Seanad Éireann debate -
Thursday, 5 Dec 1996

Vol. 149 No. 12

Registration of Births Bill, 1996: Second Stage.

Question proposed: "That the Bill be now read a Second Time."

Minister for Equality and Law Reform (Mr. Taylor)

The purpose of this Bill is to amend the form of the birth certificate. The existing format for the birth certificate is over 150 years old. It is set out in an annex to the Registration of Births and Deaths (Ireland) Act, 1863. It records the father's occupation but ignores that of the mother, it records the father's address but not that of the mother and it asks for the mother's "maiden name". The child's surname is not shown, giving rise to a widespread assumption that the child automatically takes its father's surname.

This format reflects the social attitudes of the era in which it was drawn up. It is designed for a society in which virtually all births took place within marriage; women did not normally work outside the home; parents did not have separate addresses; women had a "maiden name" and a "married name" and children were assumed to take the name of their father.

This format is an anachronism in the late 20th century. It is ill suited to the diversity of modern society and to the enhanced status of women within that society. For example, many mothers work outside the home nowadays. One fifth of all births take place outside marriage and it is not uncommon for the father and mother to have different addresses. Many women choose to change their name on marriage, as do some men, but this cannot be taken for granted. Women and men may change their name by other means, for example, by deed-poll. It can no longer be assumed that a child will be given its father's name. In some cases, the child will be given its mother's surname. In others, the child will be given the surname of both parents.

The birth certificate which we have inherited from the mid-19th century is clearly discriminatory and out of step with modern society. It has been the subject of mounting criticism in recent years. The Second Commission on the Status of Women highlighted this issue and recommended that amending legislation be brought forward. Many people have written or spoken to me about their outrage and frustration at having their child's birth recorded in this way. I can appreciate how some parents find this format offensive and are insulted by the requirement to comply with such antiquated legislation.

Shortly after its establishment my Department assumed responsibility for a comprehensive review of the legislation governing the registration of births, deaths and marriages. This review involves examination of a large volume of legislation, much of which dates from the mid-19th century, and the analysis of complex issues. It was clear from the outset that this review would take some considerable time to complete. It was equally clear that there was a pressing need for a stillbirths register to bring Ireland into line with other EU countries and to provide an appropriate focus for the real grief of those affected. I decided, therefore, to bring forward legislation to provide for a register of stillbirths as a matter of priority. The Stillbirths Registration Bill was, as Senators will be aware, enacted in early 1994 with all-party support.

Work on the general review of the registration legislation is ongoing but it will be some time before it is completed. As I have indicated, the form of the birth certificate is generally acknowledged to be outmoded and discriminatory and has been the subject of increasing criticism in recent years. The measures needed to amend its format are relatively brief and simple. Therefore, I decided that this change should not await finalisation of the general review but should be the subject of a separate Bill. I am committed to progressing the general review, which is likely to result in extensive changes to the registration legislation.

Section 1 and the Schedule are the key elements of the Bill. I will deal with these together as they are closely related. Section 1 provides that a new format of register entry, as detailed in the Schedule, is to apply to births registered or re-registered after the commencement date. While the Bill makes no reference to the birth certificate per se, it must automatically reflect the details of the register entry.

The new format set out in the Schedule is gender neutral. It is similar to the form of the stillbirth certificate. The new certificate will show the mother's occupation as well as that of the father. It will show the mother's address as well as that of the father. There will no longer be a reference to a "maiden name". Instead, any former names of both mother and father will be recorded. These will include any changes of name on marriage, by deed-poll or by any other means.

Unlike the existing birth certificate, the new certificate will show the child's surname. The absence of a surname on the existing birth certificate leads many people to believe that a child automatically takes the father's surname. This is not in fact the case as surnames are acquired by reputation and usage and there is no legal requirement or presumption that a child must take its father's name. However, in order to nail that myth and in keeping with the recommendation of the Second Commission on the Status of Women it has been decided to include the child's surname in the new format.

The surname registered for the child can be that of either mother or father or both, as provided in section 1(3). A different surname can be registered if either parent requests this and if the Registrar General considers that the circumstances so warrant. This facility is intended to cover unusual circumstances where the restriction of the choice of surname would create difficulties. It is not envisaged that this would arise frequently.

The new format will, as I have said, apply to registrations and re-registrations which are effected after the commencement date. There are two types of re-registration. Under the Legitimacy Act, 1931, the parents of a child legitimated by the parents' marriage are required to have the child's birth re-registered. The second type of re-registration was introduced by the Status of Children Act, 1987. If the parents of a child are not married to each other and the child's father is not shown in the original register entry this type of re-registration can be used to show the father's identity.

The Bill provides that, in the case of a re-registration of a birth which has already been registered in the new format, the surname of the child on re-registration remains unchanged. The requirement to re-register under the Legitimacy Act, 1931, is waived if, as a consequence of the change in format, the new entry would duplicate the previous entry relating to that child.

Section 2 is a straightforward provision which allows the Registrar General to prescribe various forms for use for the purposes of this Act. Section 3 is a technical provision which is necessary to effect a change in the format of the birth certificate. It allows the Registrar General to determine how and when register books are to be surrendered by registrars and new ones supplied. Existing legislation is extremely prescriptive about such matters and does not permit the surrender of incomplete register books. The introduction of a new format of entry in the births register necessarily entails the opening of new register books. Without the flexibility provided for in this section, it would not be possible to alter the format of the birth certificate.

Section 4 repeals the existing form of the entry in the births register — form A in the annex to the Registration of Births and Deaths (Ireland) Act, 1863. Sections 5 and 6 contain miscellaneous amendments and repeals of forms consequential on the change of format of the birth certificate. Section 7 contains standard provisions dealing with the short title, citation, construction and commencement.

I do not intend to make exaggerated claims about this Bill. It is a short Bill the main thrust of which is to replace one set of particulars with another. The Bill is important because it has the potential to affect every future mother or father of a child. The form in which the particulars of a birth are recorded at present could be described, at best, as quaint and, at worst, as offensive to women. By changing this format, we do much more than substitute one piece of paper for another. We put in place a certificate which is appropriate to our society and to the status of women. The Bill thereby gives effect to one of the recommendations of the Second Commission on the Status of Women.

This measure has been sought for a considerable time and I am pleased to introduce it. Senators of all political persuasions will recognise the need for this change and will contribute constructively to the debate on the matter. I commend this Bill to the House.

Mrs. McGennis

I thank the Minister for initiating another Bill in the Seanad. I welcome the Bill in so far as it addresses the inconsistencies in the format of the present birth certificate. The removal of gender inequalities from birth certificates is more than a cosmetic exercise. The assumptions made in the present format on the surname of the person whose birth is being registered and the relationship and employment status of the parents are extremely prejudicial. They not only give rise to a stereotyping of both parental roles but they could also cause legal problems for the person involved. With the welcome and successful passage of the Family Law (Divorce) Bill, 1996, this legislation is all the more timely and necessary.

Many people take the details of their birth for granted but I know how important they can be. I am regularly in contact with people who are suffering because there is inadequate information in their birth records or because they are being refused access to that information. The proposed new certificate will address these issues in terms the lay person can understand, but without being overly politically correct. As the Minister said, the Bill gives effect to one of the recommendations of the Second Commission on the Status of Women. I hope it heralds similar action to give effect to the many other measures recommended in that report.

This legislation will be of significant benefit to future generations who will have access to a properly documented and concise summary of the circumstances of their birth. Despite its simplicity, this basic information is of inestimable value. Great care must be taken in its collection, collation and dissemination. This is an area where the much vaunted openness and transparency is long overdue. The General Register Office is badly under-resourced. There are long queues and no privacy when sensitive matters are under discussion. Perhaps the Minister might outline his future plans for that office.

This legislation is necessary. However, the Minister could take this opportunity to also address other issues relating to the registration of births. I am always fascinated that much of the legislation we discuss under the umbrella of equality and law reform has many inequalities. In this case, we are trying to remove gender inequalities from birth certificates, yet one category of people, of which I am a member, is discriminated against to the extent that it is not allowed access to its birth records. This is an ideal opportunity to address this discrimination and remove a glaring inequality.

I tabled what I thought was an appropriate amendment but I have been informed it will be ruled out of order. Perhaps the Minister could advise me in this regard. I am willing to be flexible provided we can achieve the desired result. We debated this matter in the House before and the majority of Members expressed their support for change. Today we will have an opportunity to turn those words into deeds.

I have been informed that my amendment is out of order because it seeks to give anyone whose birth has been registered an opportunity to secure a copy of their birth certificate. I have been told this information is available to anybody who has details of their birth. If that is the case, the information I have been given is wrong. My understanding is that if a person goes to Joyce House in Dublin with the details of their birth, they will get the information required. However, if they are truthful and state they are adopted, they will not be given access to their birth records. My understanding is that those who are adopted will be referred to the adopted persons register, as happened in my case and in numerous cases brought to my attention. It is not possible for somebody to admit they are adopted and then to look for information on their birth, which is anybody's right. If that is the case, my amendment should be accepted because it is not an adopted person's right to get that type of information.

I have also been informed that my amendment is more appropriate to adoption legislation. This seems to copperfasten my view that adopted people are not entitled to their birth certificates. I do not have much faith in the Minister who is currently bringing the Adoption (No. 2) Bill through the Houses. On numerous occasions I requested that similar amendments should be accepted in adoption legislation, but that did not happen. I ask the Minister for his assistance in this matter.

Wheras I welcome the changes outlined in the Schedule, one item omitted from the new birth certificate is column 11 which states: "baptismal name, if added after registration of birth, and date". Perhaps the Minister could explain why that is the case. I hope we have not become so politically correct that it is now unacceptable to refer to a church ceremony on a birth certificate. I will accept its omission only if it is no longer required.

Some of the provisions in this legislation, which are long overdue, were recommended by the Second Commission on the Status of Women. What is the position if a mother wants to name the father of a child born outside marriage? Is it necessary to provide proof of parentage? Because this is an important document for the people concerned, how do we ensure that the information given is correct? We may introduce legislation in the future so that absent fathers provide for their children, therefore, we need to ensure the father named on the birth certificate is the birth father of the child.

I welcome the legislation and thank the Minister for initiating it in this House. I ask him to consider the only issue not addressed in this legislation.

Mr. Enright

I thank the Minister for introducing this important legislation which gives mothers and fathers equal rights when registering the births of their children. This right has been sought by the Council for the Status of Women and in bringing this legislation before the House the Minister is anxious to progress matters to ensure equality for both parents.

The Minister referred to the Births and Deaths Registration Acts, 1863 and 1880 as being quaint, which they are. However, in fairness to those who drafted them, they have stood the test of time well. I have had occasion to trace such records and the level of information they contain has been of tremendous assistance over the years to people researching their ancestry. People who travel from America, Australia, New Zealand, Britain and other countries to research birth, marriage and death certificates find they are of great assistance.

I pay tribute to the staff of our public records offices around the country, including the Customs House, local authorities and health boards, who deal with the registration of births, marriages and deaths. Ireland has an accurate system for tracing such important aspects of people's lives. In my area of County Offaly the registration staff have, in some cases, been able to trace births and deaths back 50 years before official records began. It is a great asset for any country to have such accurate information.

The Bill ensures that both parents' names will now be recorded on birth certificates. In the past, many mothers were upset about this aspect and felt their names should be on birth certificates. Most parents will be happy that the new birth certificate will show the full names of both fathers and mothers. It will also show the occupations of both parents which is a welcome move. Where re-registration takes place the surname of the child remains unchanged.

I wish to pursue the question that Senator McGennis raised with the Minister as I wish to be accurate in quoting him regarding proof of paternity. When the Minister replies I hope he will be able to provide details on this point. It is essential to have accurate information along those lines. I can foresee difficulties if inaccurate names are registered, so how can one make certain that the information supplied is accurate? I presume there is no method for dealing with a case where the father is unknown or where the mother is not forthcoming in registering a father's name. Does the Minister have any views on that and how does he believe this can be dealt with?

I know of one or two cases where the father claims paternity of the child but because the relationship has deteriorated the mother may not agree to have the father's name recorded. I have been in touch with different Departments concerning such cases and I received much help and co-operation. However, it causes great difficulty when a father wishes to have his name recorded on the birth certificate but the mother does not agree. This can cause difficulty in hospitals, where 98 per cent of births now occur, if antagonism develops. While I cannot give the Minister any guidance on this point, a temporary birth certificate could be provided while further inquiries are made about the child's parentage. This would be an alternative to issuing a full and final birth certificate immediately. I would like to hear the Minister's views on the matter.

I welcome the Bill.

Dr. Henry

I congratulate the Minister on introducing not only this Bill but several others which have been of great importance, including the Still Births Bill. I also congratulate the Minister's officials on the energy they have put into such legislation. They may be small Bills which do not appear to be of great importance in the life of the State but they can be so to many people. One of the most important things we have to do in the House is to see whether we can make small improvements for people, and if we can we should do so.

I would never denigrate a father's contribution to the procreation of a child but when one thinks of the nine months of pregnancy, plus an average eight hours duration for a first delivery and two hours for second and subsequent deliveries, it is nice to see mothers getting a little more mention on the birth certificate.

Mrs. McGennis

That is a good point.

Dr. Henry

Mothers were always rather short changed on the old birth certificates. Changes in the registration of the child's surname are important because a number of families, even before this provision, have tried to keep the mother's surname within the child's name for emotional or other reasons. It is good that it is now stated clearly on the registration form that this is perfectly acceptable and possible.

It is wise that the Minister has decided to include the mother's occupation on the birth certificate. This is not just because we all like to have whatever career we follow in life noted down as being of equal importance to that of our spouse or the father of the child, but it is also important from a socio-economic viewpoint. So many assessments of health care, with which I am concerned, are made on this basis. It can be relevant to know the socio-economic position of the mother as well as the father because, as we have seen in so many sad surveys, those in lower socio-economic groups have less chance of achieving a long and healthy life. This provision will be important in examining many areas within the life of the nation.

I congratulate Senator McGennis once again on her advocacy of a better deal for adopted persons and I know she will do anything she can to facilitate such people in acquiring information on their parentage. While the setting up of a confidential register of adoptions does not come within the Minister's responsiblities, I hope he will encourage its establishment. Nowadays, many people are trying to find out about their backgrounds and parentage. I hope the Minister will use his influence to deal with Senator McGennis's concerns which are widespread. I congratulate him on the energy displayed by his Department in bringing forward this legislation.

Ms O'Sullivan

I welcome the Bill as it forms part of a series of measures to bring legislation of this kind into the latter half of the 20th century. The preceding Act came into operation in 1863. The Bill was recommended by the Commission on the Status of Women.

The Minister used the term "quaint" as the best description of the old format of certificates. However, I would not use as polite a word as "quaint". When I first realised the title of my occupation was not required on my children's birth certificates and their father's address was the only one to be recorded, I did not believe it quaint; I was extremely insulted. Many women feel that way when they obtain their children's birth certificates. When women give birth they are not concerned with points of law; they are more interested in mundane and practical physical matters. When one reads the child's birth certificate at a later date, however, it is shocking to realise that the mother is not treated with equality. I fully endorse the Minister's decision to update the legislation but I am surprised previous Governments did not do so.

I welcome the Minister's statement that he will consider the overall legislation in respect of the registration of births, deaths and marriages and that his Department will carry out a comprehensive review in that regard. I recently looked at my marriage certificate on which I am described as a "spinster". Women are not particularly happy with the use of such language in this day and age and I hope it will be reconsidered. My husband is described on the certificate as a "bachelor" which does not seem to have the same connotation as the term "spinster".

Mrs. McGennis

There is somewhat of an imbalance.

Ms O'Sullivan

I hope the Minister will examine the use of language when considering the overall legislation. The detail of the Bill makes sense and, as the Minister stated, it is gender neutral. In light of the situations in which people now live, it is practical that a father's address is not assumed to be that of a mother. This should be reflected on the register.

I congratulate Senator McGennis on the points she continues to raise in respect of adopted children. There is a strong case to be made for the establishment of a confidential register. I do not know if this is the Minister's direct responsibility but I know he also feels strongly about it. I have met adopted persons who encountered specific problems with regard to the issues raised by Senator McGennis. In instances where medical problems occur, there is a strong case for people being aware of their genetic history. It is often for this reason that people seek further information. On many occasions people are asked to produce their birth certificates and, if possible, arrangements should be made for the provision of additional information. I support what Senator McGennis is attempting to achieve in that regard.

The Bill is an important milestone, although it may not be as significant as other legislation introduced by the Minister. It is important that women and children are given equality and, for that reason too, I welcome the introduction of the Bill.

Mr. Daly

I welcome the Bill and I compliment the Minister on its introduction. It is a technical measure. One of the problems I have is that the Minister is introducing separate legislation to deal with particular issues. While that is a welcome development, I believe the review will identify the need for major changes which will require the introduction of new legislation. It might have been better had the Minister waited for the findings of the review and introduced compact rather than piecemeal legislation. In so far as it goes, however, I support the Bill.

With regard to the Registrar General, on the questions which may arise in respect of decisions he might make, will a mechanism be put in place to appeal such decisions and the way in which the office will operate? The office operates well throughout the regions, however, I have always been interested to know the identity of the Registrar General, the nature of his powers and functions and whether people can appeal his decisions. Does the Bill make provision in this regard? As the Bill is a technical measure it is hard to identify where changes are being made without access to the basic legislation.

Will the Minister clarify the position relating to section 6, which proposes the amendment of the Defence and Garda Síochána Acts? There must be a technical reason for this and perhaps the Minister will provide an explanation in that regard. I am surprised changes to Defence legislation are incorporated in the Bill but I am sure there is a genuine reason for that.

The Bill is desirable and welcome but I wonder whether it will become difficult to identify certain people in the future. One of my relatives, who lives overseas, recently applied for an Irish passport but was obliged to go through the formality of obtaining a birth certificate and the mother's birth and marriage certificates to establish nationality. I am concerned that the new arrangements will make it more difficult for people living abroad, who apply for Irish passports, to trace their relatives.

Will the Minister clarify whether the Bill proposes any changes to long and short certificates and baptismal certificates? I could never explain the difference between them to my constituents. Are there any proposals to rationalise such certificates and introduce a single form so that people will know what is acceptable? The Minister is aware that, in some circumstances, long certificates are required while, in others, the short form suffices. I am not sure that the Bill makes provision to change that or whether it is intended to do so. I compliment the Minster for introducing the Bill which will update the legislation and bring 19th century procedures into the 21st century.

Mr. Doyle

I welcome the Minister. There is very little one can say when one is the final speaker on a short Bill. Senator O'Sullivan raised the issue of marriages and stated that women dislike being called "spinsters". In my former occupation I wrote down "bachelor" or "spinster", "widow" or "widower" because they were the only terms available under the legislation for classifying marital status. A number of women took exception to this, arguing they were not spinsters. I had to explain to them that was their position prior to the marriage ceremony.

I welcome this Bill. It is extraordinary that the surname of the child was not included on the previous certificate. That will be rectified by this Bill which will remove any discrimination in relation to the registration of births.

I have always found it difficult to understand why the father's occupation was entered on the birth certificate. We will now have both the father's and the mother's occupation shown. However, if both of them are unemployed and this is quite common these days, does the child have to live with a certificate which classifies its parents as unemployed for the rest of its life? Will the Minister indicate if this can be amended at a future date?

Senator Daly raised the issue of the short certificate. This is an important point because many people accept the short certificate having regard to the cost of the long certificate. Certificates are costly and perhaps the Minister would tell the House how much a long certificate costs? I am anxious that the short certificate be available because there are times when people cannot afford the long one.

Will the Minister shed some light on section 1(3) where a surname other than that of the parents can be used if both parents request it. Is the consent of the third person required before his or her name can appear on the certificate?

Minister for Equality and Law Reform (Mr. Taylor)

This Bill has provoked a wide ranging and positive debate and I am grateful to Senators for their constructive and co-operative approach. The Registration of Births and Deaths (Ireland) Act, 1863, introduced a system of civil registration of births and deaths which came into operation in January 1864. I have a copy of the first entry in the births register for Dublin south city. It shows that a child named Stephan was born on 10 January 1864 to Thomas Boylan, a cooper, whose address is given as 2 St. James's Terrace, and to Ann Boylan whose maiden name was Mara.

There has been no change in the format since that birth was recorded. Despite all the changes in society in the past 130 years the birth certificate of a child born today is the same as that of the child born in 1864. Senators will agree a change in that format is long overdue. That is the purpose of this Bill.

Many people rightly react with disbelief and outrage when they discover their child's birth must be registered in this format. It does not lessen their annoyance when they are informed this is a statutory requirement and the relevant Act is more than 130 years old. The particulars recorded in the Register of Births should reflect the realities of our society and the position of women in that society. The birth certificate we have at present is discriminatory and outmoded. The certificate which will be put in place by this Bill is gender neutral and recognises the diversity of modern life in Ireland.

Senator McGennis raised the question of people who have been adopted obtaining their birth certificates. The Senator tabled an amendment and I am sorry it has been disallowed. However, every person has the right to obtain an official copy of anybody's birth certificate provided they have the necessary data to identify the birth concerned. This information is probably not yet on computer and that is part of the problem which will be included in the overall review. I assure Senators that I appreciate the need for a review of the entire registration system of births, marriages and deaths. However, I caution Senators that it is an extensive operation which will take some time to complete. It is extraordinarily complex and involves quite a number of statutes, most of which date from the last century. I could have left the main thrust of this Bill until that review was completed but I decided this matter was of such importance that it warranted special attention, particularly since we have already addressed the form of the birth certificate in the Stillbirths Registration Bill. The form we are using here is based on that Bill.

I fully appreciate the problem raised by Senator McGennis and I sympathise with her. However, it is more an issue of identifying and obtaining the necessary information that would enable the birth to be identified. That is a separate matter which falls under the adoption legislation procedures which are the responsibility of the Minister for Health.

Senator McGennis also raised the question of paragraph 11 and the recording of baptismal details. These details are a church matter; they are not a State matter. We have made provision in the form for that kind of situation. We do not call it the baptismal name, but the second last item in the schedule to the Bill provides for the forename of the child if added after the registration of birth.

Part 9 of the Status of Children Act, 1987, sets out the procedures involved when an unmarried mother registers the birth of a child. Section 49 of that Act stipulates that the registrar will enter the father's name at the joint request of the mother and the person acknowledging himself as the father of the child or at the request of the mother on production of a statutory declaration in the prescribed form by the other person acknowledging himself to be the father. The details are set out in Part 9 to which I refer the Senators interested in that subject. This Bill will not alter that aspect of the matter.

Senator Daly raised section 6 where different forms are prescribed for defence and Garda personnel. These are now being standardised and the same form will be used in all registration, whether arising under the normal births registration legislation or under the Defence or Garda system.

Senator Doyle raised the question of occupation. The record of the person's occupation is important socio-economic data and can be useful for tracing a person who may seek a particular certificate. I am not sure that where the person is unemployed this necessarily means his or her profession may not be stated. For example, if a person is a plumber he may be unemployed but is still a plumber. I do not see that the fact that the person is unemployed in any way precludes him from stating his occupation on that form. I may be wrong about that. A plumber is a plumber whether he happens to have work as a plumber at that time. I know on some occasions one does see the description "unemployed" entered but I am not sure that is absolutely necessary.

A question was raised about long and short birth certificates. The long certificate is an exact copy of the entry in the register of births and is needed for instance, to obtain a passport. It is not necessary for other purposes and the shorter form, derived from the details in the register suffices. This form can be varied by regulation and any necessary adjustment will be made by the Minister of Health. The short form is adequate, for example in legal proceedings.

Senator Daly inquired about the Registrar General. The Secretary of the Department of Health is ex-officio the Registrar General. There is no statutory provision for appeals on his decisions. The normal procedure of judicial review of his decisions is availed of on occasion. Whether an appeals procedure should be provided for is an interesting question. This will be examined as part of the overall review of the entire registration system.

I have dealt with most of the questions raised by Senators. If there are more specific questions, they can be dealt with on Committee Stage. I thank Senators for their contributions.

I have been informed by one of my officials that the regulations provide that if the person is unemployed, it must be stated on the registration form. I will examine this in the context of the overall review as I have doubts about it.

Question put and agreed to.

An Leas-Chathaoirleach

When is it proposed to take Committee Stage?

Mr. Doyle

It was proposed we have a sos for half an hour. I understand there are no amendments on Committee Stage, so with the agreement of the House, I suggest we proceed with Committee and Final Stages.

Agreed to take remaining Stages today.