Ms Sara Phillips:

Good afternoon everyone. I will start by thanking the Minister for Social Protection, Deputy Burton, for progressing this issue with the publication of the draft heads of a Bill and for referring it to this committee for consideration. I would also like to thank Deputy Tuffy for inviting us to speak here today. I thank the committee members for their careful consideration of the issues that will be raised over the coming days.

In May of this year, the Minister for Justice and Equality, Deputy Shatter, addressed a conference entitled A Europe of Equal Citizens hosted as part of the Irish EU Presidency. The Minister's speech dealt with the ways in which legislation affects the everyday lives of communities. He spoke of how legislation, justice bodies and society as a whole must work effectively and responsibly to meet the needs and the rights of citizens. In the past, successive Irish Governments have failed to provide true equality, often having to be dragged through the courts to do the right thing. The Minister's speech was a true reflection on this history. In fact, Dr. Lydia Foy first asked for her birth certificate in 1993, 20 years ago and it has been six years since Ireland was found in breach of its positive obligations under Article 8 of the European Convention on Human Rights.

Legislating for gender recognition is an opportunity to do the right thing. Transgender people in Ireland experience a significant level of marginalisation and stigmatisation. Our community faces some of the highest levels of discrimination in employment, education and health care, which relegates many of us to the fringes of society. This Government has an opportunity to significantly improve the everyday lives of the transgender community with the immediate introduction of inclusive, progressive gender recognition legislation that is based on human rights principles. This will also send a clear message that Government sees transgender people as valuable, contributing members of Irish society. During the course of these two days we implore the committee to seriously consider the needs of the community this legislation proposes to serve, the Irish transgender community. It is imperative that this committee and those legislating listen to these voices and suggest amendments to the legislation that reflect our real lives.

The draft heads of Bill is a significant step forward from the GRAG report from 2011 and we commend the Department of Social Protection on all of its work in this area.

However, while it provides some improvements, there are still significant challenges with the proposed legislation that will infringe on the rights, privacy and dignity of the trans community. In consultation with the trans community and their families, we have a summary of key issues we ask the committee to consider.

First, on a physician's statement attesting to identity, the proposed requirement that a primary treating physician shall confirm the person has transitioned or is transitioning to their acquired gender will be onerous for many members of the trans community. However, the physician's statement model means that access to a gender recognition certificate is still based on interventions by medical professionals. There are not many experts in this area in Ireland which puts this process in the hands of a few practitioners and, hence, creates a panel. The use of the term "transition" excludes intersex persons whose bodies simply develop naturally. The same language also infers medical treatment of hormones or surgery, and thus may be even more restrictive than a criteria of diagnosis, which would not require any physical intervention. Some trans people may not be able to undergo a medical transition due to age or an existing medical condition that prevents treatment.

Appearing before the Oireachtas Joint Committee on Health and Children in July 2013, Dr. Philip Crowley, Health Service Executive, national director of quality and patient safety, stated:

The HSE endorses a gender recognition process which places the responsibility for self-declaration on the applicant rather than on the details of a medical certificate/diagnosis. In doing so the emphasis is placed on the process of legal recognition of that self-declaration as opposed to the legal recognition of the medical certificate and/or diagnosis. The HSE considers this process to be simpler, fairer, pragmatic and may be easier to legislate for as it takes account of both transgender and intersex people with differing backgrounds and contexts.

The uncoupling of health and legal rights is being called for in human rights discourse in Europe and beyond. The Department of Social Protection has received letters from trans health experts across the world. They state unanimously that appropriate trans health care is vital and that legal gender recognition is a human right and should have nothing to do with medical care pathways.

I sit before the committee as a proud Irish woman with a transgender history. In all aspects of my life, I am female. I am an active member of my family, my community. I am a taxpayer, employed as a consultant in the construction industry. Legal recognition of my gender identity should not be bound to proof by a third party. We, as individuals, are all arbiters of our own gender identities. TENI, Transgender Equality Network Ireland, recommends that each person's self-defined gender identity should be fully respected and legally recognised by the State. TENI recommends adopting the existing and robust model of declaration as utilised in the deed poll process.

Only people who are at least 18 years of age will be entitled to apply for gender recognition. TENI recommends setting the age for applying independently at 16 years or older and allowing parents and guardians to apply for legal recognition on behalf of people under the age of 16 years.

Only people who are single will be eligible to apply for gender recognition. Both at the international and European level, human rights discourse affirms that divorce should not play a role in the legal recognition of gender identity. In Ireland, there are families that exist where one spouse has transitioned. Despite adversity, these individuals have stayed together and will now be forced to choose between their families and the legal recognition of their true identities. Article 41 of Constitution is supposed to guard against this.

Trans people are vibrant members of society. We belong to families. We are parents, children and siblings. We are active members of our communities. We work and go to school, we pay taxes and we are proud of our country. We agree with the Minister for Justice and Equality, Deputy Shatter, that it is time legislation speaks to the needs of the community it serves. Now is the time to introduce legislation that provides the trans community with the possibility of leading private, dignified and respectful lives as active members of society. It is time the trans community was allowed to step out from the shadows. We ask the committee to carefully consider the issues we raised and take an active part in suggesting amendments to the heads of the Bill.