Results 4,381-4,400 of 12,590 for speaker:Willie O'Dea

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It is only a minor point.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It is only a minor point. I will not press the amendment but it seems unusual in that the law is stating that marriage has taken place from a certain date. As far as the law is concerned, people are married from that date, from the moment of solemnisation, but there are no legal implications in respect of tax, inheritance, etc., until such time as this Act comes into force.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Okay.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I am in broad agreement with Deputy Ó Snodaigh's viewpoint. There is a difficulty because every case depends on its own facts. The legislation will give the registrar discretion, but in exercising this discretion he or she must examine various issues and obviously this list is not exhaustive. If one does not pass the test on one or two of the issues, it does not necessarily mean there...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: The registrar is supposed to do so as soon as practicable.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: He or she should inform the Minister for Justice and Equality

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 5: In page 28, line 38, after "59F(4C)" to insert the following:"and in deciding what documents and information to seek, an tArd-Chláraitheoir shall take into account the particular circumstances of the individual in question".This is an attempt to prevent a situation whereby a superintendent registrar or chief registrar would seek certain information or documents...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 4: In page 16, line 22, after "(3E)(b)" to insert "and the provisions of the Civil Legal Aid Act 1995 shall be available for such proceedings".The Minister of State will be aware that the appropriate subsection makes provision for an appeal to the Circuit Court. I presume what I am proposing here is superfluous because legal aid will be available anyway.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: If I can get an assurance from the Minister of State in that regard, I will be happy to withdraw the amendment.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: That is fine.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: In circumstances where a mother attends alone and she knows the whereabouts of the father but the father is not going along with it, surely the father's name and address can be registered. What is the difference? He might not be willing to talk to the Registrar either.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: If the Registrar contacts him and he does not respond, is that the end of it?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Yes. Essentially, what happens?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It would appear that what has happened in this case is that the certificate has issued - I presume based on the Attorney General's interpretation of the section that the Ard-Chláraitheoir was entitled to issue the certificate.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: What the Attorney General is saying is that it is legal under the Act, as it stands, to issue the certificate.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Has that been done?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I bring to the Minister of State's attention that a short time ago, my attention was brought to an opinion from a senior counsel which runs directly contrary to the opinion expressed by the Attorney General. He states that the crucial words in section 2(1) of the 2004 Act are undoubtedly that the term stillborn means a child who "at birth" and that with all due respect to the learned...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Right. This is the case about which the Minister of State is talking.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I will not press the amendment. We will come back to it on Report Stage but it seems a bit peculiar in that no further damage would be done to the system by accepting the amendment. It would put the matter beyond any shadow of a doubt. Simply because the Attorney General takes one statutory interpretation and a senior counsel takes another view that a bit extra is needed, it seems very...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 2: In page 9, line 23, after “child” to insert the following:"and in those circumstances an tArd-Chláraitheoir shall register the name of the father and his last known address".Section 6 provides that it is the duty of both parents to comply with the registration of the birth of a child, notwithstanding that they are not married to each other. It goes...