Oireachtas Joint and Select Committees

Thursday, 28 February 2019

Select Committee on Social Protection

Civil Registration Bill 2019: Committee Stage

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael) | Oireachtas source

I am well able to do so, as the Chairman knows.

As Deputies are aware, this Bill is being fast-tracked with the co-operation of every Member of the Oireachtas because it is a priority not only for the Government, but for the women who have been awaiting its enactment for far too long. That it is the only non-Brexit Bill being dealt with in the House should show how important an impact we all believe it will have. I acknowledge Members' support.

The amendment's effect would be to bring Part 9 into operation by default on or before 6 October if commencement of the Act has not happened prior to that date. As I have stated on Second Stage, I have no intention of delaying this Bill. In fact, I will commence it immediately once it has been passed by the Oireachtas. I have no issue with the 6 October deadline - I do not know why the Deputy magically chose that date - because I will have surpassed it. However, I will oppose the amendment on the basis that, as drafted, it would make commencement of Part 9 the sole responsibility of the Minister for Justice and Equality, who is the relevant Minister under the 2015 Act that the Deputy referenced. The amendment removes the obligation on that Minister to consult with me as the line Minister with responsibility for the General Register Office, GRO, and our registrations unit regarding any change that is made or considered prior to the Bill's enactment. The arrangement for consulting is provided for in section 17 of the Children and Family Relationships Act 2015, and for good reason, as that Act covers numerous Departments and ministerial responsibilities. Therefore, removing my responsibility over legislation would not make much sense. On that basis, I will oppose it.

I wish to make Deputies aware of the other piece of the picture. The commencement of Parts 2 and 3 of the 2015 Act is the responsibility of the Minister for Health. I wish to flag to the Chair that the Department of Health has indicated to me that a short technical amendment may be needed on Report Stage. If so, I will move it. The Department is engaging with the Office of the Attorney General to seek specific legal advice on an issue regarding the interaction between certain transitional provisions under section 26 of the Act and whether a certificate issued by a donor-assisted human reproduction, DAHR, facility to the intending parents that enables them or her to register the birth of the child born following a DAHR procedure may be required. The advice may be that the existing provision is fine, in which case an amendment would not be necessary, but I just wanted to flag the issue.

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