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.