Jack Wall (Kildare South, Labour)
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Question 159: To ask the Minister for Social and Family Affairs her views on correspondence (details supplied); her plans to introduce legislation to address the matter; when such legislation will be published; and if she will make a statement on the matter. [9351/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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This issue was the subject of a High Court judgement concerning 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 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. It will be a matter for the Government as a whole to decide on an appropriate overall approach to deal with the many issues arising from the High Court judgement.

As the judgment is the subject of an appeal to the Supreme Court, it is not considered appropriate for me to comment in detail at this time, other than to say that I am keeping the matter under review. 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.