Seanad debates
Tuesday, 24 February 2004
Civil Registration Bill 2003 [Dáil]: Report and Final Stages.
3:00 pm
Michael McCarthy (Labour)
I move amendment No. 2:
In page 15, line 38, after "State" to insert "or to which section 26 or 27 applies".
The register of births covers all children born in the State and there are two additional cases of children born outside the State, those children born to Irish citizens permanently living abroad where there is no system of registration or where if there is, a birth certificate may not be available; children born on Irish vessels coming to or from the State or born to members of the Garda Síochána or Defence Forces serving abroad.
The provisions for registration of foreign births are created by sections 26 and 27 of the Bill but in the Bill as published, neither of these provisions applies to stillbirths. Following an amendment by the Labour Party in the Lower House, the Minister introduced an amendment to permit the registration of foreign stillbirths in a similar manner to the registration of foreign births. In attempting to explain this earlier, I succeeded in confusing all and sundry. The position here is quite simple. Section 13(1)(a) refers to "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 register of births),". There is provision in sections 26 and 27 for the registration of stillbirths, however if this amendment is not agreed to, it makes a nonsense of the amendment taken in the Lower House because the words "in the State" have not been amended in section 13(1)(b). I feel very strongly that this is an amendment that will increase and improve the ability of the Bill to create good law.
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