Catherine Noone (Fine Gael)
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I thank the Minister of State for taking this matter on behalf of the Minister for Social Protection, Deputy Leo Varadkar, who is unavoidably unavailable. This issue was brought to my attention by councillor Ted Leddy in Dublin west, who has been working on it for some time and has asked me to look into it further with the Minister, although I have a feeling we will not get it resolved today.

I welcome Mrs. Bernadette Goodwin to the Gallery. She tragically lost her five year old son, Keith Charles Goodwin, in a drowning accident in the north of Spain on 25 July 1972. She has received what is supposed to be a death certificate for Keith from the Spanish authorities but she is not entirely happy with what she has received. Keith was brought home to be buried in Malahide cemetery. Mrs. Goodwin has spent decades trying to get Keith's death registered in the Dublin register and to get a certificate of his death as an Irish citizen. For insurance, legal and perhaps industrial reasons a death cannot be registered twice in the EU, or in two countries. I have not really got to the bottom of the issue and I was hoping that the Minister would be able to enlighten me.

There are additional details and nuances to Mrs. Goodwin's case which I would like to explore at a different date but, in the interim, we owe it to people like Mrs. Goodwin to expedite the provision in the Civil Registration (Amendment) Act 2014 which provides for a record of deaths abroad to be maintained by the General Register Office. As it stands, this section of the legislation has not commenced and I understand there may be administrative or staffing reasons for this situation. It is three years since the legislation was brought in and this situation is unsatisfactory. I accept that the record will not be a legal document but it will provide some comfort to Irish families such as Mrs. Goodwin's, who have tragically lost a loved one abroad. I call for this provision to be expedited.

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I thank Senator Noone for the opportunity to address this very important matter today. I welcome Mrs. Goodwin and councillor Leddy to the House today and apologise on behalf of the Minister for Social Protection, Deputy Leo Varadkar, who has to be abroad with the President.

The Civil Registration Act 2004 provides for a register of deaths which occur in Ireland. Any death which occurs in the State must be registered, irrespective of the nationality or country of permanent residence of the deceased. Where a death occurs in the State, it is the duty of a qualified informant, normally a relative of the deceased, to attend at a registrar's office and register the death on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner's certificate. These processes ensure the integrity, reliability and credibility of our registers, which is of the utmost importance.

When an Irish resident dies abroad, the death is registered in the country where the death occurs. A death certificate, issued by the civil authorities of that country and translated, if necessary, is normally sufficient for all legal and administrative purposes. There is no legal requirement to register such deaths here. Not having the death of a loved one registered in Ireland is a very emotive issue for some of the parents and relatives involved, and it was considered that provisions for the establishment of a record of foreign deaths would provide them with some comfort.

Section 13 of the Civil Registration (Amendment) Act 2014 provides for a record of deaths abroad to record the deaths of Irish citizens who die abroad while on holiday, on temporary work contracts or during short-term absences from the State. The use of a record, rather than a register, to record the deaths is based on the fact that the certificates which will be issued from the record will have no legal standing and will not be used to replace the death certificate received from the country of death. This is necessary to provide a clear distinction from certificates which are issued from the register of deaths in Ireland, which have a legal standing. It would not be possible for the Oireachtas to impose statutory obligations on foreign doctors or coroners to certify a death.The entry will record as many facts as are available on the death certificate received from the authorities in the place of death, other than the cause of death. The registration of such deaths on the register shall be voluntary and non-mandatory. The provision does not place a time limit on when the death occurred so that no person is inadvertently excluded from applying to record a death of a deceased loved one. The creation of a separate record ensures that the current death register would not be compromised by the inclusion of deaths that take place outside the State. It also ensures that statistics used by Central Statistics Office, CSO, for medical planning will not be compromised by the addition of foreign deaths to the main register of deaths. While the Department has responsibility for the commencement of this provision, the operation of the provision comes under the remit of the civil registration service in the HSE. Industrial relations issues within the civil registration service are currently being addressed and the provision will be commenced when they have concluded.

Catherine Noone (Fine Gael)
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It is clear that what I am asking for is straightforward, intended by law, in place and has not been activated. I am frustrated that it has not been put in place because of industrial relations issues. I have no idea what that means or what all that is about. I appreciate that the Minister of State is obliging me and the Minister, Deputy Varadkar, by coming here to give me this response, which is for the most part what I know. The last paragraph is frustrating for me and means that I have to go and further investigate this matter. I will not leave it at this. This is the first that I have heard of whatever issues there are. I would really like to know what is going on and what other legal and service issues have not been put in place because of such disputes which, as I said, are news to me. I appreciate that the Minister of State most likely cannot go into detail because there are industrial relations issues and is most likely unaware of what the details are. I will be taking up the matter with the Minister, Deputy Varadkar, as soon as I see him.

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I understand the Senator's frustration, the request and the importance of this issue. The Senator is right to raise it. Unfortunately, I did have the opportunity to speak with the Minister, Deputy Varadkar, before taking this matter this morning. I will speak with him as soon as I can about the Senator's frustrations and the issues that she raised, to see if he can give her any further information on his return.