Transsexuals (Hansard, 23 July 2002)

§ Mr. Pickthall
To ask the Parliamentary Secretary, Lord Chancellor's Department when she will make a statement about the ECHR judgments in the cases of Goodwinv. UK and I v. UK; and when she expects British transsexuals will be able (a) to change their NI numbers and (b) to marry. [71488]

§ Ms Rosie Winterton
The Government reconvened recently the Interdepartmental Working Group on Transsexual People, to re-examine the implications of granting full legal status to transsexual people in their acquired gender, and to make recommendations to Ministers before the end of this year. It has now been tasked additionally with considering urgently the implications of the judgments of the European Court of Human Rights in the cases of Christine Goodwinv. The United Kingdom and I v. The United Kingdom.
The Government are obliged, under international law, to implement the judgments and will decide as soon as possible how to do so. The devolved Administrations are also considering their approach to these issues where responsibilities are devolved.
The matters under consideration include policy on marriage and national insurance arrangements. Transsexual people may already obtain new national insurance cards in their new names.
Following the ruling, statutes must be interpreted in the light of the ECtHR findings and, where a statute allows, discretion must be exercised differently in any case where the traditional interpretation or exercise of discretion would result in a violation of a transsexual person's Convention rights.

§ Lynne Jones
To ask the Parliamentary Secretary, Lord Chancellor's Department (1) whether the Government accepts the ruling of the European Court of Human Rights in the case of Goodwin and I; what action is being taken to bring UK law into compliance with the ruling; and if she will make a statement; [71604]
(2) what the terms of reference are of the reconvened Interdepartmental Working Group on Transsexual Rights. [71605]

§ Ms Rosie Winterton
The Government will decide their response to the Court's judgments as soon as possible. We had already reconvened the Interdepartmental Working Group on Transsexual People because the issues faced by the transsexual community affect the policy of a large number of Government Departments and the devolved Administrations.
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The group met on 9 July. Its agreed terms of reference are: In the light of the report of the Interdepartmental Working Group on Transsexual People and more recent relevant developments, to re-examine the implications of granting full legal status to transsexual people in their acquired gender; and to make recommendations".
These terms of reference remain valid subsequent to the ruling of the ECtHR, delivered on 11 July: but the Working Group has been tasked to consider urgently the implications of the judgments in the cases of Christine Goodwin v. The United Kingdom and I v. The United Kingdom. The Government are obliged, under international law, to implement the judgments and will decide as soon as possible how to do so. The devolved Administrations are also considering their approach to these issues where responsibilities are devolved. Recommendations on a course of action will be put to Ministers in october for collective decisions to be reached during the autumn.
Following the ruling, statutes must be interpreted in the light of the ECtHR findings and, where a statute allows, discretion must be exercised differently in any case where the traditional interpretation or exercise of discretion would result in a violation of a transsexual person's Convention rights.