Written answers

Tuesday, 25 May 2010

Department of Social and Family Affairs

Social Welfare Appeals

2:30 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 310: To ask the Minister for Social Protection when a decision will issue on an oral hearing appeal in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [21714/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that, an oral hearing of this case took place on 17th May 2010 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer decision when the appeal has been determined. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 311: To ask the Minister for Social Protection the progress made to date in the determination of eligibility for disability allowance and invalidity payment in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [21715/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements. ^^ Legislative Programme ^^

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 312: To ask the Minister for Social Protection the position regarding the commitment in the programme for Government 2007 to legislate for acquired gender identity for transsexuals; and if he will make a statement on the matter. [19012/10]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 313: To ask the Minister for Social Protection the position regarding the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19013/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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I propose to take Questions Nos. 312 and 313 together.

The Renewed Programme for Government, published in October 2009, contains a commitment to introduce legal recognition of the acquired gender of transsexuals. An interdepartmental committee has been established with the following terms of reference:- "To advise the Minister for Social and Family Affairs on the legislation required to provide for legal recognition by the State of the acquired gender of transsexuals. In particular to propose heads of a bill to provide for

The establishment of a process for legal recognition of the acquired gender of persons suffering from Gender Identity Disorder who have made the transition from one gender to the other.

The establishment of a gender recognition register.

The granting of entitlement to transsexuals to marry in the legally recognised reassigned gender

Any other provisions as may be deemed necessary consequent on the main provisions of the Bill".

The committee is made up of representatives of various Departments and Offices of State and had its first meeting on Thursday, 6 May 2010. It is envisaged that the committee, as part of its deliberations, may invite submissions from interested groups, experts in the field and the public. I would expect that the committee will make its recommendations within a period of about 6 months. It is not possible at this early stage to say when the resulting proposals will be introduced in the legislative programme, or indeed, when a Bill will be introduced. I would, however, assure the Deputy that the matter will be treated as a priority by the Department when the deliberations of the committee are finalised.

The position in relation to the Court proceedings referred to is that the matter is under appeal to the Supreme Court. In the circumstances, it is not appropriate for me to comment further.

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