Pat Casey (Fianna Fail)
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I welcome the Minister of State, Deputy Joe O'Brien.

Joe O'Brien (Dublin Fingal, Green Party)
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I thank Senators for facilitating an early date for consideration of this important legislation. The Bill seeks to improve and update our civil registration legislation and associated registration processes. It will allow parents and bereaved families to use an online registration facility to register a birth, death or stillbirth online. In addition, the Bill proposes to update the criteria for stillbirths, revise procedures where a death has been referred to a coroner and provide for 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 and a verified MyGovID account. It will operate in parallel with the existing in-person civil registration service provided by the HSE. The requirement for an online option became evident both during the Covid-19 pandemic, when it was not possible to allow physical attendance by parents at an HSE civil registration office, and, more recently, when registration staff could not access internal IT systems during the cyberattack on the HSE. Providing another method of civil registration, as proposed in the Bill, will provide for resilience in the registration process in the event of any future incidents and ensure 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, the Bill will provide, for the first time, a method for the notification of a death to the State. This is essential in ensuring an accurate and timely gathering of death information for the State and will allow important information on deaths to be available for analysis and future systems planning. There are proposed changes to the way deaths that are reportable to a coroner under the Coroners Act 1962 are registered. The Bill will allow a coroner to refer a death back to the hospital or institution if he or she determines that the circumstances around the death do not warrant an investigation or inquiry by the coroner. Where the coroner is investigating the death, the Bill provides that an interim death certificate can be issued to bereaved families confirming the death of their loved one.This interim death certificate will ensure that families can deal with the administrative burdens around the estate of the deceased while the coroner completes their duties in relation to the death. When the coroner completes their duties, the Bill reduces the amount of information or required particulars around the death that the coroner needs to provide to a registrar. The remaining required particulars will be provided by the next of kin of the deceased. This will assist the registration service in capturing all the required particulars of a death that are set out in the Civil Registration Act 2004.

The Bill also proposes to make changes to the area of stillbirths. There have been ongoing clinical advances in neonatal care, both nationally and internationally, and in the context of these improved outcomes, the HSE’s national women and infants health programme, NWIHP, has recommended that the definition of stillbirth, as set out in the Civil Registration Act 2004, should be updated. The Bill, therefore, intends to lower the threshold for assigning stillborn status by reducing the gestational age limit from 24 to 23 weeks, the minimum weight from 500 g to 400 g and making improved provision for stillbirths where multiple births are concerned. Access to the register of stillbirths will also be broadened to additional family members. A new record of stillbirths, to allow those families who wish to allow public access to the details of their stillborn child, will be created. This 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 also 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 Act. Section 2 outlines the definitions of certain terms used throughout the Act. Section 3 provides for a change in the criteria determining stillbirths by reducing the gestational age limit from 24 to 23 weeks, 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 align 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 t-árd 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 that the information to be provided by the Minister for Health under the Children and Family Relationships Act 2015 will be sent to an t-árd chláraitheoir. Section 7 provides for technical amendments to section 25A where there is a failure to agree on 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 in relation to 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 that 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 when 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 in relation 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 t-árd 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 in relation 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 of 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 medical-certified cause of death certificate issued to them by a medical practitioner. This section will also provide for a prescribed set of required particulars to be included in a coroner’s report, with the remaining required particulars of the death furnished to the registrar by the next of kin of the deceased.

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 a 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 investigation is ongoing.

Section 14 introduces a requirement that all deaths occurring within the State are to be notified to an t-árd 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 of 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 in the provision of searches and certificates, the staff of the civil registration service. 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 to entries in a register made using the online registration 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.

There were two amendments introduced in Dáil Éireann that have been adopted and are now included in the Bill before us today.There were two amendments introduced in Dáil Éireann that were adopted and they are now included in the Bill. The first introduced the reduced set of required particulars that a coroner needs to provide under the Coroner's Act, which I have referred to in respect of section 12 of the Bill. The second amendment is a technical one and is covered under section 25 of the Bill. Section 25 provides for the deletion of section 6 of the Civil Registration Act 2019. Section 6(a) will be deleted as it is no longer required. The functions of the subsection have been superseded by the insertion of section 12 of the new Bill.

As I stated in the Dáil, some major amendments to the civil registration process are proposed in this Bill. The Bill seeks to modernise the system of civil registration, which has remained relatively unchanged over the past 100 years. Improvements to the ways citizens interact with the civil registration service will be introduced by making use of technology and modernising the provision of important public services by the State. This Bill also legislates for important registration provisions that affect the lives of those who have suffered pain and loss through the death of a loved one or the loss of a stillborn child.

I look forward to hearing Senators' views and working with them to make progress on this important legislation as quickly as possible.

Catherine Ardagh (Fianna Fail)
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I thank the Minister of State for coming to the House today. Fianna Fáil supports this Bill. As the Minister of State mentioned, it provides for amendments to the Civil Registration Act 2004, as amended, to provide for online registration of births and stillbirths and faster notification of births and stillbirths by medical practitioners and institutions. It also provides for the revision to the criteria determining stillbirths. I pay credit to our former colleague Regina Doherty because changing the criteria for stillbirths is something she has been championing for a long time. The criteria were very unfair to families. It is heartbreaking for families when it is not possible to register a child born before 23 weeks. The provision is very welcome.

The legislation will broaden access to the stillbirth register and create a new record of stillbirths, which is very welcome. The Bill represents a revision to the registration of deaths to enable faster notification and registration and makes changes where deaths are referred to a coroner. It provides for the online notification and registration of deaths and allows the Department of Health to share information with the National Donor-Conceived Person Register, which marries with other legislation on assisted human reproduction. It makes related provisions for corrections or amendments to registrations. It addresses the need to rectify conflicting insertions of section 2(2)(g), relating to marriages and marriages of convenience, into the Civil Registration Act 2004. It amends the Civil Registration Act to allow the registration online of a stillbirth or death to have legal validity equal to that of a registration in person made according to the current provisions. It amends the text of the Civil Registration Act to enable the registration of fathers in certain circumstances and it allows an tArd-Chláraitheoir to issue guidance to superintendents.

We gather today to discuss this legislation to deal with how we handle civil registration. It is a significant step in modernising and ensuring efficiency and accuracy in our registration process. It shows that we are innovative. It is not just a matter of convenience but also of ensuring diligence and factual accuracy. During the Covid pandemic, we saw that people were not able to register deaths, births and marriages, but this legislation will rectify that if such a pandemic happens again.

The implementation of this legislation will have many advantages. It is vital legislation that will greatly modernise our registration system and deliver a proper service that the people of Ireland are very much calling for. I commend the Bill to the House.

Garret Ahearn (Fine Gael)
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I welcome the Minister of State and his officials to the Chamber. I thank the Minister of State for the work that he and the Department have done on this Bill. I am covering for Senator Paddy Burke, who could not be here. The Bill will have the support of the Fine Gael Party. As the Minister of State said towards the end of his speech, the Bill is essentially just to modernise the system. As someone who had two boys during the Covid pandemic, I understand the difficulty that was posed for parents who had to register births during that period. This could arise again. By making these changes, things will be made much easier for parents who have a birth to register.

As Senator Ardagh touched upon, we are making it a little easier for people who are going through a very difficult time owing to a death or stillbirth to make a registration without any complication or delay. That is important for people going through a very difficult period. As Senator Ardagh said regarding stillbirths, this has been called for by several people in this Chamber and it is very welcome. It is challenging enough for people at a difficult time without having to go through other difficulties in registering something really important to them.

We will have more time to discuss this further on Committee Stage, when there will be amendments, and during Report and Final Stages. There are many changes in the Bill but they are all for the good and to modernise the system.

Mark Wall (Labour)
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I welcome the Bill and I welcome the Minister of State to the House. As my two colleagues have said, this Bill is very timely given what occurred during the Covid pandemic. It is also very timely for those who have experienced a stillbirth. I have dealt with several families that have unfortunately gone through this process. It is very welcome that such people will no longer have to make the declaration in person and will be able to do so online. A stillbirth represents a very difficult time for families, as has been said by my colleagues, so this Bill is a very important step forward. Much work has been done on this in the Houses and through various parties. It is all for the good of families at their most difficult time.

I have a question on the registration of deaths. I recently had to deal with six different departments to register the unfortunate death of a family's loved one. I am wondering whether the Bill will result in more efficiency, particularly through the Department of Social Protection, such that when a death is notified, all relevant Departments and the various pension authorities, etc., will also be notified. There is an issue concerning the death certificate, which is used by various Departments and particularly community welfare officials in respect of the funeral grant. I hope this legislation will assist in the process so information will be available on time and the process will be a lot easier for families. It is a very difficult time for families. I have been in several houses in recent years where I have had to sit down to fill out several forms and send several emails. This legislation presents an opportunity to streamline the system. I have stated at a meeting of the Oireachtas social protection committee that we need to do something like this. I hope that, through this Bill, we are starting to make it easier for families at their most difficult times. The Bill is very much welcomed by the Labour Party. It is an important step forward and an important step for so many families.

Fintan Warfield (Sinn Fein)
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I welcome the Bill. I wish to make a couple of wider points that do not necessarily apply to the Minister of State's Department but certainly do apply to the Government. Sinn Féin welcomes the Bill. We believe greater flexibility in registering major life events is to be welcomed. The Bill brings us into line with other countries by allowing us to register life events online in addition to being able to do so in person. I hope the advancement will make it easier for people in times of joy and grief.

We welcome the Bill's provision on the issuing of an interim death certificate where a coroner's inquest has not been concluded. Many grieving families have long campaigned for this. I welcome the fact that their calls have finally been heard.

Despite the clear work done by the Department in listening to advocates, there is still more that can be done. In this regard, I would like to raise the issue of stillbirths in particular. This is an incredibly sensitive matter that represents unimaginable tragedy and bereavement for thousands of parents every year. There is currently no bereavement leave or benefit for parents who experience a stillbirth, and this is something we would like to see the Government address. The changes on stillbirths in the Bill are welcome but are only a start in changing what is a deeply flawed system. I acknowledge that this probably falls under the Department of Children, Equality, Disability, Integration and Youth but the Department of Social Protection could extend or introduce the benefit payment for those who have suffered on account of a stillbirth. We could do that at a relatively low cost. Sinn Féin costed it in its alternative budget. It does not involve a huge amount of money. We are talking about a very small amount. Unfortunately, there are 120 stillbirths per annum in Ireland.In terms of the wider financial situation, it would need a lot of money to extend parental leave or benefit to families who experience stillbirth.

On digitalisation, I would like to address the current IT infrastructure within the HSE. We need to bring in a fit-for-purpose IT infrastructure with regard to protection and defence. Not only do we need to ensure that 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 that it needs to be. While we welcome this provision allowing engagement with the State online, it needs to be developed right across society and all Government operations.

Sinn Féin supports the Bill. Nonetheless, I would encourage the Minister and the Government to look into the other issues.

Joe O'Brien (Dublin Fingal, Green Party)
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I thank all Senators who contributed to the discussion. I very much appreciate their support across the board for progressing the measures contained in the Bill. These measures, combined with the technical changes to the civil registration computer system, will have a positive impact on how the State’s civil registration service operates and interacts with our citizens.

I want to give an initial response to the points made by Senator Wall. The answer is “Yes” in terms of efficiency. Certainly, the registration process can be faster if it is done online and the interim death certificate process will allow the other processes that follow the death of a family member to carry on. While we can always improve interdepartmental and inter-agency co-operation, this is a good springboard to work from.

I acknowledge the points made by Senator Warfield. It is important to note that maternity leave continues after a stillbirth and that the maternity leave entitlement holds. I acknowledge the Senator’s other points with regard to the benefit.

I acknowledge those initial contributions. I reiterate that the introduction of online registration of births, deaths and stillbirths will provide a more streamlined and modern civil registration service for the Irish public. The maintenance of the in-person nationwide service provided by the HSE also allows a greater level of flexibility and robustness to parents and bereaved families, and ensures that all users of the registration service are catered for. The proposal to automatically notify all deaths to the State will, for the first time, provide a timely and accurate flow of data, which will be beneficial to State bodies and organisations and allow real-time mortality data to feed into future planning models.

Although the amendments in this Bill are mainly technical, there are provisions that have significance for those who have suffered the sad loss of a stillborn child. The Bill will introduce lower criteria for assigning stillborn status, as well as a new arrangement for multiple stillbirths. In addition, there will be a more accessible register of stillbirths and an open record of stillbirths.

I again thank Senators for their co-operation and look forward to further debate on the remaining Seanad Stages.

Pat Casey (Fianna Fail)
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When is it proposed to take Committee Stage?

Catherine Ardagh (Fianna Fail)
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Next Tuesday.

Pat Casey (Fianna Fail)
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Is that agreed? Agreed.

Catherine Ardagh (Fianna Fail)
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I propose that we suspend until 6.15 p.m.

Pat Casey (Fianna Fail)
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Is that agreed? Agreed.