Seanad debates

Wednesday, 18 February 2004

Civil Registration Bill 2003: Committee Stage.

 

5:00 pm

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)

Subsection (6) of section 49 makes provision for the Minister for Health and Children to make regulation for the correction or errors in the register of marriages. It gives the Minister discretion on whether he wants to regulate on the matter. In the interests of better regulation, the need to regulate it is carefully analysed to prevent creating unnecessary legislation. It is in keeping with the practice to allow for discretion on the matter. In the circumstances it would not be appropriate for the Minister to be obliged to make a regulation. It gives the Minister the facility to make regulation if needs be, but he is not obliged to do so. If the word "shall" is introduced he would have to make a regulation, when there may be no necessity for it. It is only an enabling provision for the Minister for Health and Children in the advent of the need for a regulation. Does that explain the matter?

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