Dáil debates

Thursday, 25 April 2024

Civil Registration (Electronic Registration) Bill 2024: Second Stage

 

1:30 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

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.

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