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

I thank the Tánaiste and Minister for Social Protection, Deputy Joan Burton, for the work that she has done throughout this Bill. I am delighted to be back in the Seanad today as we move towards the enactment of what is a ground-breaking and quite a complex piece of human rights legislation. It has been the target at every Stage to try to get this legislation through both Houses by the close of this session and we are getting to the finish line just in time.

Complex legal and constitutional issues have been raised at every Stage. This Bill has been considered by Government on no fewer than nine separate occasions since mid-2013. That is a reflection of the engagement that has taken place.

During the process, it has been my privilege to engage with many who are in the Distinguished Visitors Gallery today on many of the issues. I have had conversations with members of the transgender community and their parents and it has been informative and educational.

It would be fair to say, therefore, that this Bill has been significantly reshaped since it was first presented to this House and I want to pay tribute to all the Senators who have engaged so intensely in the development of this truly important piece of legislation. I truly believe the debate we had when I was in the House several months ago has really shaped the Bill.

Among the key changes introduced to the Bill following its passage through the pre-legislative scrutiny process and the subsequent debates in this House and in Dáil Éireann are: the introduction of a self-declaration model for applicants aged over 18; using the term "preferred gender" as opposed to "acquired gender" within the text of the Bill; providing a route to recognition for those between the ages of 16 and 18; providing for a formal review process, which, it was argued so well in this House, should report within ten to 12 months; and aligning legislation in relation to the issuing of passports to transgender persons. All of these issues were of keen interest to this House and I have no hesitation in saying that the legislation has been greatly enhanced as a consequence of the debates in it.

Before we turn to the various groups of amendments in accordance with the direction of the Cathaoirleach, I want to address briefly one key issue. Senators will be aware that the Bill, as it stands, continues to require that an applicant for gender recognition must be single. I had hoped that it would have been possible to amend this aspect of the Bill but I am not, as yet, in a position to do so. As I stated in the Dáil, we are constrained by a constitutional issue in this regard. We are obliged to await the outcome of the Court of Appeal proceedings in relation to the result of the recent marriage equality referendum before we can act. We simply cannot legislate in this area in advance of the court's decision. I have already given a clear commitment that should the Court of Appeal uphold the result of the referendum, the appropriate legislative changes will be included in the marriage Bill. As it stands, this Bill will cater for the vast majority of transgender persons who wish to have their preferred gender formally recognised and who wish to obtain a birth certificate in their preferred gender.

No doubt the legislation will be subject to change in the future as we gain experience of the operation of the gender recognition process. The formal review process which now forms part of the Bill will be robust and challenging and will highlight any areas which require further changes. I am happy also that there is work being commenced through the Department of Education and Skills to explore with all concerned how transgender issues can be addressed within the schools system and I thank the Minister for Education and Skills, Deputy Jan O'Sullivan, for taking that work on. A meeting has already taken place and she has been in contact to hold another meeting in early September. That will be important work.

I will now address the amendments which have been passed by the Dáil and are before the House today. There were a total of 21 amendments to the Bill in the Dáil and they relate to sections 9 to 12, inclusive, and 14 to 16, inclusive, and to section 38, which deals exclusively with amendments to the Passports Act 2008. They are grouped under four headings, the first of which deals with amendments providing for self-declaration by an applicant aged 18 years or over for a gender recognition certificate by removing the requirement for a supporting medical statement from a medical practitioner.

Does the Chair want me to go through the groups or group one?