Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context

Question 300: To ask the Minister for Social Protection if she will investigate the illegal birth registrations which allegedly took place in 42 mother and baby homes which were closed in 1972. [15052/11]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context

Any suspected illegality in relation to the registration of births should be reported to An Garda Síochána, as there is a number of offences provided for under Section 69 of the Civil Registration Act 2004. In particular, I would draw the Deputy's attention to section 69(3) which provides that a person who gives to a registrar particulars or information which he or she knows to be false or misleading is guilty of an offence. A person guilty of an offence under subsection (3) of section 69 shall be liable (a) on summary conviction, to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both, or (b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.

The position in relation to an investigation is that the Registrar General has powers of enquiry under section 65 of the Civil Registration Act 2004. Section 65 provides that the Registrar General may conduct enquiries to ascertain if a birth has occurred and if it has, whether it is registered and if it is registered, whether it is registered correctly. If the Deputy has information in relation to a specific birth, the matter should be referred to the Registrar General for consideration under these provisions. I would point out that, while the Registrar General has powers to investigate specific events which come to his attention, he does not have a general power of investigation under the Civil Registration Act 2004.