Dáil debates

Wednesday, 12 December 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Commencement of Legislation

4:40 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael) | Oireachtas source

I thank Deputy Joan Collins for raising the matter and acknowledge her special interest in the subject on behalf of her constituents. It is important that she raises these issues. I apologise on behalf of the Minister for Employment Affairs and Social Protection, Deputy Regina Doherty, who is attending the Seanad and cannot take the issue herself.

This is a complex issue. Certain sections of Part 9 of the Children and Family Relationships Act 2015 provide for the registration and re-registration the birth of a donor-conceived child and, in particular, make possible the registration of details of "parent" as well as of "mother" and "father" where required, which is something all Members agree with. The current position is that these sections need to be amended to correct technical errors and have yet to be commenced. It is Minister's intention to make the necessary amendments on Committee Stage of the Social Welfare, Pensions and Civil Registration Bill 2017. Commencement of the provisions is also dependent on commencement of Parts 2 and 3 of the 2015 Act, which is the responsibility of the Minister for Health.

The Children and Family Relationships (Amendment) Act 2018 was enacted on 24 July 2018. It was introduced to correct typographical and technical errors in and facilitate the subsequent commencement of Parts 2 and 3 of the Children and Family Relationships Act 2015. As such, this is a complex matter with issues overlapping where one Act must move with the other. There are important administrative and operational arrangements to be put in place to facilitate the implementation of Parts 2 and 3, including the establishment of a national donor-conceived persons register and the appointment of authorised persons under the Act. The Minister understands it is the intention of the Minister for Health that Parts 2 and 3 of the 2015 Act will be commenced as soon as possible. While I do not have a date to hand, I will be meeting the Minister for Health later and will ask him to communicate directly with Deputy Joan Collins in this regard. In order to progress the commencement of the relevant Parts, officials from the General Register Office, the Department of Employment Affairs and Social Protection and the Department of Health are working together to ensure that the appropriate legislative, regulatory, and operational mechanisms are in put place to allow for the earliest possible commencement of all relevant legislation to facilitate birth registration of donor-conceived children. Collaboration is ongoing between the three bodies.

The Minister is aware of the impact this issue is having on affected families. The Deputy outlined those on behalf of her own constituents in Dublin. The Minister acknowledges in particular the position of same-sex female couples wishing to have the second partner registered as "parent" and the pressing need to proceed with commencement as soon as possible. The Deputy has been working on this for some time and I understand where she is coming from on it. I will ensure that both line Ministers are aware of the matters she has raised in the House this evening.

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