Dáil Éireann díospóireacht -
Thursday, 25 Apr 2024

Vol. 1053 No. 1

Civil Registration (Electronic Registration) Bill 2024: Second Stage

Minister of State at the Department of Social Protection (Deputy Joe O'Brien)

I move: "That the Bill be now read a Second Time."

I am pleased to have the opportunity to introduce this important Bill, which will improve and update our civil registration legislation and, in particular, allow parents and bereaved families the opportunity to register a birth, death or stillborn online, update the criteria for stillbirths and provide timely notification of deaths to the State. The new online registration service will be available to persons who have an authenticated standard authentication framework environment, SAFE, identity, in the form of a public services card issued by the Department of Social Protection and a verified MyGovID account, and will operate in parallel with the existing in-person civil registration service provided in local registration offices by the HSE.

The requirement for an online option became evident during the Covid-19 pandemic, when it was not possible to allow physical attendance by parents at a HSE civil registration office, and as a result of the issues that arose following the cyberattack on the HSE when access to the latter's IT systems was affected. The online registration of a birth, death or stillbirth will provide for resilience in the registration process in the event of any future pandemic or cyberattack incidents and will ensure that registration can occur at a time and place convenient to members of the public. In addition to the online changes to the death registration process, this Bill will provide for the electronic notification of a death, ensuring an accurate and timely gathering of death information for the State.

There is continued close co-operation between the Department, officials in the Department of Health and the HSE systems development teams concerning the establishment of systems to facilitate the notification of births and deaths to the General Register Office, GRO. They will continue to work together to ensure that the notification system's development will progress in conjunction with the legislation as set out in the Bill.

Another important aspect of the Bill is the provision of interim death certificates to bereaved families confirming the death of their loved ones in cases where the death is subject to an ongoing investigation or inquiry by a coroner. This death certificate will ensure that families can deal with the administrative burdens around the estate of the deceased while the coroner completes his or her duties in respect of the death.

The criteria for assigning stillborn status will be reduced to reflect advances in clinical care. Access to the register of stillbirths will be broadened to additional family members and a record of stillbirths for families who wish to allow public access to the details of their stillborn child will be created. The provision will ensure open access to some records while also recognising and respecting the wishes of those parents who wish to retain the private status of their child’s record in the register of stillbirths.

There are other provisions in the Bill that I intend to speak on as I address the individual sections of the Bill, which I propose to do now. Section 1 provides for the Short Title, construction, collective citation and commencement of the legislation.

Section 2 outlines the definitions of certain legal terms used throughout the legislation.

Section 3 provides for a change in the criteria determining stillbirths by reducing the gestational age limit from 24 weeks to 23 weeks, reducing the minimum weight from 500 g to 400 g and making improved provision for stillbirths where multiple births are concerned. These amendments address recommendations received from the Minister for Health and aligns stillbirth registration with current foetal viability outcomes. This section also provides for a technical amendment to address the need to rectify conflicting insertions of section 2(2)(g) relating to marriages and marriages of convenience into the Civil Registration Act 2004.

Section 4 makes a technical amendment to section 8 of Act of 2004. This will allow an tÁrd-Chláraitheoir to issue guidance on the operation of the civil registration service to superintendent registrars and registrars who are employees of the HSE and have operational responsibility for the operation of the civil registration service on behalf of the State.

Section 5 provides for the online registration of a birth. The online facility will be developed as part of the MyWelfare suite of services delivered by the Department of Social Protection.

Online registration will enable parents to avail of an additional method by which the birth or stillbirth of a child can be registered. The current in-person registration service operated by the HSE throughout the State will be retained.

Section 6 provides for amendments to facilitate the interaction of the national donor-conceived register with the register of births as set out in the Children and Family Relationships Act 2015. This change will ensure the information to be provided by the Minister for Health under the Children and Family Relationships Act 2015 will be sent to an tArd-Chláraitheoir.

Section 7 provides for technical amendments to section 25A where there is a failure to agree a surname from both an in-person and an online birth registration. Section 8 provides for the online registration of stillbirths. This legislation will allow parents to register the stillbirth in a similar manner to online births and deaths. This service will be rolled out in line with the addressing of technical issues regarding the uploading of a medical certificate provided to the parents of a stillborn child.

Section 9 provides for the notification of a birth to the civil registration service by a hospital or, if the child was not born in a hospital or other institution, a parent, midwife or a medical practitioner who attended the birth within five working days of the birth. Notification of a birth is a prerequisite to registration of the birth by parents and is an essential control mechanism to ensure there is independent confirmation that a birth has occurred. The notification also provides the related particulars of the parents. The duty to notify the registration service of the birth by the parents where a child is born outside a maternity hospital or without medical supervision is welcomed by the HSE registration staff alongside the provision that a registrar can request certain required information from the parents with regard to such a birth.

Section 10 provides for the establishment of a record of stillbirths. Where there is an entry in the register of stillbirths, certain persons can apply to an tArd-Chláraitheoir to enter details of that entry into the record of stillbirths. Unlike the register of stillbirths, the record of stillbirths will not be closed to the public. This will facilitate those parents who wish to have information in respect of their stillborn child made publicly available. It will be possible for persons to apply for certificates to be printed from the record of stillbirths.

Section 11 provides for an additional method to register deaths using the online facility mentioned previously with regard to the registration of a birth or stillbirth. It also provides for an amendment to the time afforded to the relatives of a deceased person to formally register a death from three months to 28 days from the date of death. This section will help, in association with section 14, which provides for a process of notification of a death, to ensure more timely data on deaths. It also clarifies that the duty on a qualified informant to register a death is contingent on the death not being referred to a coroner under the Coroners Act 1962.

Section 12 provides for instances where a coroner considers the circumstances of a death referred to them under the Coroners Act 1962 and determines that the death can be referred back to the hospital, institution or medical practitioner without the need for the coroner to carry out an inquiry, post mortem or investigation. This reflects the practice whereby a coroner is satisfied that the death referred to them can be registered by the family under section 37 of the Civil Registration Act 2004 with a medically certified cause of death certificate issued to them by a medical practitioner.

Section 13 will enable a death that is referred to a coroner to be entered in the register of deaths before the coroner has determined all the facts of the case. A family member can request a corroborated facts of death certificate from the coroner, bring it to the local registration service and receive an interim death certificate containing the details of the death as confirmed by the coroner. The cause of death and any other facts that remain to be determined by the coroner will be added to the death record when the coroner’s investigation has been completed, and this will finalise the death registration process. Importantly, it enables families of the deceased to receive death certificates while a coroner's investigation is ongoing.

Section 14 introduces a requirement that all deaths occurring within the State are to be notified to an tArd-Chláraitheoir within five working days of a death occurring. This provision is similar to the provision for the notification of births and will serve to ensure for the first time that the State is notified when a death occurs. Notification of a death is an essential step in enabling the functionality for the online death registration process this Bill establishes.

Section 15 provides for a broadening of access to the stillbirth register, both to families of a stillborn child who wish to search or receive copies of entries and to assist the staff of the civil registration service in the provision of searches and certificates. Currently, only the parents of a child recorded in the register or staff of the General Register Office have access to the register.

Section 16 provides for amendments to section 64 to allow the existing mechanisms for corrections and cancellations of entries in a register to apply for entries in a register made using the online registrations process.

Section 17 provides for amendments to section 68 to enable certificates from entries in the online registration process to be used as evidence of a birth, stillbirth or death.

Section 18 provides for references to in-person registration of births, stillbirths and deaths in other Acts or enactments to include online registrations, where applicable.

Section 19 provides for amendments to section 69 dealing with offences to reflect other proposed changes in this Bill to introduce online registration services.

Section 20 provides for amendments to section 70 dealing with penalties to reflect other proposed changes in this Bill to introduce online registration services.

Section 21 provides for amendments to section 73 dealing with the collection of vital statistics to reflect other proposed changes in this Bill to introduce online registration services.

Section 22 provides for amendments to the First Schedule to include required particulars provided in the online registration environment.

Section 23 provides for an amendment to section 51 of the Social Welfare Consolidation Act 2005 to incorporate the revised definition of “stillbirth” in section 3 and to ensure any future amendments to the "stillbirth definition” will be automatically reflected in the Social Welfare Consolidation Act 2005.

Section 24 provides for an amendment to section 6 of the Civil Registration (Amendment) Act 2014. Section 6 of the Civil Registration (Amendment) Act 2014 will place a duty on parents registering a birth to provide information about the father of the child, whether the parents of the child are married to each other or not, except in certain specified instances.

As Deputies can see, there are some major amendments in the civil registration process proposed in this Bill. The method of registration of a birth and death has remained relatively unchanged over the past 100 years, and this Bill seeks to modernise the process to make use of changes introduced by the progress of technology and the expectations of the public of improvements to the provision of important public services by the State. There are also important provisions that affect the lives of those who have suffered the pain of a stillbirth and other provisions that will improve the process of death registration for bereaved families.

For now, I want to progress the measures in this Bill as quickly as possible. I intend for civil registration legislation to keep pace with the evolving technical and process improvements in our society and that such changes would be provided for in legislation generally. I look forward to hearing the views of Deputies and working with them to progress this important legislation as quickly as possible. I thank the Leas-Cheann Comhairle, and I commend this Bill to the House.

An Leas-Cheann Comhairle

Glaoim ar an Teachta Donnchadh Ó Laoghaire. Tá deich nóiméad aige, an ea?

Deputy Donnchadh Ó Laoghaire

Ní thógfaidh mé an t-am go léir. Táim á roinnt. An bhfuil an Teachta Ó Murchú sa slot céanna?

An Leas-Cheann Comhairle

Tá. Tá 20 nóiméad ag an mbeirt Teachta.

Deputy Donnchadh Ó Laoghaire

Ní bheidh 20 nóiméad uainn. Gabhaim buíochas leis an Aire Stáit. Beimid ag tacú leis an reachtaíocht seo. Baineann sé le héascú ó thaobh riaracháin. Tá sé chun é sin a dhéanamh chomh furasta agus tapa agus is féidir. Cé nach bhfuil an méid atá ann ródhrámatúil, tá sé ciallmhar agus cuirfidh sé le héifeachtacht an chórais.

We welcome this legislation. That it gives greater flexibility in registering major life events is welcome. It is important this is as simple as possible. It is easier now perhaps than it was once, and I am thinking of my grandaunt, who lived to the age of 100. There was a bit of a time lag between her 100th birthday and her getting the letter from the President because her registered birth more reflected the time that her father managed to get into Macroom to register the birth, which was quite some time later, I understand. Things like that were a common feature at that time, so it is a lot easier now than it was in times past.

What we are doing here is bringing it more into line with other jurisdictions and making it simpler again, more online and more easily accessible. People are time poor and it is not always easy to get the time to come in to register a birth and different elements like that. There is no reason this should not be possible online, remotely and so on. Similarly, electronic notifications of death would obviously make life easier for hospitals.

This is, to some extent, a legacy of Covid-19, and while that was obviously a challenging period, it highlighted some of the things that could be more easily done. It forced a measure of digitisation where maybe there had not been the same incentive before. The online provision of scripts to chemists was another useful element like that, so I think this is very sensible.

The Bill provides for online registration of births, deaths and stillbirths and electronic notification of death to the State.

It provides for the issuing of an interim death certificate where death has been referred to a coroner and a coroner has not completed their investigation. That is quite important in the context of the delays that exist and the uncertainty that can arise about time. This is an issue that needs to be addressed in itself because it causes a great deal of hardship and upset for people awaiting answers. It means that when, in the interim, people have administrative things they need to take care of relating to the person's estate and so on, they can do so. It is sensible that an interim death certificate be provided. It allows a coroner to refer death back to a hospital or medical practitioner where the coroner is satisfied no investigation is required. It expedites things like that.

The criteria for a stillbirth register to be used reflect the changes in foetal viability and are very important. I am not necessarily proposing changes to the legislation but I will take the opportunity to acknowledge the discussion in the Stormont Assembly in recent weeks. Our MLA Liz Kimmins tabled a motion on certificates for baby loss and pregnancy loss. I think there is a similar stillbirth register in the North, but in advance of the threshold for that, baby loss or pregnancy loss, even when it occurs in the very early stages of pregnancy, is a very difficult time for people. It is quite a lonely time. It has a more profound impact than sometimes we acknowledge in this House or in society generally. It is worthy of consideration. I think the debate centred on the recognition that there is a loss here. It is a particular type of loss and it can be a very challenging time. It is something we can consider as this legislation passes along.

The legislation contains updating of references in the Act on a variety of technical matters and the sharing of information by the Minister for Health to an tArd-Chláraitheoir on donor-conceived children as set out in the Children and Family Relationships Act 2015 and a number of other technical amendments.

By and large, the Bill is welcome. Returning to the area of deaths, deaths are generally manually notified to the next of kin who has up to three months to register the death. If the death is not registered, there is no official notification to the State that the death is occurred. This is much simpler and bereaved families will be able to receive an interim death certificate confirming the death of their loved ones for administering a deceased person’s affairs. There is a degree of administration and there are issues to be addressed when a loved one passes on. The interim death certificate is a very logical intervention in that regard.

There was a brief reference to registration of various things. One thing the GRO was responsible for in the past was civil partnership. That is no longer on the Statute Book now marriage equality exists for everyone. However, I want to highlight the discrepancy that exists for some in relation to inheritance and the tax thresholds for those cohabiting for a long time. They might have chosen civil partnership had it still been on the books, they might not wish to marry for whatever reason, or perhaps the opportunity did not arise. Whatever reason they did not marry, a couple may have been living together for 20 years and been in a long, committed relationship but they are treated as though that was not the case and there is no relief for them on inheritance tax. I appreciate it is a complex area and it veers into the remit of the Minister for Finance. However, this is something that has been raised with me. If people had civil partnership, their tax treatment would have been different but that is no longer available to people. It is only marriage or not. I am not saying it is a straightforward issue necessarily, but people have raised it with me.

Something we dealt with in our alternative budget last year was in the context of stillbirth. It is a profoundly difficult time. It is a tragedy that causes huge upset, grief and trauma. Without doubt, people need time to recover from it. Whether you can recover from it entirely at all is another question but people do need time after it to be with their loved ones. Currently, family leave is the responsibility for the Minister for Children, Equality, Disability, Integration and Youth but the Department of Social Protection is responsible for benefit payments. There is currently no parental bereavement leave or benefit for those who have experienced stillbirth. That is something we need to address. The leave part is one that falls under the Department of children but the Department of Social Protection could introduce or extend the benefit payment to those who have suffered on account of a stillbirth and at relatively little cost. We have costed that. There are approximately 120 stillbirths per annum. The costs associated with providing supports to both parents would be roughly €130,000 annually. We are talking about very small amounts. Even if it was more than what we estimated, and it might be, we are still not talking about huge amounts. There is already parental bereavement leave and benefit. I do not think it is much to ask to extend that to people who have experienced a stillbirth. I do not think I could move an amendment on that as it would be a charge on the Exchequer and so on but I ask the Minister of State to consider it and discuss it with the Minister for Social Protection. It is not a big thing to ask for. It is a small amount of money and it could make a very significant difference. I have spoken to parents whose flexibility or ability to take time off have been severely constrained at a time when they really needed time.

I thank the Minister. Is píosa reachtaíochta ciallmhar é agus beidh mé ag tacú leis agus ag iarraidh é a éascú trí na Tithe.

Deputy Ruairí Ó Murchú

As has been said, is rud é atá an-chiallmhar agus táim ag tacú leis. I think it falls into two brackets. First is people’s engagement with the State, which historically has not always been brilliant. That aside, we know it can be difficult at times and there are things we should do to streamline things. Beyond that, people have to be given the ability to do things through digitalisation and to have dealings with the State through electronic communication, thus simplifying it from everyone’s perspective. We want to enable families to register major life events online for the first time. Then there is the interim registration of death, where a coroner’s inquest has not concluded. We have all seen issues people have faced when they could not get the correct details. We have all been contacted with a view to ourselves making contact with the coroner. Anything that can be done on this to simplify things makes complete sense. I can see the interim death certificate being useful in many circumstances my office has had to deal with over the past while.

Deputy Ó Laoghaire spoke about supports for families who have experienced a stillbirth. I cannot imagine what people who have experienced that go through. I think we would all support increasing access to the register of stillbirths while still respecting the privacy of families and loved ones. People will have different circumstances and some may want to avail of the optional public record of stillbirths. That probably falls into the bracket of people wanting to recognise the life and the life that was lost. I concur with Deputy Ó Laoghaire that we need to give supports to people, particularly to the women who find themselves in those circumstances. Where we can do something is in the area of parental bereavement benefit and leave. As my colleague said, with a very small amount of money we can address those particular circumstances. It will not make up for what people have been through but, as a State, it is the right thing to do and it is something we should look at.

Currently, deaths in the State are notified manually to the next of kin. There is then up to three months to register the death and if the death is not registered, no official notification to the State that the death has occurred.

Under the provisions of this Bill, deaths will be electronically notified to the General Register Office within five working days from the date of death and the next of kin will then be notified of their duty to register the death within 28 days, using the existing in-person service or the new online facility, which makes complete sense. This will help to ensure accurate and timely gathering of death information. Bereaved families will then be able to receive an interim death certificate confirming the death of their loved one for the purpose of administering a deceased person's affairs in cases where the death is subject to an ongoing investigation or inquiry by a coroner. There are sometimes very simple issues that people need to deal with relating to houses, vehicles and other issues. Bereavement is a difficult time and anything that can be done to simplify this should definitely be done.

In dealing with this issue, we need to bear GDPR and everything in mind. It can create difficulty when one arm of government tries to talk to another. However, it cannot be beyond us to deal with these issues. Politicians and State agencies are well aware of an issue with the use of the electoral register. From time to time, families receive correspondence to their home or to the home of a loved one who is deceased, which can lead to a certain amount of pain. I accept that nobody intends this, but it is unfortunate. Sometimes we use the register for that purpose and we might not have the option of checking through and making sure that we have taken out every person within the locality who has died. Perhaps that situation with the electoral register could be dealt with. There are numerous ways we could improve the electoral register regarding how people get on it and stay on it as well as dealing with change of address.

I accept that not for the first time I have gone slightly off topic but this is a particular issue. We are talking about dealing with information relating to major life events. There is no event more major than somebody's death. If we can do something small to avoid heaping pain on top of those who have already gone through bereavement, that is something we should certainly consider and I would fully support it.

When talking about digitalisation, there is a wider issue within the HSE. We need to bring in fit-for-purpose IT infrastructure regarding protection and defence. Not only do we need to ensure we secure patients' information in the best way possible, but we also need to ensure the correct information is there when it is required by caregivers, doctors and other medical experts. That area has not been addressed to the degree it needs to be. While we welcome this provision allowing engagement with the State online, that needs to pertain right across society and all governmental operations. None matters more than in the sphere of health on the basis that we are talking about life and death. We are talking about medical care and the means to improve it and ensure that mistakes are not made on the basis of somebody's handwriting being as poor as mine. I think someone said hieroglyphics would be an improvement on what I have in front of me. That is obvious stuff that we need to improve. As I said, we fully support these changes which are not before time. If there are some tweaks that can be made to address the other issues that I spoke about, that would be beneficial across the board.

A Leas-Cheann Comhairle, I may request some element of flexibility, not for the first time. A particular issue has risen today. We are talking about engagement with the State and about systems working properly. It relates to Dunleer fire station and I have raised the issue with the Department of Public Expenditure, National Development Plan Delivery and Reform. The Government has determined that it will raise the age for retirement for retained fire officers from 60 to 62. I know that this issue lies with the Department of Public Expenditure, National Development Plan Delivery and Reform. I know that the Minister has stated that he will deal with it before the summer. The station officer at Dunleer fire station is John Molloy. On 24 May he will turn 60. Today he has been instructed by the chief fire officer that unless something comes from the Department of Public Expenditure, National Development Plan Delivery and Reform, he will be gone and the station will not be able to crew-----

An Leas-Cheann Comhairle

Deputy-----

Deputy Ruairí Ó Murchú

I realise that-----

An Leas-Cheann Comhairle

Deputy, this is your second time. I gave flexibility on the last occasion.

Deputy Ruairí Ó Murchú

Tá mé críochnaithe anois.

An Leas-Cheann Comhairle

I am going to move on.

Deputy Gary Gannon

We welcome the principles behind the Bill and we fully support it through its passage. I will not use the full 20 minutes. In welcoming the Bill, we acknowledge that it provides for the necessary advancements in the modernisation of how we deal with the beginning and the end of lives, times that are full of ecstasy and grief, in turn.

Aside from the obvious fact that the process of registering major life events online will ease stress for many when it comes to their loved ones, it is further welcome that the Bill will allow an interim death certificate to be issued to families in cases where a coroner's inquest has not been concluded. It is great that those who have campaigned for these changes have been listened to and that unnecessary stress will no longer be imposed on those grieving families if this Bill is passed.

Despite the progress the Department has pretty clearly made when listening to the advocates, there is always more work that can be done such as the changes proposed to the registration of infant stillbirths. This is an incredibly sensitive matter which represents tragedy and bereavement for thousands of families each year. The changes outlined in the Bill are welcome but signify only a start to addressing what has been up to this point a very clearly broken system. Under the legislation as it stands, only parents may view the details of infants on the stillbirth register. While I understand the reason for this being in place some years ago due to the intense personal nature of the matter, understanding of pregnancy and infant loss have developed much since then. Families directly affected by this issue are calling for a change.

The Stillbirth and Neonatal Death Association of Ireland, Féileacáin, has carried out unparalleled work for years to have stillborn babies recognised in public records, most notably with the Remember Our Names campaign which calls for an immediate amendment to section 8 of the Stillbirths Registration Act 1994 to make the stillbirth register public. Pregnancy loss in the form of miscarriage or stillbirth occurs in up to a quarter of all pregnancies, having a devastating impact on parents, other children and family members. We must do all we can to support these families through what can be incredibly traumatic circumstances.

Advocates such as those in Féileacáin agree that this Bill represents progress. If passed, the Civil Registration (Electronic Registration) Bill will make it possible for registrations of stillbirths to be made online. Furthermore, the organisation approves of the change in the definition of stillbirths from 24 to 23 weeks and from 500 g to 400 g. However, I stress that these changes must be enacted as soon as possible. We must also ensure that these limits are not set in stone, as medical advances mean that earlier premature babies will survive and this should be reflected in the definition of stillbirth. Passing this Bill represents an opportunity for the Government to work in the best interests of parents and families, given new understanding based on research and public attitudes towards stillbirths. It is imperative that it acts upon that.

I wish to mention another valuable piece of advocacy work carried out by Féileacáin. Under social protection regulations, mothers of stillborn infants born after 24 weeks of pregnancy are eligible for maternity leave benefits. However, mothers who experience miscarriages or loss before 24 weeks of pregnancy receive no entitlements at all. This means that a mere few days can make a significant difference. Some mothers might get 26 weeks of maternity benefits, allowing them financial breathing room to grieve and heal while others might only get five days of statutory sick leave before having to return to work. This is a harrowing reality that faces many women every year. A Government report released this year recommended implementing statutory paid leave for pregnancy loss that occurs before 24 weeks.

We urgently need progress on this. In addition, medical advancements in the treatment of younger premature babies need to be reflected in legislation.

We have all heard the stories of people who made their way down to the civil registry office with their prams only to miss an appointment by ten minutes. The fact that this can now be done online makes everybody's situation a lot easier. We welcome the Bill in that regard.

Minister of State at the Department of Social Protection (Deputy Joe O'Brien)

I thank the Deputies who contributed to the discussion this afternoon. I appreciate the support of Deputies across the board for progressing the measures contained in this Bill, which will have a positive impact on the interactions that citizens have with the State civil registration service and will greatly assist in the modernisation of the service. The introduction of online registration of births, deaths and stillbirths will allow a greater level of flexibility and robustness to parents and bereaved families as they carry out the registration duties that the State requires of them. The new system will operate in parallel with the current service operated by the HSE. This will ensure an in-person service is available to those who would prefer to use it. The notification of all deaths to the State will provide a timely and accurate flow of information and will ensure important data is available to any future development work in this area.

The introduction of lower criteria for assigning stillbirth status, and the new arrangements around multiple stillbirths, will be welcomed by families dealing with the sad loss of their child or children. These changes, coupled with a more accessible register of stillbirths and an open record of stillbirths, will also provide for information around the sad loss to be more available should the parents wish it. The introduction of an interim death certificate will be of assistance to those families who currently must wait until the inquiries into the circumstances of the death of their loved ones are fully complete. The other amendments in this Bill, though mainly technical, will significantly improve the integration of the online and in-person registration services. The changes I am introducing in this Bill will provide for a more streamlined and modern civil registration service to the public. I commend this Bill to the House.

Question put and agreed to.