Ms Leslie Sherlock:

The chairperson queried whether we see the introduction of the legislation as progressive. I do not think anyone would believe that the introduction of legislation is not progressive, as Ireland is one of the very last countries in Europe to introduce such legislation. What is being proposed in the heads of the Bill is more in line with legislation enacted in Europe in the 1970s and 1980s. Do we really want to introduce legislation that we know from the experience in other countries is outdated? The heads of the Bill are certainly more progressive than the proposals from the gender recognition advisory group. The difficulty is that the views of the medical profession have equal if not greater weight than those of transgender people. Let me reiterate this is a legal not a medical process. The HSE treatment pathway for transgender people needs to be looked at. That is probably an entirely separate process and is a job for a new committee. I do not think we are disputing that it needs some attention.

The question I put to members is to consider what harm is caused by lowering the age of acquired gender from 18 years to 16 years so that young people can have their gender recognised and be protected. What harm is caused by allowing what is realistically a tiny minority within a minority to remain in their marriages? It will not hurt anyone else to allow these families to stay as a family unit and simultaneously to recognise the gender identity of the transgender partner. What is the harm of allowing a person to self determine his or her identity without the need of a stamp of approval from the Department of Social Protection or a letter from a doctor? Getting married, or getting a passport is a legal process, and it should be afforded to anyone regardless of mental health, marital status and age. It is a basic human right.

It is great the Minister for Social Protection, Deputy Joan Burton has brought the process of acquired gender recognition forward. It was not instigated in Ireland but came from Europe. We are one of the last countries to implement such legislation.

We have to consider what harm results from introducing legislation to recognise transgender people in a more inclusive and respectful way that protects them in contrast to what harm results if we do not do it. We have seen evidence of the harm that can be done to young people if they are not enabled to get their gender recognised, to married parents if they are forced to divorce and to anybody who is forced to go through a medical process that he or she may not wish to do.