Mary Coughlan (Donegal South West, Fianna Fail)

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 is a private contract between the parents with regard to guardianship, custody or access arrangements relating to their child. Such a declaration may be made before a peace commissioner, a commissioner for oaths or a notary public. The 1964 Act made no provision for the registration of such declarations and the schedule to the statutory declaration contains a warning that the declaration is an important document and should be kept in a safe place. As indicated on Committee Stage, I expect that parents would lodge such important documents with their solicitors.

A father may also be appointed as guardian of a child by order of the court. These orders form part of the court records. Other statutory declarations or important private contracts relating to families, such as separation agreements, are not registered by an tArd Chláraitheoir, nor would it be appropriate for him or her to maintain such a register.

Following the debate on Committee Stage, I made further inquiries as to the arrangements that apply in other administrations. I confirm that in England, Wales, Scotland and Northern Ireland, the recording of similar agreements is not a matter for the Registrar General of Births, Deaths and Marriages. The registration of these agreements fall to be maintained by the courts in England, Wales and Northern Ireland. In Scotland such agreements may be registered in the Book of Council in Session maintained by the Keeper of the Registers of Scotland, which has responsibility for judicial registers.

I have brought the issues raised during the debates in both Houses to the attention of my colleague, the Minister for Justice, Equality and Law Reform. I understand that the provision of a register of guardianship will be considered in the context of the forthcoming family law Bill. I am not, therefore, in a position to accept amendments Nos. 1 and 14. Amendment No. 13 deletes the text inserted by amendment No. 28 on Committee Stage.