the other amendment is in the best interests of children. I believe what I outlined earlier concerning the Minister, Deputy O'Sullivan, and that the best process of protecting our children in that regard is to protect them through education to make sure that a young person's living experience going through school is as it should it be and as we would expect it to be for every citizen. The three-stranded report I outlined in my response to earlier amendments is the best way to do that and it is in the best interests of all our children.

Amendment No. 25 seeks to allow the court to give a child of any age an exemption from the requirement to meet the standard minimum age if the court is satisfied that it is in the best interests of the child. It appears to propose that this could be done without supporting statements from medical practitioners. I am satisfied that it is only appropriate for the courts process to be available for 16 to 17 years olds and the applicant must meet all requirements. My concern has to be to protect those children who are not mature enough to know their preferred gender at a young age. Ages as young as six and seven were mentioned during the debate on earlier Stages. I do not propose to accept amendment No. 9 or amendment No. 25. I simply cannot accept the reduction of the age below 16.

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