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Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: That could happen.

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: Yes.

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: It is contained in sections 51 to 58, inclusive.

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: To be perfectly frank, I have absolutely no idea.

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: The new certificate looks shorter. Senator McCarthy might need one when he is getting married. On it will be the names of the man and woman, their respective surnames, any other surnames; their dates of birth; their current addresses, their future address; their respective occupations; their marital status; the mothers' birth name of both; the fathers' name of both; the date of marriage; the...

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: We have to specify it by regulation. It takes into consideration a number of other issues, in particular, section 46 which states: A marriage solemnised in the State, after the commencement of this section, between persons of any age shall not be valid . . . unless the persons concerned— (a) (i) notify any registrar in writing in a form for the time being standing approved by an...

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Mary Coughlan: I cannot answer the question because I do not know. I have absolutely no idea why it is not in the First Schedule. I am sure it is technically and legally possible. I assure Members I will find out and when I return next week, I will let them know.

Seanad: Water and Sewerage Schemes. (18 Feb 2004)

Mary Coughlan: Gabhaim buíochas don Seanadóir as an tseirbhís thábhachtacht seo ina dháilcheantar a lua. I would like to give a brief overview of the major investment being made by my Department in improving water services infrastructure in County Galway and throughout the country under the national development plan. Last August, the Minister for the Environment, Heritage and Local Government, Deputy...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: As previously indicated, an tArd Chláraitheoir has no function in the registration of guardianship orders granted by the courts, or in the registration of statutory declarations of guardianship, nor would it be appropriate that she or he could have such a function. The Guardianship of Infants Act 1964 provides for a declaration by the mother and father on the guardianship of the child. This...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: There are a number of issues. First, the issue of guardianship is not defined as a life event. That may be disputed. It is an important event, but it is not a life event. I have indicated that I will encourage my colleague, the Minister for Justice, Equality and Law Reform, to introduce a register in the courts because that is where the court orders are available and there is no point having...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: ——except in circumstances where people are separated, divorced or whatever. This is the best way, administratively and every other way, to deal with the issue of guardianship. I am not against the public pronouncement of guardianship. I feel this is best suited to the courts. On the negating of amendment No. 28, as the Senator is aware in his mischievous little way of proceeding with that...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: The amendment reflected something that did not exist in the first place. The previous amendment would have to have indicated that there would be a register of guardianship. The Senator's amendment would have reflected what he would like to see within that guardianship register. As the register does not exist, then it would in itself be negated. It is on that basis that we are pursuing this...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: There is still a confusion on the part of the Senator on what was decided in the Lower House. The section provides for the establishment of registers of births, stillbirths, adoptions and foreign adoptions, deaths, marriages, decrees of divorce and decrees of nullity of marriage. Sections 26 and 27 provide for the registration of certain births and stillbirths to Irish citizens domiciled...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: In order to be clear, the Attorney General has advised me that the Bill contains provisions to do exactly what is desired. Subsections (1) and (5) apply to the stillbirth of a child as they apply to the birth of a child. Accordingly, references in those subsections to birth or births shall be construed as including references to stillbirth or stillbirths, respectively. This clarifies what the...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: It shall be construed in the above manner.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: It is. Section 27(6) deals with that issue; it states "occurring outside the State." Section 13 just deals with the issue of registers.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: The entire section, including the amendment, refers to recording registrations of certain other births occurring outside the State. Section 13 covers births in the State while section 27 covers births outside the State. As that is construed as including reference to stillbirths and births respectively, it covers the issue the Senator is raising. Section 26(2) of the Bill states: Subsection...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: I do not agree with that determination because section 13(1)(b) states: a register of all stillbirths occurring in the State (which shall be known and referred to in this Act as the register of stillbirths). Section 13(1)(a) of the Bill states: a register of all births occurring in the State or to which section 26 or 27 applies (which shall be known, and is referred to in this Act, as the...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: I am not able to respond to the Senator's arguments anymore. I have exhausted my modus operandi on this issue. Amendment put.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: I did not quite grasp that comment. We already discussed this matter extensively. When the time comes for Senator McCarthy he certainly will be most vociferous in ensuring he participates in the registration of a future voter and will rise to his obligations as a parent, as many of us have done already. Given that the registration of a child's birth is such an important life event, it is the...

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