Commencement of Legislation

Dáil Éireann Debate, Tuesday - 12 June 2018

Tuesday, 12 June 2018

Questions (1239, 1240)

Niall Collins

Question:

1239. Deputy Niall Collins asked the Minister for Employment Affairs and Social Protection when section 22(3C) of Civil Registration Act 2004 as inserted by section 6(e) of the Civil Registration Act 2014 and-or other relevant legislation will be commenced to empower civil registrars to put into operation a provision in force since January 2016 ending the presumption in law that a woman’s husband is the father of the child if the child is born more than ten months after they separated. [24896/18]

Róisín Shortall

Question:

1240. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection when section 22(3C) of Civil Registration Act 2004 as inserted by section 6(e) of the Civil Registration Act 2014 and-or other relevant legislation will be commenced to empower civil registrars to put into operation a provision in force since January 2016 ending the presumption in law that a woman’s husband is the father of the child if the child is born more than ten months after they separated; and if she will make a statement on the matter. [24899/18]

Written answers

Minister for Employment Affairs and Social Protection

I propose to take Questions Nos. 1239 and 1240 together.

Section 22(3C) of Civil Registration Act 2004 (as inserted by section 6(e) of the Civil Registration Act 2014) provides for registration of a father’s name, other than that of the husband, where the mother is married and has been living apart from her husband during the period of 10 months ending immediately before the birth of the child, and a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage, or a deed of separation, has not been granted by a court.

Certain provisions of the Civil Registration (Amendment) Act 2014, such as those relating to marriages of convenience, were commenced in August of 2015. However, a number of the sections of the Act, including section 6(e), have yet to be commenced pending the roll-out of training to staff of the Civil Registration Service who are employees of the HSE. The General Register Office is in a position to begin provision of training as soon as the HSE notifies it of the dates and venues.