Dáil debates

Tuesday, 19 February 2019

Civil Registration Bill 2019: Second Stage

 

8:50 pm

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael) | Oireachtas source

I really appreciate the support of Deputies on all sides of the House and their co-operation in passing this legislation which has been too long in the waiting, but that is why we are placing the provisions in a stand-alone Bill in order to prioritise it, not just from a Government perspective but also from the perspective of all of us. We want to fix this anomaly in order that we can aid the families about whom we are talking and about whom Deputy Penrose spoke eloquently.

Deputy John Brady is right in saying the birth mother is the sole legal parent and guardian. That is exactly what we are trying to fix in order that the other mother or parent will have as many legal rights and responsibilities in respect of their child as the birth mother.

Deputy Ó Laoghaire talked about the commencement of Part 9 of the Children and Family Relationships Act 2015, while others talked about the commencement of Parts 2 and 3. There will be no delay. I know that probably sounds empty as we have been talking about this legislation or delaying it for four years. Parts 2 and 3 of the Children and Family Relationships Act have been passed. They just need to be commenced. In order to do so a small amount of administrative work needs to be done in the Department of Health and the HSE. The Minister for Health is working on the matter. We are establishing the national donor conceived persons register. It is being worked on. A small amount of work needs to be done in the context of the GDPR. It is also being worked on.

If I were to provide an exact date tonight, I would be making it up. As it also sounds a little empty to say I will provide it as soon as possible, I will endeavour to come back on Committee Stage or before the Bill reaches the Seanad to at least given an exact month for commencement of the legislation. There will, however, be no more delays in that regard. I personally made that commitment to some of the mammies I met at the demonstration outside which had been organised by the Labour Party. They are rightly fed up and have been waiting for far too long.

Deputy O'Dea said he was not sure how it would be made less onerous for a woman not to register her husband or estranged husband as a parent. It will be as simple as making a self-declaration. At present one has to complete a statutory declaration and seek a commencement order from the court. There will be no more of that bull. A lady will be able to self-declare the exact situation and particulars. Anything that was onerous in the past will be removed. The Deputy also mentioned changes in respect of the coroner. The changes are being made in practice, even though there is no legislative basis in the majority of cases. The new provisions will give more weight to the family member in providing particulars in the case of a death abroad.

I thank the Leas-Cheann Comhairle for his forbearance. The amendments included in the Bill are mainly technical, but they will have a massive and real emotional impact on the people affected. I am looking forward to working with Members on Committee and Report Stages to have this legislation passed as soon as we can.

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