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Seanad: Social Welfare (Miscellaneous Provisions) Bill 2004: Second Stage. (23 Mar 2004)

Mary Coughlan: If the Senator had been here for my initial comments he would understand what is going on. It might be best if he was careful in his consideration of the complexities of equality on the basis of equal treatment. Many people who thought they were in a particular position changed their points of view when I indicated to them that it may be detrimental to their interests to have the ethos of...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: I did not quite grasp that comment. We already discussed this matter extensively. When the time comes for Senator McCarthy he certainly will be most vociferous in ensuring he participates in the registration of a future voter and will rise to his obligations as a parent, as many of us have done already. Given that the registration of a child's birth is such an important life event, it is the...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: I want to make sure I clarify this matter.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: This is why I want to be certain. Where the birth of a child born on a foreign registered vessel in Irish waters is registered depends on the domicile of the parents. One reason we are anxious to have this legislation passed is that a child born on an Irish vessel will be registered as Irish.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: Yes.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: As the Senator will understand, coming from the medical profession, the last place I would like to give birth is on an Irish registered vessel or aeroplane.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: This is the crux of one of the concerns expressed to us. We never had such a facility before.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: Yes. In the case of a married person, the man who is married to the mother must declare otherwise.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: One is "a person" unless one is married. There is a presumption in law that one is the father if one is married to the mother, except when that presumption is taken away. I have thought long and hard about this and I have been convinced by quite a number of arguments. We have discussed this many times. I would like to see the Senator's objectives being met but how should we go about it? We...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: I do not think I have the figures for Dublin here.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: Let us go beyond this and imagine it is compulsory for the father to register. What difficulties would result from this? It would put an onus on the State to determine paternity. One can imagine the mess that would create. Also, prima facie evidence of paternity would be required to register a birth where the parents are not married. Hospitals, GPs and midwives could not act as qualified...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: What happens if Adam becomes Eve?

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: We have had the opportunity to discuss this topic. Section 59 provides for the registration of decrees of divorce and nullity of marriages granted in the State. The civil registration service, except in specific instances regarding births, stillbirths and deaths, records actual vital events occurring to persons within the State. Events occurring in foreign jurisdictions fall to be recorded in...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: The section provides for the introduction of a new appeals system to provide a formal means of redress regarding the registration of life events. The addition of the extra wording as suggested is considered unnecessary. It might in fact confuse, rather than clarify the matter. I am satisfied that the drafting of the provisions in the section complies with best practice. As a consequence, I am...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: Section 61(1)(a) provides for the searching of indexes to the registers under such conditions as may be determined by an tArd-Chláraitheoir. The provision of this section will not pretend to prohibit the searching of the indices to the registers. The purpose of the provision is to allow for the effective organisation, management and future development of the service. On that basis I am not...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: This section provides for searches in the register of stillbirths. The amendment is to provide clarity in understanding the provisions of the section.

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: Contrary to what was said about me, I listen to everything said. Part 5 of the First Schedule sets out the required particulars to be registered in respect of a death. Having considered the views put forward by Senators on Committee Stage, I decided to bring forward my own amendment. A key concern of the modernisation programme is to ensure that all deaths are registered. To address this, a...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: It is a pity none of the speakers live in my constituency. I thank the Acting Chairman and the staff of the House for facilitating us with the debate. I particularly thank the Members who participated in the consideration of the Bill. I wholeheartedly agree that the process by which we examine our legislation is forthcoming. It gives an opportunity to enjoy good debate and banter and to put...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: As previously indicated, an tArd Chláraitheoir has no function in the registration of guardianship orders granted by the courts, or in the registration of statutory declarations of guardianship, nor would it be appropriate that she or he could have such a function. The Guardianship of Infants Act 1964 provides for a declaration by the mother and father on the guardianship of the child. This...

Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Mary Coughlan: There are a number of issues. First, the issue of guardianship is not defined as a life event. That may be disputed. It is an important event, but it is not a life event. I have indicated that I will encourage my colleague, the Minister for Justice, Equality and Law Reform, to introduce a register in the courts because that is where the court orders are available and there is no point having...

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