Written answers

Tuesday, 19 January 2010

Department of Social and Family Affairs

Registration of Births

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 777: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Roscommon can not be issued with a birth certificate in Irish; if she will undertake to rectify this situation in forthcoming legislation or, if possible, by ministerial order. [1851/10]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The provisions governing the registration of births in Ireland and the issuing of certified copies of entries in the register of births (commonly known as birth certificates) are contained in the Civil Registration Act, 2004.

Parents or other qualified informants may register a birth using either of the official languages of the State, and this has been the case for many years.

Section 61 of the Act provides that a true copy of an entry in the register of births must be provided to any person, upon payment of a prescribed fee. Accordingly, true copies of entries that were registered in the English language must be issued in English and entries registered as Gaeilge must be provided in Irish. To issue a certificate containing details other than those registered would be contrary to section 61 of the Act.

An entry in the register of births is a historical record of the facts as pertaining at the time of birth and cannot be updated to reflect changed circumstances.

The fact that a person's birth is registered in one or other of the official languages of the State does not impact upon a person's right to be known by either the Irish or English version of their name. A person acquires their name by use and repute under the common law, and there is no requirement in law that a person must be known by the name contained in their birth entry.

If a person who uses a name other than that which is entered in the register of births wishes to have an official record of this, it is open to the person concerned to obtain a change of name by Deed Poll.

With regard to the question of rectifying the situation in legislation, it is important to be aware of the fact that, while a birth certificate is not proof of identity, it is often accepted as such and, in any event, is an important document used to establish identity. It is difficult, therefore, to see how multiple versions of a birth certificate in respect of the same person could be issued without increasing opportunities for identity fraud and undermining the systems of civil registration, driving licences and passport issue.

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