Doe & ors v Commissioner of An Garda Siochana & ors (Approved) [2025] IESC 44 (07 November 2025)

Doe & ors v Commissioner of An Garda Siochana & ors (Approved) [2025] IESC 44 (07 November 2025)

The constitutional right to name and identity is protected as part of the dignity of the individual and the protection of the person, but this right is to have authentic civil registration details recorded. The State's interest in the authenticity of these records outweighs the appellants' claims absent very clear and cogent evidence of a direct threat to life or person, which was not established on the facts.

Citation
[2025] IESC 44
Parties
Plaintiff/appellant: Robert Doe; Plaintiff/appellant: Jane Doe; Plaintiff/appellant: Alan Doe (a minor suing by his next friend Jane Doe); Plaintiff/appellant: Brendan Doe (a minor suing by and next friend Jane Doe); Plaintiff/appellant: Ciara Doe (a minor suing next friend Jane Doe); Plaintiff/appellant: Darren Doe (a minor suing by his next friend Jane Doe); Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Minister for Justice and Equality; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
07 November 2025
Procedural Posture
Constitutional Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Identity Rights, Civil Registration Authenticity, State Obligations to Witnesses, Unenumerated/derived Constitutional Rights
Constitutional Law Civil Registration Personal Identity Rights Civil Registration Authenticity State Obligations to Witnesses Unenumerated/derived Constitutional Rights

Case Brief

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Parties

Robert Doe

Plaintiff/appellant

Jane Doe

Plaintiff/appellant

Alan Doe (a minor suing by his next friend Jane Doe)

Plaintiff/appellant

Brendan Doe (a minor suing by and next friend Jane Doe)

Plaintiff/appellant

Ciara Doe (a minor suing next friend Jane Doe)

Plaintiff/appellant

Darren Doe (a minor suing by his next friend Jane Doe)

Plaintiff/appellant

The Commissioner of An Garda Síochána

Defendant/respondent

The Minister for Justice and Equality

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Constitutional Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the State is constitutionally obliged to provide altered birth and marriage certificates to participants in the Witness Security Programme
  2. 2 Whether the failure to provide such documents infringes constitutional rights to name and identity

Ratio Decidendi

The constitutional right to name and identity is protected as part of the dignity of the individual and the protection of the person, but this right is to have authentic civil registration details recorded. The State's interest in the authenticity of these records outweighs the appellants' claims absent very clear and cogent evidence of a direct threat to life or person, which was not established on the facts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no constitutional obligation on the State to provide altered birth or marriage certificates in these circumstances.