Seán Conlan (Cavan-Monaghan, Fine Gael) | Oireachtas source

I welcome this Bill, which will enact various improvements to the administration of civil registration in this State. This amending legislation is broad in its capacity but I find the changes made to the registration of marriage and civil unions of key interest. The right to marry is a fundamental right according to both the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Article 41.3.1o of our Constitution commits the State towards guarding the institution of marriage with "special care". If all of these documents, which form the backbone of our legislative powers, hold the institution of marriage in such a high regard, it is important that we closely analyse any attempts to limit or regulate that right.

Although the definition of marriage can become the subject of intense debate, it is hard to imagine anyone encouraging the use of the institution of marriage for the purposes of circumventing our immigration laws and procedures. In a 2011 High Court ruling, the decision was made that a marriage contracted for immigration purposes is valid under Irish law due to the lack of explicit legislation against such practices. Allowing such a loophole to remain unchanged diminishes the authority of our naturalisation procedures.

It is imperative to ensure that our civil registration process does not interfere with the work being done to accommodate and manage our immigrant population. By putting into place this amendment to the Civil Registration Act, we can distinguish between those who want to use marriage for legitimate purposes and those who are attempting to manipulate the system.

Our failure to legislate on this immigration breach has raised international concerns, particularly from Latvia. There has been a rush of marriages that were allegedly responsible for trafficking Latvian women to Ireland with the intention of marrying non-EU nationals for the purposes of citizenship. We cannot stand idly by and simply watch as Ireland is used as a haven for human trafficking. We cannot allow our Republic to become the weakest link for those looking for an illegitimate reason to enter the European Union.

Most importantly, we cannot allow our negligence to affect the lives of vulnerable women from within the EU. We must strive to make a positive difference through our interactions with member states, and making our immigration process airtight is a part of that commitment. The issue is not marriages or civil partnerships based on economic benefits. While it may be the optimal situation to be in love with one's partner, it is by no means a legislative requirement. It is important that we keep in mind all of the prospective situations in which people may find themselves before we pass laws that might infringe on the rights of Irish citizens to determine their own lives.

Civil unions and marriages are not the only issues within the scope the Bill. In particular, section 6 amends a great deal of legislation on the registration of a child's birth parents. Over 35% of births last year were to parents outside of marriage. In current law, only the mother's name need be registered in the circumstance of a child born out of wedlock. This, unfortunately, leaves a child without a guaranteed right to know who his or her father is, which can bring great confusion into a child's life through no fault of his or her own. It is also important to know one's lineage for practical reasons, such as establishing where family connections exist, and it might be problematic if such information is unavailable.

Exceptions are to be made, and this Bill allows room for negotiation. Should a mother lack knowledge of who her child's father is, or should she find it to be detrimental to the safety or welfare of either her or her child, she may opt out of the new registration requirement. This nuanced approach to birth registration ensures a fair and unobtrusive process will be used when gathering what can be sensitive information that is necessary for a number of legal and administrative reasons. On this facet of the Bill, it is important that the rights of the child be placed at the forefront of our efforts to navigate this potentially controversial amendment. Critics will rightfully point to the compulsory nature of birth registration as being somewhat unjust to women who find themselves in a position of potential vulnerability. While it is not our responsibility as law makers to pry into the personal lives of our constituents, for us to take our focus off of the children in question would be a disservice to them. Children born in this country have a right to know where they come from, and we must preserve their right to an identity above all else.

I firmly support our Government's push to streamline our civil registration processes. The more we work to sharpen existing legislation, the more efficiently and effectively we can serve the citizens of our nation.

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