James Reilly (Dublin North, Fine Gael) | Oireachtas source

While I know amendment No. 4 has been ruled out of order, I share the Senator's concern and am happy for her to have spoken on the issue.

Section 7 of the Gender Recognition Act 2015 provides for a review of the operation of the Act. Both the Tánaiste and the Minister of State, Deputy Kevin Humphreys, have stated that it is intended that this review will incorporate issues concerning transgender children. None the less, I am aware that for some, the lack of an explicit legal commitment in that regard is a cause of concern. The fact that the review clause is not triggered until the Act is two years in operation does not mean that further consideration of these issues should wait until then. In recognition of the fact that transgender children often experience difficulties in their day-to-day lives, the Minister of State, Deputy Humphreys, has undertaken to chair a round table discussion with stakeholders to discuss the practical issues that transgender children experience in school settings. This is due to take place on 6 October and I hope it will help to identify the practical needs of transgender children and the steps that will be taken to address them.

I, along with many of my colleagues, was very moved by the testimonies of transgender children, their parents and representatives, during the development and passage of the Gender Recognition Bill. I am conscious, too, that research in this area remains a developing field. I have met with Transgender Equality Network Ireland, TENI, on these matters. I believe we are agreed on the need to learn as much as possible so that we can develop a robust and effective policy which both supports and protects transgender children and young people and their families.

I recently published Ireland's first national strategy on children and young people's participation in decision-making to ensure that children and young people have a voice in their individual and collective everyday lives. As part of that process of learning, I have committed to a consultation process with children and young people which we intend to begin before the year's end. This will give transgender children and young people an opportunity to have their voices heard and will support them in making a meaningful contribution to the review of the Gender Recognition Act.

To further support the process of informing the review, I have asked my officials to progress a number of relevant issues in 2016. These include considering a legislative amendment to copperfasten the incorporation in the review of the Gender Recognition Act a consideration of the needs of children and young people, including those not eligible under the Act; gathering further research and evidence regarding the issue as it relates to children and young people; and further liaison with the medical and other relevant professions on their potential role in assessing needs of children and young people as part of the eligibility to apply for a gender recognition certificate.

I fully understand and, indeed, share Senator van Turnhout's concerns in this area. However, before taking further legislative steps, further consideration, consultation and research needs to be undertaken in a measured way to inform how we as a Government should best address the needs of transgender children. I will be consulting further with a number of groups to seek their assistance in collating and distilling the research and data available in respect of Irish young people. This and the consultation process will assist in clarifying the most appropriate policy position, especially for children aged under 16, in this very complex policy area.

I will now address amendment No. 5. I would like to thank the Senator for her amendment and her continuing dedication in seeking to strengthen the protection of children from sexual abuse and exploitation. Unfortunately, I am not in a position to accept the Senator's amendment. The Child Trafficking and Pornography Act 1998 is not within my remit and is the responsibility of my colleague, the Minister for Justice and Equality, Deputy. Frances Fitzgerald. I am advised that section 2 of the 1998 Act contains an extensive definition of the term child pornography which is compliant with a number of international legal instruments.

I note that the Minister, Deputy Fitzgerald today published the Criminal Law (Sexual Offences) Bill 2015, which I welcome very warmly. The Bill includes wide-ranging provisions to enhance the protection of children from sexual abuse and exploitation, including enhancing the existing definition of child pornography to comply with the requirements of EU Directive 2011/93/EU, as well as other international instruments. I am sure we all welcome this strengthening of the legal provisions protecting children against sexual exploitation.

While I agree with the Senator that the term "child pornography" is outdated and fails to reflect the full horror of the sexual abuse involved, for the reasons she has so eloquently outlined, it is still the language used in the international instruments by which we are bound, not least the relevant EU directive and the Council of Europe's Lanzarote Convention.

While I am not in a position to accept the Senator's amendment today, I will pass her proposals on to the Minister, Deputy Fitzgerald, for her consideration, perhaps in the context of discussing and amending the sexual offences Bill.