Written answers

Wednesday, 5 February 2014

Department of Social Protection

Civil Registration Legislation

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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92. To ask the Minister for Social Protection her plans to introduce legislation to allow the civil registration for granddaughters or grandsons when death occurs as a result of an accident to a mother (details supplied). [5813/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The loss of a child in any circumstances is an extremely tragic event for a family and I would like to extend my deepest sympathies to those families who have lost children. The procedures governing the registration of deaths are provided for under Part 5 of the Civil Registration Act, 2004. When a death occurs it is registered 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 are the only circumstances under which a death can be registered.

Section 28 of the Civil Registration Act, 2004 provides for the registration of stillbirths. A still born child is defined under the Act as “a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life and ‘‘stillbirth’’ shall be construed accordingly”. Section 28 (7) of the Act provides that, if a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the functional area of the authority in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chlaraitheoir may direct.

While understanding that the loss this family suffered is a tragic one it would not be workable to establish and maintain a separate register of deaths in such cases. It is not intended, therefore, to amend the Civil Registration Act, 2004 to allow for the registration of deaths without a medical certificate or a coroner’s certificate stating the cause of death.

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