Seanad debates

Wednesday, 18 February 2004

Civil Registration Bill 2003: Committee Stage.

 

4:00 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

I move amendment No. 15:

In page 25, between lines 21 and 22, to insert the following subsection:

"(9) When the person to whom section (2)(d) applies makes a request to a registrar under that provision, the registrar shall notify the mother of the request before re-registering the birth.".

Section 23 makes provisions on re-registration. I have been advised that Senator Henry is more expert on this matter than me and I will let her come in on it. I may have been advised of that inadvertently, however.

The intention of amendment No. 15 is to insert a new subsection (9) to make provisions in respect of a re-registration some years after the birth. The registrar would be obliged to notify the mother of a request before re-registering the birth. We are all aware of a number of tragic cases which have come before the courts. Are there circumstances in which it would be advisable to provide that a mother should be entitled to know if someone was attempting to re-register? The Minister may well tell me that the mother is entitled to know as the law stands. However, there are some tragic cases in which it would be advisable to ensure that a mother is informed if a re-registration application is made by a father or a person alleging to be the father. Examples include circumstances in which there is violence in a relationship or other legal difficulties. Have the Minister and her officials considered this matter in the context of section 23?

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