Eamon Gilmore (Dún Laoghaire, Labour)
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Question 273: To ask the Minister for Health and Children when she will lay the appropriate order before the Houses of the Oireachtas, arising from the High Court judgment delivered on 19 October 2007 (details supplied) as she is required to do under Section 5 of the European Convention on Human Rights Act 2003; and if she will make a statement on the matter. [27061/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The case referred to by the Deputy concerns the rights of a person who has undergone gender reassignment surgery to recognition of her acquired gender. In particular, the person in question sought a declaration pursuant to section 5 of the European Convention on Human Rights Act 2003 that the Civil Registration Act 2004 is incompatible with the provisions of Articles 8, 12 and 14 of the European Convention on Human Rights in failing to allow for a correction to the person's birth registration.

In a High Court judgement delivered on 19 October 2007, the judge indicated that he intends to issue a declaration of incompatibility with the European Convention on Human Rights. Section 5(3) of the European Convention on Human Rights Act 2003 provides that a copy of any order containing such a declaration be laid before both Houses of the Oireachtas within 21 sitting days of the date when the order is made.

The judgement delivered on 19 October was an oral judgement only. The written judgement and finalised order of the Court are not yet available. When the order of the High Court becomes available, all the necessary arrangements will be made to comply with the requirements of section 5(3) of the European Convention on Human Rights Act 2003.

I would point out to the Deputy that the Court has indicated that the making of the declaration in question will not affect the existing law relating to civil registration which continues to apply.