Seán Kyne (Galway West, Fine Gael) | Oireachtas source

The Bill contains an array of changes to the Civil Registration Act 2004 which better reflect society. Among the changes are the validation of marriages and civil partnerships carried out in foreign embassies in the State, new provisions to deal with marriages or civil partnerships of convenience, the conferring of a duty on both parents of a child to comply with the registration of the birth of the child, and the conferring of a new duty that the father’s name and contact details be provided on the birth certificate, which is important as everyone has a right to know their parents and the father of a child has a right to be involved in his child’s upbringing. There are circumstances in which a mother can refuse to provide such information, namely, where she does not know the identity or whereabouts of the father or she believes that providing the information is not in the best interests of the safety of the child. In this case, the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

I presume regarding not knowing the whereabouts of the father of the child, the issue is whether the father must concur that he is the father. Perhaps there should be some clarification of it. If the father is in England but the mother is confident that he is the father of the child, what must she prove? Why does she not have to disclose the name of the father if she does not know his whereabouts? I note the different treatment of civil partnership and marriage and the confirmation that marriage enjoys greater protection under law than civil partnerships. This is yet another reason we need to implement marriage equality, access to equal civil marriage to all regardless of sexual orientation, and I look forward to the referendum campaign in 2015.

Another change concerns an issue on which I have been working since my election to the House in 2011. In 2012 I introduced a new Bill, as the Minister alluded to, the Civil Registration (Amendment) (Domestic Registration of Death Records) Bill. I did so due to legal shortcomings concerning the registration of the deaths of Irish people while abroad. These shortcomings were acutely experienced by a number of Irish families who had experienced the trauma of a relative dying abroad. The law does not permit the registration of such deaths, with the result that no record of the deceased person exists on an Irish register and no Irish death certificate or equivalent can be issued. I am delighted the legal obstacles which impeded the introduction of these important measures have been overcome, enabling the Tánaiste and Minister for Social Protection, Deputy Burton, and the Minister of State, Deputy Kevin Humphreys, to proceed with this comprehensive Bill in a way which alleviates the burden for those who lose a loved one abroad. It has been a while coming and the delay in introducing this common-sense change to the law has, understandably, been of concern to parents who have suffered such grievance.

Some Members may remember the “help bring them home” campaign in Galway, which was established following one family’s experience of losing a son while on holiday in the US following a swimming accident. In 2010, Galway city councillor, Padraig Conneely, led a delegation which appeared before an Oireachtas committee on this issue. The Civil Registration (Amendment) Bill 2014, which was published in July and which has completed its passage through the Seanad, will finally address this sensitive issue. I am delighted the legal obstacles which impeded the introduction of these important measures have been overcome, enabling the Ministers to proceed with this comprehensive Bill to amend the Civil Registration Act 2004 in such a way as to ease the burden for those whose loved ones die abroad.

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