I will take up where I was previously regarding the issue of deaths of Irish people abroad. I covered some of the other areas.
The Bill I produced in 2012 covered some of the shortcomings experienced by a number of Irish families who had loved ones die abroad. Currently, the law does not permit the registration of such deaths abroad. I am glad to note this is being taken care of and that the obstacles which impeded the introduction of these important measures have been overcome, enabling the Ministers to proceed. It has been quite a while coming and I am delighted to see progress. As I alluded to, there was a “Bring them home” campaign from Galway which was led by my colleague, Councillor Padraig Conneely, who led a delegation before the Joint Committee on Social Protection on this issue.
It is important the legal obstacles which impeded the introduction of these important measures have been overcome enabling the Ministers to proceed with this comprehensive Bill. Section 13 amends Part 5 of the Civil Registration Act 2004 and creates a new register of Irish deaths abroad through section 44B. Section 44C sets out the information an tArd-Chláraitheoir will require to register the death, while section 44D empowers an tArd-Chláraitheoir or an agent acting on behalf of his or her office to provide families, and even parents, siblings and partners, with the certificate reflecting the entry of the death on the Irish record of deaths abroad. Crucially, the Bill is retrospective in this regard. Families of Irish persons who have died abroad in the recent or distant past will be able to apply to have the death recorded on the new register of Irish deaths abroad and obtain an equivalent to an Irish death certificate.
I thank the Minister and the Department officials for their work on this area. It is an emotive issue for families who have suffered a bereavement abroad. Many parents and siblings of family members who have died abroad have been in contact with me stating that, for closure for them and their families, they want an Irish death certificate.
I am pleased the process is going through the Dáil and they will soon be able to receive the death certificate.
First Part of Speech delivered on Tuesday, 7th October 2014:
The Bill contains an array of changes to the Civil Registration Act 2004 which better reflect society. Among the changes are the validation of marriages and civil partnerships carried out in foreign embassies in the State, new provisions to deal with marriages or civil partnerships of convenience, the conferring of a duty on both parents of a child to comply with the registration of the birth of the child, and the conferring of a new duty that the father’s name and contact details be provided on the birth certificate, which is important as everyone has a right to know their parents and the father of a child has a right to be involved in his child’s upbringing. There are circumstances in which a mother can refuse to provide such information, namely, where she does not know the identity or whereabouts of the father or she believes that providing the information is not in the best interests of the safety of the child. In this case, the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.
I presume regarding not knowing the whereabouts of the father of the child, the issue is whether the father must concur that he is the father. Perhaps there should be some clarification of it. If the father is in England but the mother is confident that he is the father of the child, what must she prove? Why does she not have to disclose the name of the father if she does not know his whereabouts? I note the different treatment of civil partnership and marriage and the confirmation that marriage enjoys greater protection under law than civil partnerships. This is yet another reason we need to implement marriage equality, access to equal civil marriage to all regardless of sexual orientation, and I look forward to the referendum campaign in 2015.
Another change concerns an issue on which I have been working since my election to the House in 2011. In 2012 I introduced a new Bill, as the Minister alluded to, the Civil Registration (Amendment) (Domestic Registration of Death Records) Bill. I did so due to legal shortcomings concerning the registration of the deaths of Irish people while abroad. These shortcomings were acutely experienced by a number of Irish families who had experienced the trauma of a relative dying abroad. The law does not permit the registration of such deaths, with the result that no record of the deceased person exists on an Irish register and no Irish death certificate or equivalent can be issued. I am delighted the legal obstacles which impeded the introduction of these important measures have been overcome, enabling the Tánaiste and Minister for Social Protection, Deputy Burton, and the Minister of State, Deputy Kevin Humphreys, to proceed with this comprehensive Bill in a way which alleviates the burden for those who lose a loved one abroad. It has been a while coming and the delay in introducing this common-sense change to the law has, understandably, been of concern to parents who have suffered such grievance.
Some Members may remember the “help bring them home” campaign in Galway, which was established following one family’s experience of losing a son while on holiday in the US following a swimming accident. In 2010, Galway city councillor, Padraig Conneely, led a delegation which appeared before an Oireachtas committee on this issue. The Civil Registration (Amendment) Bill 2014, which was published in July and which has completed its passage through the Seanad, will finally address this sensitive issue. I am delighted the legal obstacles which impeded the introduction of these important measures have been overcome, enabling the Ministers to proceed with this comprehensive Bill to amend the Civil Registration Act 2004 in such a way as to ease the burden for those whose loved ones die abroad.
Debate adjourned.