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

Brian Hayes: No.

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

Brian Hayes: Amendment Nos. 37 and 38 may be taken together, with the House's agreement. Amendment No. 37 is something I am not hung up about but I am interested in the issue contained in amendment No. 38. I think Senator Henry would agree that what the Minister is doing here as regards the stillbirths register is a welcome development and she is to be congratulated for it. However, an issue was raised...

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

Brian Hayes: What I have suggested in our amendment is that fathers and mothers should be deleted and substituted by "the father, mother, blood relation, or descendant of the parents of the stillborn child". I am not hung up entirely on that, but I want to outline the reason behind it. If the Minister has another way of saying it that is more accurate than what I propose, all the better. People apart from...

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

Brian Hayes: As a number.

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

Brian Hayes: Where is that?

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

Brian Hayes: When this provision was first introduced by former Minister Mervyn Taylor, a parent could apply for a certificate within 42 days. The Minister is now increasing that to one year. Is it possible that the new provision could apply retrospectively to 1995, the year the legislation was introduced? Can parents of a stillborn child who did not realise this provision existed now register that...

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

Brian Hayes: Is the Minister saying that hospitals registered stillbirths independently of the parent or parents?

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

Brian Hayes: I move amendment No. 39: In page 52, subsection (2), line 47, to delete "may" and substitute "shall". This amendment raises the "may" and "shall" argument in relation to the correction of errors at the request of a person having an interest in the matter. I will respond having heard the Minister's reply.

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

Brian Hayes: Would that be bad?

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

Brian Hayes: I will take the Minister's word in that regard.

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

Brian Hayes: I move amendment No. 40: In page 53, subsection (2)(a), line 2, after "error" to insert "or omission". This amendment also relates to the correction of errors. It is good that people can correct errors. I am sure a percentage of all registrations contain errors. The Minister has not included the word "omission". It would appear sensible that a person who realises there has been an omission...

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

Brian Hayes: So the Minister's definition of error covers omissions?

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

Brian Hayes: I will take Senator Mansergh's word in that regard.

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

Brian Hayes: And we now know who writes these replies.

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

Brian Hayes: I move amendment No. 46: In page 55, subsection (1), line 5, after "may" to insert "initiate and shall on request by an interested person in writing". This section is designed to allow the Ard Chláraitheoir to initiate inquiries. The amendment suggests inclusion of the words — they may not be necessary but I would be interested to hear the Minister's reply — "initiate and shall on...

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

Brian Hayes: One person's irrelevance is another person's relevance.

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

Brian Hayes: If the registrar decides against an applicant in respect of this matter, can he or she appeal the decision?

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

Brian Hayes: Is the Minister stating that if the answer is negative the applicant may initiate an appeal?

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

Brian Hayes: I move amendment No. 47: In page 62, before the First Schedule, to insert the following new section: "74.—An tArd-Chláraitheoir will, in consultation with the Director of the National Archives and the National Archives Advisory Council, formulate and publish a policy document or statement setting out a framework for greater public access to civil registration registers or register books...

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

Brian Hayes: I move amendment No. 48: In page 63, Part 1, line 14, to delete "Marital status of mother" and substitute "marital status of parents of child". Fine Gael's proposed wording is more appropriate.

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