Mary Coughlan (Donegal South West, Fianna Fail)

I appreciate there is some written opinion by some journalist who has a particular issue with this legislation personally and, as a consequence, it has got a good deal of airing. Senator Brian Hayes said the explanatory memorandum reflected the issue of bestowing rights as a consequence of life events. That is true, but it only reflects the life events referred to in the legislation. It would be the considered view that guardianship is not a life event. It may be something that happens during one's lifetime but it is not necessarily a life event. Much discussion has taken place on it. The Guardianship Act 1964 provides for the declaration by the mother and father in relation to the guardianship of a child through a notary public, commissioner for oaths or a PC. It is stated in big writing on that piece of paper that it is a legal document and should be looked after and cared for. I assume that anyone who has guardianship of a child would, by right, lodge that document with their solicitor to keep it safe because on many occasions there are acrimonious situations at a later stage.

Guardianship can also be determined by the courts. The Ard–Chláraitheoir never had any function in the registration of guardianship orders granted by the courts or in any of the other statutory declarations. The registration of life events, for example, births, deaths, marriages, is a compulsory act. There is a penalty for failing to do so.

I appreciate where Senators are coming from on the basis of the changes in society, life changes, life event changes, relationship difficulties and the responsibility of guardianship. On that basis I wrote to my colleague, the Minister for Justice, Equality and Law Reform, given that he, through the Courts Service, provides registration for divorce and would have records of guardianship orders, arising from the courts, asking if he would consider making the declarations available in the same way as court orders are available. On the issue of surrogate mothers——