Written answers

Thursday, 22 November 2018

Department of Justice and Equality

Commencement of Legislation

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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94. To ask the Tánaiste and Minister for Justice and Equality when Part 9 of the Children and Family Relationships Act 2015 will be commenced. [48665/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Part 9 of the Children and Family Relationships Act 2015 provides for a number of amendments to the Civil Registration Act 2004, all of which have yet to be commenced.

Sections 92, 93, 95 and 99 of the 2015 Act provide for the registration and re-registration of the birth of a donor-conceived child. These sections cannot be commenced until Parts 2 and 3 of the 2015 Act are brought into operation by the Minister for Health. The Children and Family Relationships (Amendment) Bill 2018 was enacted on 24 July 2018. This Act was introduced to correct typographical and technical errors in the Children and Family Relationships Act 2015, which will facilitate the subsequent commencement of Parts 2 and 3 of the 2015 Act. It is the Minister for Health's intention that Parts 2 and 3 of the 2015 Act will be commenced as soon as possible.

Officials from my Department, the Department of Employment Affairs and Social Protection, and the Department of Health are working to coordinate the scheduling of the commencement of sections 92, 93, 95 and 99 of the 2015 Act once Parts 2 and 3 of the Act have been commenced and the appropriate regulatory and operational mechanisms are in place to allow for birth registration of donor-conceived children.

The commencement of the other sections of Part 9 of the 2015 Act (unrelated to birth registration of donor-conceived children) is dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced by the Minister for Employment Affairs and Social Protection. These sections may be commenced separately and do not affect the bringing into force of the provisions on birth registration of donor-conceived children.

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