Alan Shatter (Dublin South, Fine Gael)
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Question 87: To ask the Minister for Social and Family Affairs if he will introduce legislation to enable transgendered persons to obtain new birth certificates reflecting their new sexual identity in response to the High Court judgment delivered in proceedings taken against the State by a person (details supplied) which resulted in a High Court declaration that laws here are incompatible with the European Convention on Human Rights; and if he will make a statement on the matter. [6347/08]

Martin Cullen (Waterford, Fianna Fail)
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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 intended 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 judge made his order at a hearing on 14 February 2008 and the perfected order was issued on 10 March 2008. The order of the court contains a declaration pursuant to Section 5 of the European Convention on Human Rights Act 2003 that Sections 25, 63 and 64 of the Civil Registration Act 2004 are incompatible with the obligations of the State under the European Convention on Human Rights by reason of their failure to respect the private life of the Applicant as required by Article 8 of the Convention in that there are no provisions which would enable the acquired gender identity of the Applicant to be legally recognised in this jurisdiction. The judge also ordered that the execution of the judgment be stayed for a period of two months from the date of perfection of the order and, in the event of an appeal that execution be further stayed until the final determination of such appeal.

While the Deputy refers to the introduction of legislation to enable transgendered persons to obtain new birth certificates reflecting their new sexual identity, the judgment has implications for a wide range of legislative and policy areas including taxation, social welfare, pensions, family law, criminal law, equality, employment, sport, financial services, health, education and so on. As the judgment of the High Court is the subject of an appeal to the Supreme Court, it is not appropriate for me to comment further at this time.

I would, however, point out to the Deputy that Section 5(2) of the European Convention on Human Rights Act 2003 provides that a declaration of incompatibility does not affect the validity, continuing operation or enforcement of the existing law relating to civil registration.