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

Michael McCarthy: We may raise the matter on Report Stage.

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

Michael McCarthy: I support the case so eloquently made by Senator Hayes. We owe it to children to include this provision. Access to this type of information is essential. Too often we forget the current moral entitlements of the child. It is not good enough that we allow some people off the hook because no legislative framework is in place to ensure they honour their responsibilities. It is difficult to...

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

Michael McCarthy: I move amendment No. 16: In page 25, line 26, after "1931" to insert "as amended by subsection (2)." Amendments Nos. 16 and 17 seek to correct what appears to be an outdated provision in section 1 of the Legitimacy Act 1931. The provision operates to legitimise children whose parents subsequently marry only if the father is domiciled in the State. There appears to be an inappropriate form of...

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

Michael McCarthy: I accept what the Minister said. The relevance of the Legitimacy Act 1931 could be called into question. This is clearly the case in terms of attempting to legitimise children after the parents get married. It may not be a matter to be considered in the context of the legislation before us, but it points to the inadequacy of the Legitimacy Act 1931.

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

Michael McCarthy: Amendment No. 21 is an effort to remove part of the bureaucratic straitjacket attached to the Bill. I am also led to believe there was no provision to change a forename once it has already been changed. I appeal to the Minister to remove the bureaucratic straitjacket and accept the amendment. That would make history.

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

Michael McCarthy: There was a timeframe and a clothing issue involved.

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

Michael McCarthy: I move amendment No. 22: In page 26, between lines 43 and 44, to insert the following subsection: "(3) Where a person whose birth is registered as being of a particular gender, subsequently undergoes gender reassignment surgery and produces a certificate in a prescribed form from a registered medical practitioner to the effect that the person's gender has now altered from that stated on his...

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

Michael McCarthy: Even if the Supreme Court upholds the High Court decision, I urge caution in this regard, because we are dealing here with a powerful European instrument. If this State were to violate the European Convention on Human Rights, it would be shameful. I accept that the Minister is following due legal process on this, but it is only a matter of time before the European Court of Human Rights will...

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

Michael McCarthy: I move amendment No. 25: In page 37, subsection (4), line 37, after "marriage" to insert ", provided that where a marriage takes place in contravention of those provisions in circumstances where the parties believe in good faith that one or both of them is in danger of death, and the parties or either of them or the person or the person celebrating the marriage proves the existence of such...

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

Michael McCarthy: I move amendment No. 4: In page 15, subsection (1)(b), line 38, after "State" to insert "or to which section 26 or 27 applies". I understand the register of births covers children born in the State and additional cases where children are born outside the State, for example, where children are born to Irish citizens resident outside the State such as members of the Defence Forces or Garda...

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

Michael McCarthy: It basically extends the same rights to the registration of stillbirths.

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

Michael McCarthy: I appeal to the Minister to accept the amendment because it mirrors what she has said in regard to accepting the amendment in the Lower House. It is just a matter of the difference between the wording in 13(1)(a) and 13(1)(b). Obviously it is a very sad issue and we owe it to these people to emulate in this House what happened in the Lower House.

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

Michael McCarthy: It is my understanding that the Minister accepted an amendment to 13(1)(b).

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

Michael McCarthy: The amendment reads, "In page 15, subsection (1)(b), line 38 after "State" to insert 'or to which section 26 or 27 applies' ".

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

Michael McCarthy: Is the Minister's point that this provision is included?

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

Michael McCarthy: I move amendment No. 7: In page 20, line 22, after "registrar" to insert "if required to do so". The purpose of this amendment is to make the Bill more user friendly. The Bill retains a Victorian precept in that it is a requirement that both persons registering a birth must attend a registrar's office in person. The Minister spoke about customer service at some length. The Minister has...

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

Michael McCarthy: I appreciate what the Minister is saying but not everybody shares the view she articulated that registration of a child is a fundamental duty. Unfortunately, some may not even consider a wide range of fundamental issues although they may be as serious as the Minister stated. Good customer service would involve a recognition that people may not be in a position to be present at registration. I...

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

Michael McCarthy: I move amendment No. 8: In page 20, after line 45, to insert the following subsection: "(4) Where a child is born in a vehicle or vessel in transit from one place to another and the precise place of birth cannot be identified, the place of birth to be recorded shall be that of the townland or civil parish concerned, or other identifiable geographical area concerned, or if that cannot be...

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

Michael McCarthy: It is much more open than that.

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

Michael McCarthy: From what the Minister stated, I presume a birth certificate can be amended if the name of the townland in which a birth takes place is not known but becomes known subsequently.

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