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

Mary Coughlan: ——except in circumstances where people are separated, divorced or whatever. This is the best way, administratively and every other way, to deal with the issue of guardianship. I am not against the public pronouncement of guardianship. I feel this is best suited to the courts. On the negating of amendment No. 28, as the Senator is aware in his mischievous little way of proceeding with that...

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

Mary Coughlan: The amendment reflected something that did not exist in the first place. The previous amendment would have to have indicated that there would be a register of guardianship. The Senator's amendment would have reflected what he would like to see within that guardianship register. As the register does not exist, then it would in itself be negated. It is on that basis that we are pursuing this...

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

Mary Coughlan: There is still a confusion on the part of the Senator on what was decided in the Lower House. The section provides for the establishment of registers of births, stillbirths, adoptions and foreign adoptions, deaths, marriages, decrees of divorce and decrees of nullity of marriage. Sections 26 and 27 provide for the registration of certain births and stillbirths to Irish citizens domiciled...

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

Mary Coughlan: In order to be clear, the Attorney General has advised me that the Bill contains provisions to do exactly what is desired. Subsections (1) and (5) apply to the stillbirth of a child as they apply to the birth of a child. Accordingly, references in those subsections to birth or births shall be construed as including references to stillbirth or stillbirths, respectively. This clarifies what the...

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

Mary Coughlan: It shall be construed in the above manner.

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

Mary Coughlan: It is. Section 27(6) deals with that issue; it states "occurring outside the State." Section 13 just deals with the issue of registers.

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

Mary Coughlan: The entire section, including the amendment, refers to recording registrations of certain other births occurring outside the State. Section 13 covers births in the State while section 27 covers births outside the State. As that is construed as including reference to stillbirths and births respectively, it covers the issue the Senator is raising. Section 26(2) of the Bill states: Subsection...

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

Mary Coughlan: I do not agree with that determination because section 13(1)(b) states: a register of all stillbirths occurring in the State (which shall be known and referred to in this Act as the register of stillbirths). Section 13(1)(a) of the Bill states: a register of all births occurring in the State or to which section 26 or 27 applies (which shall be known, and is referred to in this Act, as the...

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

Mary Coughlan: I am not able to respond to the Senator's arguments anymore. I have exhausted my modus operandi on this issue. Amendment put.

Seanad: Water and Sewerage Schemes. (18 Feb 2004)

Mary Coughlan: Gabhaim buíochas don Seanadóir as an tseirbhís thábhachtacht seo ina dháilcheantar a lua. I would like to give a brief overview of the major investment being made by my Department in improving water services infrastructure in County Galway and throughout the country under the national development plan. Last August, the Minister for the Environment, Heritage and Local Government, Deputy...

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

Mary Coughlan: It is on page 52 under the reference to searches of registers, paragraph (iii) of which says: "in his or discretion, an tArd Chláraitheoir, so determines,". Section 73(5) states: Information referred to in subsection (4) may be disclosed to persons engaged in medical or social research or to medical officers of health boards if the Minister consents in writing to the disclosure and the...

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

Mary Coughlan: The hospital concerned would have registered the stillbirth if the parents did not do so after the four month period. Therefore, the number of unregistered stillbirths would be low.

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

Mary Coughlan: This provision was included in the 1994 Act. Perhaps some people are not aware it exists.

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

Mary Coughlan: This section provides for the correction of errors at the request of the person having an interest in the matter. The correction of error requires that the superintendent registrar is satisfied that an error exists and that evidence is produced to support the request being made. The proposed amendment would remove any discretion which the registrar would have in the correction of errors. That...

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

Mary Coughlan: One never knows.

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

Mary Coughlan: The legislation provides for an appeals mechanism for those unhappy with decisions made.

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

Mary Coughlan: The section provides for the correction of clerical errors and errors of fact in the registers relating to birth, stillbirth and death at the request of the person who has interest in such matters. Decisions on such matters are being vested in the superintendent registrar. In principle, a clerical error is a minor mistake which occurs in the recording of particulars in the registers. An error...

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

Mary Coughlan: Yes.

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

Mary Coughlan: Section 63 provides for the correction of errors in the register of births, stillbirths and deaths following a request by any person having an interest in the matter. The Office of the Parliamentary Counsel advises that the provisions of section 22 of the Interpretation Act 1937 provides that the word "oath" in the case of persons for the time being allowed by law to affirm instead of...

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

Mary Coughlan: I have been advised that the Interpretation Act 1937 covers this issue. If Members wish to change that Act, they are welcome to do so. However, the advice given to me by the Attorney General and the Parliamentary Counsel is that this is the usage that is acceptable for affirmation.

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