Seanad debates

Tuesday, 24 February 2004

Civil Registration Bill 2003 [Dáil]: Report and Final Stages.

 

3:00 pm

Photo of Michael McCarthyMichael McCarthy (Labour)

I do not wish to be pedantic on this issue, but as a result of accepting an amendment in the Lower House on section 13(1)(a), section 13(1)(b) is rendered incorrect. It strictly confines, as the literal meaning interprets, a register of stillbirths occurring in the State. If the same logic that applies in section 13(1)(a) is applied to section 13(1)(b), then it is exactly as the Minister has said that by including the words of this amendment "or to which section 26 and 27 apply". It concerns the literal interpretation of that section. The Minister accepted a Labour Party amendment on Committee Stage in the Dáil. The change this amendment proposes renders section 13(1)(b) incorrect. There are two similar events. One finishes "in the State" and the other "of to which sections 26 and 27 applies". It is a literal interpretation. The Bill will return to the Lower House and the Minister should look at accepting this technical amendment. Otherwise, it will lead to bad law because section 13(1)(b) is inherently contradictory as it currently stands.

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