Written answers

Tuesday, 27 May 2025

Department of Employment Affairs and Social Protection

Departmental Inquiries

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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438. To ask the Minister for Employment Affairs and Social Protection the reason the estates section of his Department has not issued the relevant documents in relation to the estate of a deceased person (details supplied) as the executor is unable to distribute the estate until this matter is finalised; if he will arrange to have it finalised promptly; and if he will make a statement on the matter. [27669/25]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The estate of the deceased person was the subject of a review by a Social Welfare Inspector following the receipt of Notice of Acknowledgment (Probate) from the solicitor for the estate. Following the conclusion of this review, a letter of clearance issued to the solicitor for the estate on 23 May 2025.

I hope this clarifies the position for the Deputy.

Photo of Eoin HayesEoin Hayes (Dublin Bay South, Social Democrats)
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439. To ask the Minister for Employment Affairs and Social Protection the measures his Department is putting in place to ensure Ireland's compliance with the recent European Court of Justice ruling in the case of Deldits (C-247/23); and if he will make a statement on the matter. [27712/25]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The judgement referred to by the Deputy is in relation to the requirement of a national authority, responsible for keeping a public register, to rectify the personal data relating to the gender identity of a natural person where data are inaccurate. The General Register Office of my Department fulfils this requirement and will engage with any person whose data it holds to ensure the data held is accurate.

The judgement also states that for the purposes of exercising the right to rectification of the personal data relating to the gender identity that are contained in a public register, that person may be required to provide relevant and sufficient evidence that may reasonably be required of that person in order to establish that those data are inaccurate. However, a Member State may not, under any circumstances, by way of an administrative practice, make the exercise of that right conditional upon the production of evidence of gender reassignment surgery.

The General Register Office does not require evidence of gender reassignment surgery in order to process an application to change the gender data assigned to a person.

I trust this clarifies the matter for the Deputy.

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