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Seanad Éireann debate -
Thursday, 30 Jun 2005

Vol. 180 No. 28

Civil Registration (Amendment) Bill 2005: Second and Subsequent Stages.

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

I am pleased to bring the Civil Registration (Amendment) Bill 2005 before the House. The purpose of the Bill is to amend the Civil Registration Act 2004 to provide for the continuation of payment of allowances and fees to private registrars of births, marriages and deaths.

In addition to registrars directly employed by the HSE, there are approximately 50 private registrars appointed under the registration of births, deaths and marriages Acts to their own designated districts. The majority are private individuals and general practitioners, who provide the service from private residences and private offices. Some private registrars are HSE employees, such as community welfare officers, who perform registration functions in addition to, but separate from, their substantive appointments. All registration staff, including private registrars, will be reappointed on commencement of the provisions of the Civil Registration Act 2004. This is a minor technical amendment but it is essential to facilitate the commencement of the 2004 Act.

As Members will be aware, the Civil Registration Act 2004 was passed by both Houses of the Oireachtas and signed into law in February 2004. I would like to remind the House of the purpose of the Act. The main objectives of the Act are as follows: to rationalise and modernise the procedures for registering births, stillbirths and deaths; to give an tArd Chláraitheoir responsibility for the overall policy for the Civil Registration Service, including maintaining standards of service; assign responsibility for the management of the Civil Registration Service at local level to the Health Service Executive; to streamline the procedures for the registration of adoptions; to establish new registers of divorce and civil nullity; and to reform the procedures governing the registration of marriages and facilitate the linking of life events.

Civil registration was first introduced in Ireland in 1845 for the registration of non-Catholic marriages and extended in 1864 to births, deaths and Roman Catholic marriages. Thus, a comprehensive registration system has been in place since 1864. The registers form a basic, continuous source of information about the population by providing a record of vital events relating to people and satisfying the need for evidence which has a bearing on rights, entitlements, liabilities, status and nationality. The registers were subsequently extended to adoptions and stillbirths.

Civil registration touches on each of us at important stages in our lives, beginning with the registration of our births and ending when our deaths are registered. Between these events, civil registration affects us both directly, as in the case of marriage, or indirectly, when certificates are required for many of the services available in our society, such as enrolling a child in school, obtaining a passport, taking up employment and claiming a social welfare payment.

While there has been little change to the basic registration procedures since 1864, there have been many changes in our society, major developments in technology, and increased expectations on the part of citizens as to how public services should be delivered. Recognising the importance of civil registration and acknowledging the changing needs of our society, the Government approved a programme of work to modernise the Civil Registration Service. The civil registration modernisation programme is a joint initiative between the Department of Health and Children, which oversees the administration of the Civil Registration Service, and the Department of Social and Family Affairs which processed the Civil Registration Act 2004. This is a major undertaking involving the introduction of modern technology providing on-line registration, electronic certificate production and the capture of digitised signatures; a redesign of business processes and procedures; capturing and storing in electronic format all paper-based records from 1845 and a reform of legislation.

There will be substantial benefits, both tangible and intangible, arising from the modernisation programme. These include improved service to customers, for example extended opening times; greater efficiency in the use of resources and reduction in red tape; nationwide standards for registering life events; the registration of divorces and civil annulments on a central register; the electronic capture and transmission of all vital statistics on life events to the Central Statistics Office; the sharing of data with designated Government Departments and agencies; and a reduction in the demand for paper certificates for the purposes of Government services.

Until now, the registration and certificate production processes were manual, time consuming and location dependent. The modernisation programme marks a fundamental change in the way the Civil Registration Service operates and is delivering significant improvements in operational efficiency and customer satisfaction throughout the country.

I am pleased to inform the House that the new computer system is fully rolled out across the entire country with electronic registration and certificate production available in all registration offices. It might also interest Senators to know that the system has been recognised nationally and internationally as an example of excellence in e-Government and public service provision.

The modernisation programme aims to deliver a high quality, proactive service to customers. Since September 2003, all new birth registration data is transferred electronically to the Department of Social and Family Affairs from the civil registration computer system. This facilitates the allocation of a personal public service number, PPS, to a child at registration; the establishment of a child's public service identity and the creation of family links on the national central database for all citizens — the client records system which is administered by the Department of Social and Family Affairs; and the initiation of a child benefit claim for first-born children and the automatic payment for second and subsequent children in a family. In essence, payment of child benefit in respect of a baby born and registered by the Civil Registration System on a Monday is made, or the mother is contacted, by the following Thursday without any manual intervention. This is a prime example of the e-Government objective of Departments working together to provide more convenient access to services for citizens.

The introduction of the new Civil Registration System is therefore a flagship initiative in providing life-centred services to customers. The visible improvement from the customer perspective is that a single interaction with a public service agency, for example, the registration of a birth not only achieves its original purpose, but also triggers a series of related services by another agency, in this case the Department of Social and Family Affairs. Customers availing of the e-enabled service no longer have to source and complete a multi-paged paper application form and supply a paper birth certificate. They simply have to register the baby's birth to set the process in motion.

In many cases, the birth notification is passed electronically from the hospital to the registration computer system, and this facility will be implemented for all maternity hospitals in the future. In this case, the birth details are captured just once, at the earliest point in the process, with seamless electronic data transmission from hospital to registration to child benefit and back again to registration with the PPS number.

In conjunction with GRO, the REACH Agency electronically publishes deaths data and this data is available to all Government agencies. This is of particular importance for the Department of Social and Family Affairs and the HSE for the efficient and effective management of their services. Vital statistics are transmitted electronically to the CSO. This greatly reduces the amount of manual intervention involved in such exercises, improves the quality of data and enhances the ability of the CSO to manage the data.

The capture of historic data in electronic format has been a central element of the modernisation programme. This has been a mammoth task, involving the digitisation of over 27 million records and 5 million registration images. The technology used in the process is first rate, and I commend all the staff for their efforts over the years in what has been a difficult and painstaking task.

I am especially pleased to inform the House that the decentralisation of the GRO to Roscommon has been successfully achieved. A new office building has been provided which accommodates a number of Departments based in Roscommon. The building includes purpose-built archival storage, with up-to-date technology, providing a secure facility for vital historical records. A new staffing structure has been put in place in the registration service of the HSE, and extended opening hours are in operation in most of the main registration offices. I am pleased at the way the registration staff have embraced the new challenge and I am confident that their continued commitment will ensure a first class registration service in the years to come.

A significant investment will be made in bringing genealogical research facilities up to modern standards. Discussions are under way with the OPW with a view to procuring new premises and facilities for research. The research facility will remain in Dublin and will be supported by a dedicated staff of eight. It is also intended to introduce electronic research in the new location. Those with an interest in tracing their roots will be able to search through records much faster and will be able to view the original register entries which have been digitally scanned onto the system. It is hoped eventually to introduce internet-based research which will be available to a world-wide audience.

With all of these developments now in place, the stage has been reached where it will soon be possible to commence parts of the Civil Registration Act 2004. In the course of preparatory work towards commencement, legal advice was received to the effect that the Act needs to be amended to allow for the continuation of payment of fees and allowances to private registrars and the Bill is a necessary amendment to allow this to happen. The purpose of the Bill is to insert a new section 67A into the Act to enable fees and allowances to be paid to private registrars and to provide for the necessary administrative arrangements. During drafting of the commencement and related orders for the Civil Registration Act 2004, it had been intended to provide for these payments to be made on an administrative basis. However, when the draft orders were submitted to the legal adviser, the advice given was that a specific statutory provision would be required. This advice was confirmed by the Attorney General.

Parts 1, 2, 3, 5 and 8 of the Act relate to the administration of the Civil Registration Service and to the registration of births, stillbirths and deaths. Preparatory work to commence these provisions is at an advanced stage and the passing of the Bill will allow them to be commenced within a matter of months.

The new procedures for marriage are set out in Part 6 of the Act and include universal procedures for notification, solemnisation and registration of marriages, as well as a choice of venue for civil marriages. Before these provisions can be commenced, a substantial body of work needs to be completed, including the folllowing: the drafting and publication of regulations, guidelines and detailed procedures; the establishment of a register of solemnisers in consultation with religious bodies; the establishment of a register of approved venues for civil marriages; and the further development of the computer system to facilitate the administration of the new marriage procedures introduced by the Act. Implementation of the other provisions, relating to registration of adoptions, divorces and civil nullity, will follow commencement of the marriage provisions.

I commend the Bill to the House.

I welcome the Bill and the amendment proposed to the Civil Registration Act 2004. It allows registrars not employed by the HSE, and employees of the HSE who are not registrars, to receive payment.

Approximately two hours ago the House debated the Electoral (Amendment) Bill 2005 and discussed the updating of it on a regular basis. Great advancements have been made in this area. I suggested that it must be possible for the relevant Departments to pass on information such as death certificates to each other. There seems to be a complete lack of communication from the Department of Social and Family Affairs in this regard. Families are often sent large bills from that Department because they are in receipt of benefits or allowances on behalf of a person who has recently died to which they are not entitled.

I ask the Minister to pursue with the relevant Departments the problem of people remaining on the electoral register even though they have passed away. The Civil Registration Service, however, is undoubtedly doing good work in many areas.

I welcome the Minister of State. While this is a short Bill, it is, nevertheless, important because until it is passed, the 2004 Act cannot be implemented. The legislation covers the registration of births, deaths, marriages, adoptions, divorces and civil annulments. Recently, my colleague, Senator Leyden, introduced a Private Members' Bill pertaining to wills, which is an important issue. Unless decisions are properly registered and the appropriate documentation used, significant difficulties could be created for people down the line. The Minister of State referred to private individuals who provide the registration service and who are not directly employed by the State and to the service provided by community welfare officers and general practitioners. These people are important and the legislation provides for them to paid. All registration staff, including private registrars, will be reappointed upon the commencement of the Civil Registration Act 2004.

The Minister of State referred to the background to the legislation, which, while short, has great potential, as it will be the engine of the 2004 legislation. Following legal advice submitted to the Attorney General, it was confirmed the only way to resolve the difficulties was to amend the 2004 Act. The transfer of the General Register Office to Roscommon is another example of the Government's success with its decentralisation programme. I welcome the legislation whose implications are tremendous. It will regularise a scenario, which should have been regularised a long time ago.

I welcome the legislation. However, I am concerned the Government still has not addressed the issue of children born through a surrogacy arrangement in Ireland or abroad, which is more complicated.

I do not know whether the Minister of State had read the report of the Commission on Assisted Human Reproduction but it addresses the major problem of surrogacy, particularly where the child is born abroad. Following the reporting of high profile cases in the press, we are aware such children are entering the State. However, it is difficult for them to obtain a personal public service number and other documentation that flows from that. It is impossible to register a number of these children under adoption legislation because a financial arrangement has been entered into regarding their births. While the commissioning couple may be regarded as the legal parents of the child, a number of the children may be in a dangerous position.

The Guardianship of Infants Act has been used by some fathers to give them guardianship of a surrogate child but the mother has no legal right over the child in this State. I am concerned that the introduction of legislation to address this problem will continue to drift. I first raised the issue in 1999 and it will drift until a dreadful high profile case ends up in the courts, following which it will be addressed. I hope this will not happen but I despair that another way to address this issue will be found. Given the complexities of legislation that would be required to address human assisted reproduction, this issue will not be dealt with separately.

A number of children who were born to surrogate mothers are in their teens and their parents are getting older. There could be bereavements and disputes over inheritance rights and so on. What thought has the Government put into the issue? Children are involved and their rights are important in the context of this issue, not the niceties of our views on surrogacy and so on. What progress is the Government making to ensure they have the same legal rights as other citizens?

I welcome the Minister of State and his senior officials, Kieran Feely and Pat Patterson, who is the registrar of deaths, births and still births. Both of them are located in decentralised offices at Convent Road, Roscommon. I welcome Mr. Feely back to the House, as he previously worked in the Department of Post and Telegraphs and other Departments and he is an experienced official.

I welcome the legislation and I thank the Minister of State for bringing it forward in such an expeditious manner. The primary Act was passed last year and it cautiously and carefully ensures funds are fully authorised, which is worthwhile. On Tuesday, I published the Registration of Wills Bill 2005. I hope the Minister of State and his officials will return in the autumn to accept the Bill.

I was contacted by Shannonside Radio earlier regarding the beautiful new building at Convent Road, Roscommon, to which the General Register Office has been decentralised. It is staffed by officials of the Departments of Health and Children and Agriculture and Food. Concerns regarding the second floor of the building were brought to my attention. It is not in use because of a potential structural defect. I was briefed fully on this matter by an official of the Minister of State's Department and I would like to allay the fears of my constituents and the public, who are interested in this matter. The building was provided by McLoughlins-Marmac at a cost of €10 million. However, the Office of Public Works will ensure difficulties that have arisen will be addressed before the building is fully taken over. Senior structural engineers from the OPW visited the building earlier and they will ensure it has been built in accordance with its specification and design. A meeting was also held earlier between the chief fire officer of County Roscommon and officials of Marmac. I visited the new facility last Monday.

I am not sure of the relevance of this building to the legislation.

I can use my ability to make it relevant.

This is an election broadcast.

I wish to allay the fears of the public because this is a perfectly good building and it will house the GRO. There is no point amending legislation if the officials implementing it are not in a safe, sound, well designed building, which is a credit to the Department of Finance and the staff who managed the project. There would be no point bringing forward a Bill today or a change in legislation if the officials administering the Bill did not work in a safe, sound, well-designed building. It is beautiful and a credit to the Minister of State, the Office of Public Works and its staff.

Certain works are being carried out on the stairs leading to the second floor and other areas. There are two fire escape staircases and a lift. People tend to exaggerate the difficulties that arise, particularly in light of events surrounding a swimming pool in this city. I wish to allay their fears.

I hope the Minister of State will expedite the decentralisation of the Land Registry to Roscommon to make it the central location for registration of deaths, marriages, stillbirths, land registry and wills.

I congratulate the Minister of State and his officials on the Bill. Senator Henry referred to the Minister of State's comment on streamlining the procedure for adoptions as a reminder that we have not yet covered the issue of surrogacy. I support her comments. Perhaps it is one of the benefits of having a second House that there is a chance to look again at legislation.

This Bill would not be before us if we had thought this through last year when the previous Bill came before us. It is a reminder of the danger of putting a Bill through the House speedily, without giving it full attention. The Minister of State explained the system of registration very well this evening.

I have attended some weddings in France where the civil registrar is different from the celebrant of the other ceremony and the bride and groom must visit the registry as well as attend the other ceremony. It is interesting to note that in 1863 we established the priest as the registrar for a marriage. That was an innovative way of thinking for that time and it has worked.

I have recently been impressed by the service provided by the Passport Office. When I first came into the House some years ago it was very difficult to get a passport on time. Since the office installed modern technology and got on top of the work it has run efficiently. The same technology and ability to speed things up electronically will apply to the civil registration process, as the Minister of State explained.

Genealogy and the ability to trace one's relatives offers several benefits. I have met many tourists and Americans who wished to come here to trace their relatives and have not been easily able to do so. I was impressed when I visited the National Archives a couple of years ago to check up on my father-in-law. He was born in 1899 and cherished the ambition to live to be 100 and a few months in order to have lived during three centuries. He was anxious to achieve this as few people had done so but he died at the age of 93. He said of my father, who was born in 1902, "That so-and-so would have to be 198 to achieve the same thing", which he unfortunately did not achieve either.

It is impressive to see the many benefits of this research. I mention only a few. The Minister of State specified the linking of life events. That could not have been done with the old paper system but can be done electronically. I have full confidence that this will work because the effort has been made to ensure it does. I congratulate the Minister of State and his officials for thinking in this way and for the manner in which they have carried out the idea.

I thank the Members of the House for their interest in, and comments on, the legislation and for the co-operation from the Whips and the Seanad officials in agreeing to allow the legislation be introduced at short notice.

The comments about the strides in terms of efficiency are valid and I appreciate them. The Civil Service held a showcase event at which elements of 20 Departments toured the country. The register of deaths and births, particularly births, was shown for its efficiency. It is a superb streamlining of the service and is the way of the future. One might expect Intel, Google or other private operators to do their business in this way but civil servants have shown they can compete efficiently with those operators.

Senator Leyden has allayed many fears that may have been unfounded. I hope people take note of his words.

The 2004 Act cannot be commenced without this proposed amendment. The introduction of the marriage provisions, including the choice of marriage venues, would be further delayed without it. Surnames of children born to parents who are not married to one another but who subsequently marry cannot be changed. This often results in children of the same family having different surnames which causes distress for the families involved, particularly in regard to school and contact with public agencies.

The delay in commencing the Act causes continuing difficulties for the General Register Office and the Civil Registration Service generally. The continued reliance on old and fragmented legislation, much of it dating back to the 19th century, poses ongoing problems for the GRO and the general public and is not geared to the needs of a modern society.

It is obvious from the debate that Members recognise the vital importance of civil registration legislation and its effect on our lives as individuals and the wider society. I assure Members that their comments are noted and will make a valuable contribution to the future development of the civil registration policy, in particular the comments about surrogacy. It is the case that all births can be and are registered but the points Senator Henry raised about the particular difficulty this entails will be noted too.

It is unfortunate that owing to time pressures it is not possible to respond in detail to all of the points raised but there was a lengthy and thorough debate on registration issues during the passage of the Civil Registration Act in January and February 2004. I thank Members for bringing their concerns about civil registration before the House and for their co-operation in ensuring this vital technical amendment to the CivilRegistration Act passed swiftly through the House.

Question put and agreed to.

When is it proposed to take Committee Stage?

Now.

Agreed to take remaining Stages today.

Sections 1 and 2 agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."

I thank the Minister of State for his response to the points I raised but I urge him and his officials to read the section on surrogacy in the report of the Commission on Assisted Human Reproduction. Legislation has been promised in this House for decades but this issue cannot wait. The Minister of State must take the recommendations in that report and deal with the issue as fast as possible before some ghastly case arises that no one wants.

The Senator cannot re-open the debate.

I am surprised to learn that the genealogical research facilities will not be located in Roscommon. That came as a bombshell to me today because that was the original agreement. However, I am aware that the former Taoiseach, Dr. Garret FitzGerald, made representations to prevent that happening.

I thank the Minister of State and the Members for their co-operation in passing this important amending legislation. The Minister of State's concluding statement set out clearly why it is so important. I fully support it and am pleased that all sides of the House agreed to enact this legislation.

I wish to be associated with those comments. I omitted to welcome the officials to the House but I thank them for their work. I hope this amendment to the Bill will ensure that they proceed with their good work.

Question put and agreed to.

When is it proposed to sit again?

At 10.30 a.m. tomorrow.

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