Seanad debates
Wednesday, 24 September 2014
Civil Registration (Amendment) Bill 2014: Report and Final Stages
1:25 pm
Jim Walsh (Fianna Fail) | Oireachtas source
I thank the Minister of State for his reply. I am disappointed that the amendment is not being accepted. I appreciate the dilemma raised by him, which we briefly touched on yesterday. In the short time we have had it has been difficult for him to obtain legal advice and examine any unintended consequences that may occur and that we cannot identify at this stage. The case for doing this is compelling. As the Minister of State correctly pointed out, the registration of stillbirths was introduced to recognise the distress and trauma of parents and to provide some comfort to them by registering the birth of stillborn babies.
A criterion of a weight of 500 grams was included to define such a baby. Molly Enright weighed approximately 2,200 grams. A gestational period of 24 weeks was also provided for, and Molly Enright had a gestational period of 29 weeks. She therefore meets both criteria. Her mother, Mary, was unfortunately killed in a tragic traffic accident which involved a suicide, and the baby was lost. There are other circumstances in which this can occur, but this circumstance occurs from time to time. The same response from the point of view of comfort for the parents of stillborn babies applies in this circumstance. She left behind a father and a grandfather who, in particular, have taken up the cudgels on this and who have been in touch with many politicians, including the Tánaiste and Minister for Social Protection. The case was taken up with the Minister for Justice and Equality at the coroners' conference last weekend. Most politicians - the Minister of State has epitomised this well - are sympathetic to this compelling argument.
The Minister of State is dealing with the first Bill he has introduced in either House, and I understand he must be cautious in this regard. I am also conscious that the leader of Sinn Féin in the House stated that he would not support the amendments. I am caught in a dilemma as to whether I should press them. There is a practical issue in that if I do not have Sinn Féin support, there is not much hope of getting them through anyway. In withdrawing them, I am depending on the Minister of State's bona fides, and when the legislation is taken in the Dáil, I ask him to table a Government amendment, which will be automatically passed. The fact that he has offered the opportunity to me and perhaps members of the family to meet and discuss the issue with him before we get to that stage gives me hope. Knowing him as I do, I am confident that we will have a positive outcome. I hope we will.
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