Joe Costello (Dublin Central, Labour)
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Question 118: To ask the Minister for Social and Family Affairs the reason the Government has appealed the case of a person (details supplied); and if he will make a statement on the matter. [13679/08]

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. On foot of a High Court judgement delivered on 19 October 2007, the judge made an order 14 February 2008 and the perfected order was issued on 10 March 2008. The order 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.

This is the first time that the High Court has made a declaration of incompatibility with the European Convention on Human Rights in respect of a provision of Irish law. As such, the High Court judgement is very significant and raises complex and far-reaching issues, not merely for this case but for future cases under the European Convention on Human Rights Act. 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. In that context, an appeal has been lodged in the Supreme Court against the High Court decision in the interests of seeking clarity on all its implications.

As the judgment is the subject of an appeal, it is not considered appropriate for me to comment further at this time.