Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I am surprised to hear what the Minister said. However, I accept there are resource implications. When one registers the birth of a child, the birth certificate is filled out. It is already the case that a copy of the record is maintained and held locally and State-wide. Having the parents' names on the birth certificate does not guarantee guardianship, but a record is kept of the birth certificate, which is very important documentation for many reasons as one moves on in life. We cannot stand over the fact that the statutory declaration which gives one guardianship is not maintained centrally. While I accept that the amendment and the proposition from Treoir has resource implications, it is necessary. One cannot have a situation where there are serious implications if somebody loses a document. I accept it is unlikely that someone would lose a statutory declaration, but documents do get lost and sometimes there can be mischief involved. In the event of such happening, a person would not have a backup. It is necessary to have a centrally held backup of proof of evidence that one has made a statutory declaration.

If both parents register their names on the birth certificate, based on the Minister’s amendment, they are notified that such registration does not guarantee them automatic guardianship and they are given an information leaflet. They could be advised they have 14 days in which to apply for guardianship. If at that stage the couple is happy and they come back and fill out the declaration but the relationship later breaks down the mother of the child would automatically have guardianship but the father would be in a difficult position because there is no central register with evidence of the statutory declaration, which is more important for the child in terms of parentage and guardianship than the birth certificate. It is not enough to introduce a pilot scheme. A central register must be set up. Given that my party will resubmit the amendment in the Seanad in two weeks’ time, if the Minister cannot accept the amendment now, I urge her to think about the resource implications in the intervening period. Such a measure must be introduced as part of the legislation.

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