Dáil debates

Wednesday, 19 June 2024

Civil Registration (Electronic Registration) Bill 2024: Report and Final Stages

 

7:45 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Amendments Nos. 1 and 6 are related and may be discussed together.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I move amendment No. 1:

In page 5, to delete lines 9 to 11 and substitute the following:

“corroborated particulars of death certificates; to amend the Social Welfare Consolidation Act 2005, the Civil Registration (Amendment) Act 2014 and the Civil Registration Act 2019; and to provide for related matters.”.

The first amendment proposes to amend the Long Title of the Civil Registration (Electronic Registration) Bill 2024 to incorporate a proposed change to the Civil Registration Act 2019.

Amendment No. 6 proposes to delete paragraph (a) of section 6 of the Civil Registration Act 2019. This paragraph has not yet been commenced and would have allowed a coroner to request information from a next of kin to assist in fully completing a coroner's certificate related to a death. The Civil Registration (Electronic Registration) Bill, however, proposes to remove the need for the coroner to provide all the required particulars in a death. The next of kin will, as a result, be able to supply any remaining particulars directly to the registrar.

Amendment agreed to.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Amendments Nos. 2 to 5, inclusive, are related and may be discussed together.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I move amendment No. 2:

In page 12, to delete line 16 and substitute the following: “(a) in subsection (1), by the substitution of “such required particulars of the death concerned as may be specified by an tArd-Chláraitheoir” for “the required particulars of the death concerned and that registrar shall register the death in such manner as an tArd-Chláraitheoir may direct”,

(b) by the substitution of the following subsection for subsection (2):”.

This group of amendments relates to the providing of required particulars of a death where that death is the subject of an inquiry or investigation by a coroner under the Coroners Act 1962. These amendments have been identified by the General Register Office through its engagement with the Coroners Society and the Department of Justice on the workings of the new Bill. Coroners often have difficulty in determining required particulars that are personal to the deceased and the family of the deceased. The amendments will enable the next of kin to provide these more personal details and allow a fuller capturing of all the required information concerning the death. They will facilitate the capturing of all the required particulars or information concerning a death in circumstances where the death is referred to a coroner.

Amendments Nos. 2 and 3 change the requirement for a coroner to provide all the required particulars of a death. The coroner will now only be required to provide certain required particulars that will be specified by an tArd-Chláraitheoir. These particulars will include cause of death, date of death and name of deceased and will be agreed between the GRO, the Coroners Society and the Department of Justice.

Amendment No. 4 provides for the registration of a death referred to a coroner. The registrar will liaise with the next of kin to provide the remaining required particulars of the death. The next of kin will replace the coroner as the qualified informant in relation to the death. This amendment also provides for circumstances where the next of kin is unable to physically attend the office of a registrar.

Amendment No. 5 makes a technical amendment to allow for a death certificate to be valid where a qualified informant was unable to sign the register in circumstances as set out in amendment No. 4.

Amendment agreed to.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I move amendment No. 3:

In page 12, to delete lines 20 to 22 and substitute the following: “(a) give the appropriate registrar a certificate containing such required particulars of the death concerned as may be specified by an tArd-Chláraitheoir, or”.

Amendment agreed to.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I move amendment No. 4:

In page 12, between lines 32 and 33, to insert the following: “(c) by the insertion of the following subsections after subsection (2):
“(2A) Upon receipt of a certificate furnished under subsection (1) or (2)(a), a registrar shall serve a notice on a person referred to in paragraph (a) or (b) of section 37(1) requiring the person—
(a) to attend before a registrar within such time (not being less than 10 days after the date of the notice) as may be specified in the notice,

(b) there, to give to the registrar, to the best of the person’s knowledge and belief, such required particulars of the death as have not already been provided under subsection (1) or subsection (2)(a) and to furnish such evidence in the person’s possession, or within the person’s power to so furnish, relating to those required particulars of the death as may be requested by the registrar, and

(c) after the registrar has entered all the required particulars in relation to the death in the register, sign the register relating to the death in the presence of the registrar.
(2B) Where paragraphs (b) and (c) of subsection (2A) have been complied with in relation to a death, the registrar concerned shall register the death in such manner as an tArd-Chláraitheoir may direct.

(2C) Where the registrar is of the view that exceptional circumstances exist which prevent a person on whom a notice is served under subsection (2A) without undue hardship from attending before the registrar and signing the register in accordance with that subsection, the registrar shall request the Superintendent Registrar of the registration area to which the registrar is assigned to cause the death to be registered notwithstanding that a qualified informant has not signed the register, and shall give to the Superintendent Registrar such evidence (if any) as he or she considers supports this view with such request.

(2D) Upon a request being made to him or her under subsection (2C), a Superintendent Registrar shall notify the request to an tArd-Chláraitheoir and shall provide an tArd-Chláraitheoir with such evidence as he or she has been given under subsection (2C).

(2E) An tArd-Chláraitheoir may direct the Superintendent Registrar to cause a death to be registered notwithstanding that a qualified informant has not signed the register where upon receipt of a notification under subsection (2D), he or she is satisfied that the exceptional circumstances referred to in subsection (2C) exist.”,”.

Amendment agreed to.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I move amendment No. 5:

In page 16, to delete lines 17 and 18 and substitute the following: “(b) an entry in the register of deaths where subsection (3A) or (3C) of section 37 applies or where subsection (2E) of section 41 applies.”.”.

Amendment agreed to.

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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I move amendment No. 6:

In page 18, after line 24, to insert the following:
“PART 5

AMENDMENT OF CIVIL REGISTRATION ACT 2019
Amendment of section 6 of Civil Registration Act 2019

25. Section 6 of the Civil Registration Act 2019 is amended by the deletion of paragraph (a).”.

Amendment agreed to.

Bill, as amended, received for final consideration and passed.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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The Bill will be sent to the Seanad. Cuirfear an Bille chun an tSeanaid anois.