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

Brian Hayes: To facilitate the Bill's progress, I would be happy to return to the matter on Report Stage. There are other matters to discuss and I gave the Minister a commitment to conclude Committee Stage.

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

Brian Hayes: I move amendment No. 63: In page 65, Part 5, between lines 36 and 37, to insert the following: "Forename(s) and birth surname of father of deceased. "Forename(s) and birth surname of mother of deceased.". The purpose of this amendment is to change the death certificate to include the forename or names and birth surname of the father and mother of the deceased. As I understand it, this data is...

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

Brian Hayes: This is also very important for generations in 50, 60, 70 or 80 years' time, who will not have known their grandparents and want to develop a family tree. Those people — amateur genealogists perhaps — could then find the information on the death certificate. People need to know where they are from and who their forbears were, and having this information on the death certificate would be a...

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

Brian Hayes: Why is there an inconsistency between the marriage certificate and the birth certificate in respect of this information? Why is it not contained in the death certificate as well?

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

Brian Hayes: We refer to the birth surname of the father of the deceased and the birth surname of the mother of the deceased. We will come back to this on Report Stage. I do not want to unduly delay the House on it.

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

Brian Hayes: The PPS issue is a future issue.

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

Brian Hayes: It will not affect the past. These changes will be physical changes to the record, if this amendment is accepted, from now into the future. It will be 60 or 70 years before the PPS issue will have any effect in terms of any genealogical benefit.

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

Brian Hayes: People are interested in who went before them.

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

Brian Hayes: I will withdraw the amendment and the Minister might consider this issue between now and Report Stage when I will table it again. It appears Senator Mansergh wants to help me out.

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

Brian Hayes: I suspect he will worry about the Minister's PPS number on the death certificate when she is dead.

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

Brian Hayes: In the First Schedule, Part 1 deals with registration of births, Part 2 deals with registration of stillbirths, Part 3 deals with the registration of adoptions within the State, Part 4 deals with the registration of foreign adoptions, Part 5 deals with registration of deaths, Part 6 deals with the registration of decrees of divorce, and Part 7 deals with the registration of decrees of nullity.

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

Brian Hayes: Where is the issue of marriage?

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

Brian Hayes: Why is it not set out in the First Schedule? Normally the First Schedule is where all the particulars on each of the certificates would be held. All of these life events are usually mentioned in the First Schedule but marriage is not mentioned. What is the reason for that?

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

Brian Hayes: Any changes we try to effect are normally held within the First Schedule because it sets out exactly what needs to be done. I accept that the Minister said it was contained in the sections but why is it not contained in the First Schedule? The 1952 Act concerning marriage certificates was the last legislation in this area, if we are changing it why is marriage not included in the First Schedule?

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

Brian Hayes: Why is it not in the First Schedule?

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

Brian Hayes: I thank the Minister.

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

Brian Hayes: Senator Henry's amendment is superior to my amendment, which is clumsy. We wanted to delete from "may" until "section 13". It is an important issue and we need clarity on it. As it is currently worded, "may" gives a great deal of latitude to the officials concerned and Senator Henry's much clearer amendment, substituting "may" for "shall", will give a firm view about searches, an issue of...

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

Brian Hayes: Having re-read the subsection, I want the Minister to further clarify the matter. The subsection states "on payment to him or her of the prescribed fee, may, subject to such conditions (if any) ..." What possible conditions would there be? In the case of adoption, I am aware there is specific law on this area which requires a great deal of discretion from the officials concerned, but I am not...

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

Brian Hayes: I thank the Minister for her interpretation of those words, on which I concede. Will she consider framing the section a little better for Report Stage on the basis that on practical grounds it may be difficult, as Senator Mansergh said, to carry out a search? Will she consider inserting such an explanation to provide some definition in this regard? I am not being overly prescriptive but if...

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

Brian Hayes: I move amendment No. 35: In page 51, subsection (1), after line 48, to insert the following paragraph: "(c) on payment to him or her of the prescribed fee (if any) and subject to subsections (3) and (4), shall be entitled to, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir (without the need of recourse to any index) search any (i) register of births...

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