Ms Leslie Sherlock:

I am a transgender ally, activist and educator with LGBT Noise, which is a non-party political, voluntary, independent group, and we thank the committee for this opportunity. However, the committee should not be listening to me and it is an injustice the panel is not exclusively comprised of transgender and intersex people. They are the only experts on their identities and experiences. They are one of Ireland's most marginalised populations and it is shocking and insulting they have not been properly involved in this process to date, which is solely about their rights. Not only have transgender people not been sufficiently involved, but their concerns remain unaddressed in the heads of a Bill which, however unintentionally, is demeaning to this group of already disenfranchised people

When we are born a cursory glance is taken at our genitals and we are assigned a sex that dictates our path for life. We are categorised as either male or female in every interaction. Toilets, schools, clothes, toys, social roles and legal rights are all distinguished by gender, something most of us never question. We are all assigned a sex at birth, and we all have a gender identity, which is an internal sense of gender which may or may not correspond with our anatomy. Our gender identities are individual and personal and we all have one. Each one of us is the most qualified expert on our own gender identity.

This legislation is about gender identities. It is a way to legally reflect a person's internal sense of gender when it does not fit the norm. Simply put, anyone who has ever questioned the sex he or she was assigned at birth might look to avail of this legislation. Individuals hold all the knowledge of their gender. Gay and lesbian people do not need a doctor to confirm their identity when entering civil partnership. Marriages, drivers licences, passports or any legal function do not require medical confirmation. We are the experts on our own identities.

With all due respect to the medical profession and all it undoubtedly does for transgender and intersex people, requiring a physician's statement to confirm a transition is stigmatising and degrading. It implies individuals are not experts on their experiences and unnecessarily involves the medical profession in what is solely a legal issue. What is more, the concept of transitioning does not apply to all, and in particular intersex people do not transition. Many will be unfit for hormones or surgery due to medical or age contraindications, while others simply do not want a medical intervention. Their bodily integrity and right to determine their own identity needs to be upheld.

The specialty group of medical expertise on this issue in Ireland is tiny and undoubtedly has a vested interest in arguing for the involvement of the medical profession. Surgeries and hormones do not determine a person's identity. If someone does not medically transition or does not wish to engage in medical procedures his or her gender identity is still valid. Gender recognition is about legal rights and self-determined identities. It has nothing to do with medicine. Other jurisdictions have made moves to delink the medical from the legal and this has been recommended by the former Council of Europe Commissioner for Human Rights and by the world professional association for transgender health.

Gender recognition is a process with regard to birth certificates. It should be as simple and straightforward as any birth, death or marriage registry. The heads of the Bill propose the Minister for Social Protection as a decision-making authority. This will create an unnecessary layer of bureaucracy and contribute to the sentiment that transgender people are not the experts on their own identities. We recommend the entire process be put under the Registrar General who, it is envisaged, would maintain the gender recognition register. This would be the least expensive, most simple and most humane option.

The heads of the Bill completely ignore people under the age of 18. Transgender youth face bullying and discrimination constantly. Is it right to legislate to put these vulnerable young people in a situation which increases their marginalisation? Ms Ryan stated intersex people are included in the heads, but the language is unclear and it excludes by the language of transition. Many people enter marriage before realising their transgender identity. Despite the odds, some of these marriages remain loving and supportive. The requirement that an applicant is single effectively forces divorce and puts people in the impossible situation of choosing between their family and their gender identity. Our Constitution's special protection of marriage seems not to be extended to one of society's most marginalised groups.

The heads propose prohibiting transgender people from sport. Regulation of sport is not a Government responsibility and this will create a new discrimination which did not exist previously. Legislation should protect people and promote inclusion, not legalise discrimination. It is imperative to protect the people of Ireland with this legislation and to do so with respect.

Respect means seeing transgender and intersex people as human beings, diverse people with real lives and families and as the experts in their own experiences.

Lydia Foy first requested an amendment to her birth certificate 20 years ago and still she waits. Ireland is one of the last countries in Europe to enact this legislation. It is important that we grasp this opportunity to listen to transgender people, to learn from our neighbours and to get this right the first time. If we do not, there will be court cases, further work and additional cost to the State. I urge the committee to make strong recommendations to the Minister for a process that is simple, speedy and respectful. Members should not take it from me; they should listen to transgender people, as they are the experts.