Tim O'Malley (Limerick East, Progressive Democrats)

I thank the Members for their interest in this legislation and for the co-operation of the House authorities and Whips in agreeing to have it introduced at short notice.

The swift passage of this legislation is important for a number of reasons, some of which I will outline. The commencement of the 2004 Act cannot be done without the proposed amendment. The introduction of the marriage provisions, including choice of marriage venues, will be further delayed without it. Currently, surnames of children born to parents who are not married to each other, but who subsequently marry, cannot be changed. This can often result in children of the same family having different surnames, which causes distress for the families involved, especially regarding schooling and contact with public agencies.

The delay in commencing the Act is causing continuing operational difficulties for the General Register Office and the civil registration services generally. The continued reliance on old and fragmented legislation, much of it dating back to the 19th century, poses ongoing problems for the General Register Office and the public because it is not geared to the needs of a modern society.

It is obvious from the debate that Members recognise the vital importance of civil registration legislation and the effect is has on us as individuals and on society. I assure Members that their comments are noted and will make a valuable contribution to the future development of civil registration policy. It is unfortunate that, owing to time pressures, it is not possible to respond to all of the points raised, but I will try to respond to some. Deputies will recall that there was a lengthy and thorough debate on registration issues raised during the passage of the Civil Registration Act in January and February 2004.

Deputy McManus asked when the legal advice was received. It was received during February and March of this year. Currently, in cases involving an application to change an existing surname, where a surname has been registered on foot of a joint registration or a statutory declaration from the father, it is not possible for an tArd-Chláraitheoir to make any amendment unless it is on foot of a court order.

The Civil Registration Act 2004, when commenced, will allow for the re-registration of births of "legitimated" children, where paternal details have been entered in the original entry. In other words, couples who marry after the child's birth will be able to change the surname if they wish. Following the re-registration of a surname under the new provisions, it will not be possible to make any further alterations to the surname details. As there is no presumption in law that a man, other than the husband of a married woman, is the father of her child, there are practical and legal difficulties for a registrar in requiring a man to register the birth of a child without a conclusive establishment of paternity. For example, it would not be desirable if it were possible for a man to claim paternity in a case where the mother rebuts this claim or were it possible for a mother to name any man as the father of her child.

In cases where the parents are not married to each other, it is possible to have the father's details re-registered with the agreement of both parents or on application by either parent supported by a court order. Any application for addition or alteration of paternity details or surname details, involving a woman who was in a substantive marriage during the ten-month period up to and including the date of the child's birth, must be accompanied by a declaration of rebuttal of paternity from the husband.

Some Members referred to venues for the solemnisation of marriages. This issue does not apply to Roman Catholic marriages, which can be solemnised in any venue. The choice of venue is a matter for the parties to the marriage and the solemniser. Catholic marriages account for almost 80% of all marriages in the State per annum. Restrictions apply currently only to non-Catholic religious marriages, which must be solemnised in a registered building, and civil marriages, which can be solemnised only in the office of a civil registrar of marriages. A working group has been set up within the Department to examine the issue of places, other than the office of a registrar, where a civil marriage may take place. It is intended that a register of approved places will be established. It will be a matter for non-Catholic clergy to agree upon a venue for solemnisation with the participants. Guidelines on suitable venues, other than existing churches and places of religious worship, will be available to all religious denominations upon commencement of the marriage provisions of the 2004 Act.

Unfortunately I do not have a breakdown of the statistics Deputy Ó Caoláin requires on employees, but the majority are not employees of the HSE. On the question of registration in different languages, tá rogha ag na tuismitheoirí cén teanga a úsáid, más Gaeilge í nó aon teanga eile. Tá súil agam go n-aontaíonn an Teachta leis an bhfreagra sin.

The management of registration is reviewed regularly by an tArd-Chláraitheoir, who has regular meetings with the superintendent registrar. He or she is required under the Act to produce an annual report, to be brought to the attention of the Oireachtas.

Deputy Finian McGrath asked a question on costs. Costs are associated with the modernisation programme and the 2004 Act, and more so with regard to the present Bill and staffing levels.

I agree with Deputy Finian McGrath that members of the public must be treated with courtesy at all times, and the civil registration service is acutely aware of the needs of the public in this regard.

Regarding Deputy Neville's question, talks are ongoing with the OPW but are at an early stage and no dates have been agreed. However, existing genealogical services continue to be available in Joyce House and additional staff will be assigned in the coming weeks. I regret that the Deputy has not received the information he sought from the HSE and will arrange to have the matter urgently followed up. He asked whether it would be unfair to think that the information would be withheld until the recess, and it would.

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