Sharon Keogan (Independent)
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I welcome the Minister and congratulate him on his ministerial role. I wish him well for many years ahead. I thank him for joining me this morning for this Commencement matter regarding the continued non-commencement of section 6 of the Civil Registration (Amendment) Act 2014. We were previously told that the legislation had not been commenced due to the needed correction of a technical error in the legislation. Following the correction of this error in 2024, however, we were told that further engagement was still needed with HSE on the operational readiness necessary prior to the commencement. The then Minister, Heather Humphreys, was pleased to inform us that the officials in the General Register Office, were engaging with the superintendent registrars in the HSE in this regard. This is what we heard from the Government in November 2024. Will the Minister give us an update on the progress made in the four months since then and on this engagement with the HSE superintendent registrars? In addition, can we receive a timeline from the Government on the plan to commence this legislation? If this engagement has raised additional steps that still need to be fulfilled before commencement, will the Minister list and outline these steps along with the order in which they need to be fulfilled?

This legislation has been delayed for a decade. I feel obligated to remind the Government that this delay has had and continues to have a real human cost. For ten years this delay has prevented unmarried fathers from having their names recorded on birth certificates, affecting their legal rights and their children's ability to trace their lineage. More than ten years ago, this House agreed that this change in the legislation was the right and necessary thing to do for unmarried parents. The extent of the delay of its commencement is frankly baffling.

I underscore to the Government that this issue extends beyond a minor exceptional demographic within our society. Over the past decade the proportion of children born to unmarried parents has increased significantly, from 37.2% in 2014 to 43.2% in 2022. It is imperative that this legislation be initiated with the utmost urgency. I extend my support for all governmental efforts aimed at expediting this process.

Dara Calleary (Mayo, Fianna Fail)
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I thank the Senator for her good wishes and also for bringing this issue to my attention. I know that she raised it previously with the former Minister, Heather Humphreys. For the benefit of other Senators, the background to this is that the Civil Registration (Amendment) Act 2014 principally amends and extends the Civil Registration Act 2004. The Act was signed into law on 4 December 2014. The Act contains 36 sections that are, in the main, all subject to commencement orders. Seanadóirí will be aware that the sections referring to the law relating to marriages contained under Part 6 of the Civil Registration Act 2004 were commenced in 2015 and these sections primarily referred to marriages of convenience cases. Other sections were commenced in 2016 and 2020.

Section 6 of the Civil Registration (Amendment) Act 2014 referred to by Senator Keogan introduces new provisions relating to the registration of the father where the parents are not married to one another. This section sets out that the mother, if she attends alone, is required to name the father of the child, with exceptions applying. Registration of the father would then be dependent on the man acknowledging paternity of the child. Commencement of these provisions was subject to preparatory work and training of the registrars by the HSE and the General Register Office. That training was delivered in early 2020. However, prior to commencement of the provisions in 2020 a technical error was discovered in the relevant amending legislation. This technical error was corrected in the recently enacted Civil Registration (Electronic Registration) Act 2024. This Act was signed by the Uachtarán in July 2024. This will now facilitate the commencement of section 6, to which the Senator referred.

The Senator will appreciate that, given the passage of time since training relating to this provision was originally delivered, as well as the outbreak of the pandemic and the turnover in HSE registration staff, further engagement with the HSE was required to ensure operational readiness prior to commencing the legislation. However, associated with an industrial relations issue within the HSE, staff in the registration service were not co-operating with the roll-out of the training required for the implementation of section 6. It is the understanding of the Department that the issues surrounding the implementation of section 6 are resolved. My officials in the GRO are engaging with the HSE and superintendent registrars to seek to arrange for the delivery of the required training at the earliest opportunity. Commencement of section 6 will happen as soon as this training is completed. I anticipate that will take place before the end of quarter 2 of this year. I will continue to keep Senator Keogan updated and to engage with her on this issue. I thank her for drawing my attention to it.

Sharon Keogan (Independent)
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I thank the Minister. Many fathers in this country have been waiting for this legislation for a very long time. I know there is now an issue in respect of training. This is my fourth or fifth time to bring a Commencement matter on this issue before various Ministers in recent years. I will be keeping an eye on this. If the Minister can give me some feedback on when the training will commence and when fathers will be able to get their names on the birth certificates, that would be most helpful to me and to a great many fathers around this country.

Dara Calleary (Mayo, Fianna Fail)
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I will continue to keep the Senator updated on the issue. However, I reassure her that the number of birth registrations that do not contain a father's name is still very low. It is our view as a Government that, where possible, all children should have the right to know the details of both their parents.In that context, I remind the Senator that a new section will allow for circumstances whereby the mother can provide a statutory declaration to the registrar if she is unable to provide the name of the father. This provides a welcome safeguard to the mother and provides a mechanism whereby the registrar, or a superintendent registrar, has oversight of the implementation of this provision.

The commencement of section 6 will also complete the commencement of all the sections of the Civil Registration (Amendment) Act 2014 as regards the registration and reregistration of births. Together with the Civil Registration (Electronic Registration) Act 2024, its commencement and operationalisation will provide for a modern and efficient civil registration service. I give a guarantee that I will keep an eye on this and I know that the Senator will be watching it as well.

Sharon Keogan (Independent)
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I thank the Minister.

Mark Daly (Fianna Fail)
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I thank the Minister for his attendance.