Ivana Bacik (Independent) | Oireachtas source

It is always difficult to follow Senator Norris but this is a day to celebrate as we see the final passage of the Gender Recognition Bill through the Seanad. I welcome all the visitors in the Gallery and pay tribute to those who have worked so hard to see this day finally happen, particularly Dr. Lydia Foy and Michael Farrell. I will not say they have worked on this for generations, as Senator Norris suggested - they are both far too young - but I pay tribute to the immense work they have done on this, and the great work that has been done by FLAC, the Transgender Equality Network Ireland, TENI, and other organisations.

The group one amendments are particularly significant because they provide for the self-declaration by an applicant, who is 18 years or over, for a gender recognition certificate, and they remove the requirement for a supporting medical statement from a medical practitioner.

I welcome the Minister of State to the House and pay tribute to the immense work he and the Tánaiste, Deputy Joan Burton, have done on this Bill. The group one amendments are an indication of the huge amount of work that has gone into it. As the Minister said, there were nine occasions on which this Bill, or variations of it, were discussed at Cabinet and when it was brought before us in the Seanad, this issue of self-determination was addressed in many of the contributions. It is welcome that was taken on board by Government and addressed during the legislation process.

Reference was made to changes in the legislative process. It is a huge strength of the legislative process that a Bill that starts life in one shape and ends up in quite a different and greatly improved shape before us today. The Employment Equality (Amendment) (No. 2) Bill that was before the House last week has become a rather different Bill to the original one that started life in the Seanad two years ago. It is a particular strength of the Seanad that we reshape and improve legislation, and make it more progressive.

TENI has pointed out that the group one amendments give us hugely progressive legislation because it means that with the self-determination process, Ireland will become only the fourth country in the world specifically to introduce legislation based on self-determination. We are at the summit of this sort of legislation. Changes will be made. The fact the Seanad built in a review process is hugely significant because that shows that we all understand the need to move the legislation on and change it where necessary, in line with changing understandings and practice.

Senator Norris referred to the third non-binary category. I, too, have had correspondence on that. It is an important point that we need to address in the future. The review is the ideal time to do that. I know other colleagues will be raising the issue of recognition for those below the age of 16. It is progressive that we have built in a process whereby minors, that is, those aged between 16 to 18, may seek recognition. That was not in the original recommendation before it went to the committee but is another change that has come in. Looking at what may be done, particularly with the Minister for Children and Youth Affairs, and what may be done on that in the future is important.

The issue of forced divorce is something we would have liked to address in this Bill but after the long delay we have seen and the many years Dr. Foy's case has taken, and the time it has taken to bring this legislation to this point, it is important that we have the legislation concluded without further delay.

Senator Norris kindly referred to the seminar I organised with Dr. Mary Rogan last week. One of the issues raised at that seminar was the issue of delays in bringing into force the marriage equality referendum and whether anything could be done in the future to ensure that the will of the people cannot be curtailed or delayed in the way the children's referendum was delayed. We should examine the constitutionality of introducing legislation and placing time limits on the giving of judgments in this sort of challenge.

I am departing from the celebratory theme of these amendments. I welcome the group one amendments, in particular, and the other changes that were made in the Dáil. I thank all those involved for their great work on the Bill.