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Dáil Éireann debate -
Wednesday, 3 Nov 1993

Vol. 435 No. 4

Ceisteanna — Questions. Oral Answers. - Stillbirths Register.

Micheál Martin

Question:

9 Mr. Martin asked the Minister for Equality and Law Reform if he will give a timetable for the establishment of a stillbirth register; and if he will make a statement on the matter.

Liz O'Donnell

Question:

19 Ms O'Donnell asked the Minister for Equality and Law Reform if, in view of the review of the legislation relating to the registration of births, deaths and marriages, he will confirm that provision is being made for the demand by parents of stillborn babies to be entitled to listing on the Register of Births and Deaths.

Avril Doyle

Question:

53 Mrs. Doyle asked the Minister for Equality and Law Reform the reason Ireland is the only EC member state without a stillbirth register; and if he will give his support to the amendment, as a matter of priority, of the Births and Deaths Registration Act, 1863.

Noel Ahern

Question:

54 Mr. N. Ahern asked the Minister for Equality and Law Reform if he will make a statement on the campaign by the Irish Stillbirth and Neonatal Death Society for the setting up of an Irish stillbirth register; and if he will introduce legislation or make an order to this effect.

Eamon Gilmore

Question:

55 Mr. Gilmore asked the Minister for Equality and Law Reform when he will introduce legislation to provide a national register for stillbirths in view of the letter from his Department in The Irish Times of 23 September 1993 promising to give the matter priority.

Noel Ahern

Question:

61 Mr. N. Ahern asked the Minister for Equality and Law Reform if he will make a statement on the campaign by the Irish Stillbirth and Neonatal Death Society for the establishment of an Irish stillbirth register; and if he will introduce an order or legislation to this effect.

I propose to take Questions Nos. 9, 19, 53, 54, 55, 56 and 61 together.

I accept that there is a strong case for a system of stillbirths registration which would provide bereaved parents with official recognition of their stillborn child.

My Department has assumed responsibility for a comprehensive review of the legislation governing births, marriages and deaths. It had been intended that the question of stillbirths registration would be addressed as part of that review. It is clear, however, that because of the complexity of the issues involved and the age of much of the relevant legislation, the comprehensive review will take some time to complete. I have, therefore, decided to give priority to the question of stillbirths registration and to deal with stillbirths registration separately from the wider review.

Later this month I intend to bring proposals to Government for a Stillbirth Registration Bill which would provide for the establishment of an official stillbirths register.

I wish to reassure the House that I am very conscious of the need for such a register and that I will be progressing the matter with a high degree of priority.

I thank the Minister for his comprehensive and satisfactory reply. The Minister recognises that there is a deep sense of anguish suffering, pain and profound sadness among the people involved and parents of still born children at the lack of official recognition. We are the only EC country that does not register stillbirths. Will the Minister ensure that the timetable outlined will be followed tenaciously as this is very urgent legislation for the people concerned?

The preparation of the draft heads for a Bill is virtually completed and I intend to bring them to Government later this month. The preparation of the heads for the Bill is a complex enough matter although it might appear to be a very simple matter. I assure the House that I will try to progress the matter before both Houses with the maximum degree of priority. I fully understand and sympathise with what Deputy Martin and other Deputies who have made representations have said and I understand the need to have this processed as quickly as possible.

I am delighted that the Minister will bring forward the legislation very soon. Does the Minister envisage a compulsory system of registration of stillbirths or a voluntary one? Has the Minister consulted with the masters of the major maternity hospitals who are in favour of a compulsory system? How has the Minister decided to define "stillborn"? Has the Minister decided to accept the definition put forward by the various support groups?

All necessary consultations have taken place. The two aspects the Deputy mentioned are but two of the matters that require careful examination and consideration. It would not be appropriate for me to divulge details yet because they have not yet been seen by or approved by the Government and they will not be approved until later this month when the heads of a Bill are submitted to the Government. The Bill will be published as soon as possible after it has been drafted.

In view of the large number of families who have experienced this grief and trauma and who have spearheaded this campaign, will there be retrospective provision in the Bill to register stillbirths on the basis of hospital records or will registration only begin when the Bill has been passed?

I understand and sympathise with the point being made and the question of retrospection will certainly be considered in the context of the Bill.

I congratulate the Minister on bringing this forward as the delay has been outrageous. The amount of time which voluntary groups had to put into lobbying, having gone through such a traumatic time, is extraordinary. Has the Minister taken up the recommendations from the ISANS group in particular?

We are having continuing consultation with the ISANS group and consultations with appropriate Departments and other groups have also taken place. I will take into account all the representations received and the eventual Bill will be submitted for consideration by the House. We can examine these points in detail on Committee Stage.

Could I be so bold as to depart from the cosy consensus developing around this matter, a consensus of mutual back slapping and mutual congratulations. In replying to Deputy Martin's question the Minister did not refer to a timetable. A timetable sets out a certain procedure to be employed. We are dealing with a promise of an express nature made by an official in the Minister's office in response to public dissatisfaction.

There should be no reference to officials.

I am referring to written Question No. 55, to which the Minister is supposedly replying, which refers to that letter. In view of the Minister's widespread consultations with ISANS will he give this House an undertaking that, to celebrate the tenth anniversary of the founding of this group in 1983, by 31 December 1993 the simple and straightforward legislation will be on the Statute Book?

When Deputy Flanagan sees the Bill he will be satisfied that it is not as simple and straightforward as he would like the House to believe. The only undertaking I can give the House is that I intend to bring the heads for the Bill to Government this month and after that to press the matter to a conclusion in both Houses with all possible speed.

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