Róisín Shortall (Dublin North West, Labour)

I move amendment No. 5:

In page 6, between lines 19 and 20, to insert the following:

3.—The Civil Registration Act 2004 is amended—

(a) in section 19, by the deletion of subsection (6)(g),

(b) by the deletion of section 22 and the substitution therefor of the following section:

22.—(1) This section applies without prejudice to the general duty on both parents to register a birth under section 19, whether those parents are married or not.

(2) It shall be the duty of a parent whether married to the other parent or not, to furnish to the registrar particulars of the other parent.

(3) Where a mother who is the informant for the purposes of section 19, gives particulars to the registrar of the father, those particulars shall be registered following the giving of notice to the person so named, unless he makes a claim, within such period as may be prescribed, that he is not father; and on the making of such claim the matter shall be referred by the registrar to the District Court for directions prior to the registration of the birth.

(4) Where a mother who is the informant for the purposes of section 19 fails or refuses to furnish particulars of the father, or provides particulars that are false, misleading or incomplete, any person claiming to be the father of the child may at any time thereafter supply to the registrar or to any other qualified informant particulars regarding the father of the child, and the registrar shall register such particulars if the mother does not object to them within such time as may be prescribed; and in case of such objection the registrar shall refer the matter to the District Court for directions.

(5) Where the father of a child has not been registered in respect of any child born before the commencement of section 7 of the Guardianship of Children Act 2010, or where, in respect of such a child, a mother who is the informant for the purposes of the Act of 2004 has provided particulars of the father that are false, misleading or incomplete, the father of the child may at any time after such commencement supply to the registrar particulars regarding the father of the child, and the registrar shall re-register the birth containing such particulars if the mother does not object to them or in case of objection shall refer the matter to the District Court for directions.".".

The purpose of this amendment is to provide for the compulsory registration of a father's name on birth certificates. This matter was examined in some detail by the joint committee which made a clear recommendation calling on the Minister to introduce such a system. This system operates in many northern European countries. It arises from the UN Convention on the Rights of the Child, regarding the right of the child to know and be cared for by both its parents. At present, there is tendency among unmarried parents not to register the father's name. It is or should be part of every person's birthright to know both parents and for that reason I propose we change the law to allow for the compulsory registration of the father's name.

The other issue involved is the pursuance of fathers for maintenance and it would be of assistance if such details were provided. It is standard practice in many other countries and is something towards which we should move in this country. I ask the Minister to support the amendment.

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