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Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I think we have covered this issue. It is important to point out that under this Bill, registration of the mothers and the father on a birth certificate will be obligatory. That is an important move. A similar measure has been in place in other countries for some time. As a result of this, more fathers will be involved in the birth registration process. Also, as the registrar will under...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 50:In page 37, between lines 18 and 19, to insert the following:"References in enactments to guardians appointed under section 6C or 6E 41. The Act of 1964 is amended by the insertion of the following section after section 2:References in enactments to guardians appointed under section 6C or 6E 2A.(1) Subject to subsection (2), a reference in a provision of an enactment...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 53:In page 39, line 5, to delete "the" where it secondly occurs and substitute "a".These are minor drafting amendments to ensure clarity and consistency.

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 56:In page 39, line 11, to delete "months," and substitute "months occurring after the date on which this subsection comes into operation,".

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 57:In page 39, lines 19 and 20, to delete "as guardian of the child," and substitute "as a guardian of the child, and".

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 58:In page 39, to delete lines 21 to 23.

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 59:In page 39, line 24, to delete "(d) have" and substitute "(c) have".

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: In the course of today's debate, we have already had some discussion on the matter. This amendment would require the establishment of a central register for statutory declarations of guardianship. I have already gone into the details on the complexity of the establishment of such a register, which we do not have at present. I will make a number of points in this regard. I am concerned...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I am sure many Deputies are surprised we do not have such a register already. Deputy Mathews referred to the Land Registry where changes of house ownership get registered and one can access them. Of course there is an element of personal responsibility in terms of keeping a copy of one’s statutory declaration but, equally, we know that people can lose such a document and difficulties...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: This is part of what we have to figure out. Many of the guardianship applications are dealt with in the courts system. Information would be gathered from a variety of sources, including peace commissioners, commissioners for oaths, the courts and the registrar. Given that it would be available in at least four locations, a scoping exercise would be required to ascertain how one would...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: No.

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: May I respond?

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: Deputy Mac Lochlainn makes a specific point on statutory declarations. I undertake to commission a report on this issue because it needs to be scoped. This matter did not arise as a result of the introduction of this Bill. There has been a lacuna in this area for decades.

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: Yes. The precise details, including data protection issues and a range of other matters, need to be identified in a scoping exercise. At this point, I have difficulty accepting the amendment because I first need to have such a scoping exercise done. I cannot transfer this to the General Register Office without discussion and negotiation or knowing what is the scope of it. However, I will,...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 61:In page 41, to delete lines 6 to 17 and substitute the following:"(11) The rights and responsibilities referred to in subsection (9) are the rights and responsibilities of a guardian:(a) to decide on the child’s place of residence; (b) to make decisions regarding the child’s religious, spiritual, cultural and linguistic upbringing; (c) to decide with...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 62:In page 42, line 39, to delete "through" and substitute "through serious".

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 63:In page 44, line 16, to delete "views."." and substitute "views.".

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 64: In page 44, between lines 16 and 17, to insert the following:"Declaration that person is guardian6F. (1) A person specified in subsection (2) may apply to the court for a declaration under this section that a person named in the application is or is not a guardian by virtue of the circumstances set out in section 2(4A) or 6B(3) of a child named in the application (in...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 66:In page 44, to delete lines 20 to 27 and substitute the following:"7. (1) On the death of the guardian (‘deceased guardian’) of a child, a guardian (‘surviving guardian’) surviving the deceased guardian, if any, shall be guardian of the child jointly, where applicable, with— (a) any other surviving guardian, and (b) any person or...

Children and Family Relationships Bill 2015: Report Stage (Resumed) and Final Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 67:In page 44, line 36, to delete "the" and substitute "a".

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