Tom Hayes (Tipperary South, Fine Gael)
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I thank the Ceann Comhairle for choosing this issue which is important to me and some of my constituency people. I thank the Minister for being present to respond to it. I wish to discuss the registration of the deaths of Irish citizens abroad or, to be more precise, the lack of registration. The Minister will be aware that the Civil Registration Act 2004 covers the registration of births, stillbirths and deaths. Under current legislation, the death of an Irish citizen abroad is only recorded and registered where it falls into one of three categories: first, the person dies in an aircraft or on an Irish ship abroad; second, the person dies in a foreign aircraft or on a foreign ship; and third, the person is a serving member, or the spouse of a serving member residing outside the State alongside his or her partner, of An Garda Síochána or the Defence Forces. In effect, this means the vast majority of deaths of Irish citizens abroad are never recorded or registered in Ireland.

The absence of registration in Ireland of a death abroad makes life considerably more difficult for the family members left behind. As many Members are aware from personal experience, a death certificate is usually needed to finalise affairs, including the closure of bank accounts, the cancellation of a passport and other issues that must be dealt with on a regular basis. The name of the deceased appears in certain documentation and the production of a death certificate can result in finalisation, something people are keen to attain.

There is a genealogical aspect to this matter also. The official annual death figures are not fully accurate since they do not account for hundreds of deaths of Irish citizens outside the State each year. Future generations will find it extremely difficult to trace their ancestors if one of them died overseas. That is the hard reality. I have no doubt the Minister will agree these people are not just statistics. They deserve the right to be recognised in their own country, even after death.

I know from experience the pain this has caused families and friends who have lost loved ones overseas. There are two exceptionally sad cases in my constituency. Mary Britton, who lost her husband, has been campaigning on this issue here in Leinster House and with previous Governments, and continues to fight her case in an understanding and caring way. Similarly, Dolores Millea, whose son died in Germany in 2007, believes resolving this issue could prevent future families suffering some of the distress with which those two families have had to deal.

This proposal would be a normal way to help those who have suffered so much. It would be a caring act we could do for those people, including the two examples I have given of the people in my constituency. It is an issue we should try to resolve and if the Minister cannot give me a full answer today, she might indicate a timeframe of what will be done to end this difficult situation.

Joan Burton (Dublin West, Labour)
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I thank Deputy Hayes for raising this important and sensitive issue. I appreciate it is of enormous difficulty and concern to many families. I am aware the Oireachtas Committee on Social Protection examined this issue in the past.

The provisions and procedures governing the registration of deaths in Ireland are contained in Part 5 of the Civil Registration Act 2004 and are as follows. Where a death occurs in the State it is the duty of a qualified informant, usually a relative of the deceased, to attend at a registrar's office and register the death on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner's certificate.

Section 38 of that Act makes provision for the registration of a death of an Irish citizen domiciled in the Statein certain specific circumstances. Where the death of an Irish citizen domiciled in the State occurs abroad, the death may be registered here if there was not at the time of the death a system of registration of deaths in the place where the death occurred, or such a system that applied to such a death, or it is not possible to obtain copies of or extracts from civil records of the death, that is, a death certificate. In other words, if the death could not be registered or if a death certificate could not be obtained, the death can be registered here. Although the number of such cases is extremely small, it is considered reasonable to make provision for them.

The reasoning behind these provisions is to ensure that where deaths cannot be registered abroad, they can be registered here, and that in all cases the relatives of the deceased have available to them a certificate of the death for personal, legal and administrative purposes. When an Irish citizen dies abroad, the death is usually registered by the civil authorities of the place where the death occurred, and a certified copy of the death registration is obtainable. This certificate, translated if necessary, is normally sufficient for all legal and administrative purposes here, and for those reasons alone there is no necessity for the death to be registered in this State.

Any broadening of the current provisions will require careful consideration. It will be appreciated that the number of people who live and die in other countries and who have or are entitled to have Irish citizenship is very large. This would have implications both for the registration process itself and for the vital statistics relating to deaths which are derived from registered events.

The number of Irish citizens who are domiciled in Ireland and who die abroad is relatively small in the context of total deaths occurring here in any given year. The figures available in respect of 2011 was 190 and 210 in 2010. Those figures refer to cases where consular assistance was provided and probably represent only a proportion of deaths of Irish persons who die abroad each year. My understanding is the majority of the people who died abroad were travelling abroad for leisure or business purposes. I am conscious each figure on a death represents a tragedy and because the death takes place away from home, it is an additional heartache for the family.

A death certificate is readily available in the overwhelming majority of these cases. However, I appreciate that many families of the deceased feel strongly that by registration of the death, the person's death is given recognition in his or her own country and also that this fact would assist during a period of considerable grief. I am aware the Oireachtas Committee on Social Protection has recommended in the past amending the current legislation to enable deaths of Irish citizens who have died abroad be registered here. Any broadening of the current provisions requires careful consideration given the number of people who live and die in other countries and who have, or are entitled to have, Irish citizenship. I hope to be in a position to introduce legislation on this and other aspects of civil registration in 2012.

Tom Hayes (Tipperary South, Fine Gael)
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I thank the Minister sincerely for giving such a comprehensive reply. This is a very sensitive issue for people. The Minister said she hopes to be in a position to introduce legislation in 2012. I will be happy if that happens and will write to the Minister on the many aspects. This is a very sensitive issue but people need that finality. I thank the Minister for what she has done so far.

Joan Burton (Dublin West, Labour)
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I thank Deputy Hayes for raising this issue. I understand its importance to many of the bereaved families. I have undertaken to have further legislation on civil registration. This is one of a number of matters which need to be addressed and it is my intention to do that when the heads of the Bill and so on have been drafted. There may be a role in that respect for the committee or for the Seanad to examine some of the issues because aside from the issue of the registration of deaths of Irish people who die abroad, a number of other issues arise which require to be addressed also.