Civil Registration (Amendment) Act 2014

PART 1 Preliminary and General

1.. Short title, collective citation and commencement

1.(1) This Act may be cited as the Civil Registration (Amendment) Act 2014.

(2) The Civil Registration Acts 2004 to 2013 and this Act may be cited together as the Civil Registration Acts 2004 to 2014.

(3) This Act, other than subsection (2) of section 19 and subsection (2) of section 26, shall come into operation on such day or days as the Minister for Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2.. Definition

2. In this Act “Principal Act” means the Civil Registration Act 2004.

PART 2 Amendment of Principal Act

3.. Amendment of section 2 of Principal Act

3. Section 2 of the Principal Act is amended by—

(a) in subsection (1), the insertion of the following definitions:

‘civil partnership of convenience’ means a civil partnership where at least one of the parties to the civil partnership—

(a) at the time of entry into the civil partnership is a foreign national, and

(b) enters into the civil partnership solely for the purpose of securing an immigration advantage for at least one of the parties to the civil partnership;

‘cohabitant’ shall be construed in accordance with section 172 of the Act of 2010;

‘enactment’ means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

‘evidence’ includes documentary evidence;

‘foreign national’ means a person who is neither an Irish citizen, nor a citizen of a member state;

‘immigration advantage’ means a determination in a person’s favour by or on behalf of the Minister for Justice and Equality of any question relating to the grant of a visa to, or the entry into, presence in or removal from the State of a foreign national or any determination of a right to enter or reside in the State pursuant to the—

(a) European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977),

(b) European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or

(c) European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006);

‘immigration status’ means entitlement of a person to reside in the State and the basis for that entitlement;

‘marriage of convenience’ means a marriage where at least one of the parties to the marriage—

(a) at the time of entry into the marriage is a foreign national, and

(b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage;”,

(b) in subsection (2) —

(i) in paragraph (e), the substitution of “sex,” for “sex, or”,

(ii) in paragraph (f), the substitution of “partnership, or” for “partnership.”, and

(iii) the insertion of the following paragraph after paragraph (f):

“(g) the marriage would constitute a marriage of convenience.”,

and

(c) in subsection (2A)—

(i) in paragraph (e), the substitution of “sex,” for “sex, or”,

(ii) in paragraph (f), the substitution of “married, or” for “married.”, and

(iii) the insertion of the following paragraph after paragraph (f):

“(g) the civil partnership would constitute a civil partnership of convenience.”

4.. Amendment of section 17 of Principal Act

4. Section 17 of the Principal Act is amended by the insertion of the following subsections after subsection (6):

“(6A) A Superintendent Registrar of a registration area, with the consent of the Executive given following consultation with an tArd-Chláraitheoir, may designate in writing a registrar assigned to that registration area to perform the functions of the Superintendent Registrar referred to in the designation in the absence (other than where the position of the Superintendent Registrar is vacant) of the Superintendent Registrar.

(6B) A registrar designated under subsection (6A) shall be accountable to the Superintendent Registrar concerned for the performance of the functions referred to in the designation.

(6C) The Superintendent Registrar shall be accountable to the Executive for the performance of the functions designated under subsection (6A).

(6D) The Superintendent Registrar, with the consent of the Executive, may in writing revoke a designation under subsection (6A).”

5.. Amendment of section 19 of Principal Act

5. Section 19 of the Principal Act is amended by—

(a) the insertion of the following subsection after subsection (1):

“(1A) It is the duty of a person referred to in paragraph (a) or (b) of subsection (1) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar.”,

(b) in subsection (3) —

(i) in paragraph (b), the substitution of “the birth,” for “the birth, and”, and

(ii) the insertion of the following paragraph after paragraph (b):

“(ba) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and”,

(c) the insertion of the following subsection after subsection (5):

“(5A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chláraitheoir of a request in that behalf, and an tArd-Chláraitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) or a qualified informant has not signed the register.”,

and

(d) in subsection (6), by the insertion of the following paragraph after paragraph (a):

“(aa) in so far as it relates to a child who makes a request under section 22(2)(d) or 23A(1), the child,”.

6.. Amendment of section 22 of Principal Act

6. (1) Section 22 of the Principal Act is amended by—

(a) the deletion of subsection (1),

(b) the insertion of the following subsections after subsection (1):

“(1A) Subject to subsection (1E)(a), the duty of a person referred to in section 19(1)(a) to comply with this Part applies notwithstanding that the father and mother of the child whose birth falls to be registered were not married to each other at the date of the child’s birth or at any time during the period of 10 months before such birth.

(1B) Where the mother of the child to whom subsection (1A) applies (in this section referred to as ‘the mother’)—

(a) attends under section 19(1) without the person (in this subsection and subsections (1C) to (1K) referred to as ‘the person’) whom she identifies to the registrar as the father of the child,

(b) gives, unless subsection (1D) applies, to the registrar the required particulars of the birth, and

(c) signs the register,

the registrar shall—

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) make all reasonable efforts to give notice in writing to the person requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is the father of the child.

(1C) A person given notice under subsection (1B)(ii) who agrees that he is the father of the child shall furnish to the registrar a statutory declaration, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and his required particulars and the required particulars relating to the surname of the child, and the registrar, subject to section 25A, shall complete the registration of the birth of the child with those required particulars and the person shall sign the register in the presence of the registrar and in that case the signature provided by the mother under subsection (1B)(c) shall be retained on the register.

(1D) A mother may furnish to a registrar a statutory declaration made by her and relied on by her to satisfy the registrar that one or more than one of the following compelling reasons exists so as to exempt her from her duty to furnish to the registrar required particulars in so far as they relate to the father of the child:

(a) she does not know the identity of the father of the child;

(b) she does not know the whereabouts of the father of the child;

(c) she believes that providing the information is not in the best interests of the safety of the child and in that case the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

(1E) The registrar, having considered the statutory declaration furnished under subsection (1D) shall—

(a) if satisfied that a compelling reason exists, register the birth of the child with required particulars, other than those relating to the father of the child, or

(b) if not satisfied that a compelling reason exists—

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) notify the mother of the child in writing that he or she is not satisfied that a compelling reason exists, giving reasons for the decision and requesting the mother to furnish required particulars in so far as they relate to the father of the child, and stating that she may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(1F) The mother may appeal against the decision of the registrar under subsection (1E)(b) in writing, in a form standing approved by an tArd- Chláraitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (1E)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal in accordance with subsection (1G).

(1G) In considering an appeal referred to him or her under subsection (1F) the Superintendent Registrar shall consider—

(a) all information furnished by the mother under subsection (1D)(c),

(b) the reasons furnished by the registrar under subsection (1E)(b),

(c) the notice of appeal under subsection (1F), and

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(1H) Having considered the matters referred to in paragraphs (a) to (d) of subsection (1G) the Superintendent Registrar shall decide to either—

(a) annul the decision of the registrar under subsection (1E)(b) and direct the registrar to register the birth of the child under subsection (1E)(a), or

(b) confirm the decision of the registrar under subsection (1E)(b).

(1I) A mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (1H)(b).

(1J) The jurisdiction conferred on the Circuit Court by subsection (1I) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

(1K) The registrar, if satisfied having made all reasonable efforts under subsection (1B)(b) (ii) that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father.”,

(c) in subsection (2) —

(i) the substitution of “(in this subsection referred to as ‘the person’) for “(‘the person’)”,

(ii) in paragraph (a) the deletion of “of the child (‘the mother’)”, and

(iii) the substitution of the following paragraph for paragraph (d):

“(d) if the mother, person, or the child to whom the registration relates, if he or she has attained the age of 18 years and so requests the registrar in writing and produces to him or her a document purporting to be a declaration made under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act and to be certified by or on behalf of the court to be a true copy of the declaration or order that the person is the father of the child.”,

(d) in subsection (3) —

(i) the deletion of “of a child to whom subsection (1) applies (‘the mother’)”,

(ii) the substitution of “fall to be registered under subsection (1C) or pursuant to a request under paragraph (a), (b) or (c) of subsection (2) ” for “fall to be registered under subsection (2) pursuant to a request under paragraph (a), (b) or (c) of that subsection”,

(iii) the substitution of the following paragraph for paragraph (b):

“(b) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation, or”,

and

(iv) the insertion of the following paragraph after paragraph (b):

“(c) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband (‘the husband’), and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child.”,

(e) the insertion of the following subsections after subsection (3):

“(3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband or former husband requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is not the father of the child.

(3B) The husband or former husband given notice under subsection (3A) who agrees that he is not the father of the child shall complete a statutory declaration under subsection (3)(a).

(3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband, and, having considered the statutory declaration of the mother under subsection (3)(c) —

(a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall register the person as the father of the child under subsection (1C), or paragraph (a), (b) or (c) of subsection (2), or

(b) if not satisfied that the mother has been living apart from the husband or former husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that—

(i) he or she is not so satisfied, giving reasons for the decision,

(ii) he or she is obliged to register the birth of the child with required particulars of the husband or former husband in so far as they relate to the father of the child, and

(iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(3D) The mother may appeal against the decision of the registrar under subsection (3C)(b) in writing, in a form standing approved by an tArd- Chláraitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

(3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider—

(a) all information furnished by the mother under subsection (3)(c),

(b) the reasons furnished by the registrar under subsection (3C)(b),

(c) the notice of appeal under subsection (3D), and

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(3F) Having considered the matters referred to in paragraphs (a) to (d) of subsection (3E), the Superintendent Registrar shall decide to either—

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to register the birth of the child under subsection (3C)(a), or

(b) confirm the decision of the registrar under subsection (3C)(b).

(3G) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3F)(b).

(3H) The jurisdiction conferred on the Circuit Court by subsection (3G) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.”,

(f) in subsection (4), the substitution of “shall so notify the other persons referred to in that provision as capable of making a request” for “shall notify the other person”,

(g) in subsection (5) —

(i) in paragraph (a), the deletion of “and”,

(ii) in paragraph (b), the substitution of “subsection (2), and” for “subsection (2).”, and

(iii) the insertion of the following paragraph after paragraph (b):

“(c) the child to whom the registration relates who has attained the age of 18 years if he or she has made or joined in the making of the request concerned under subsection (2).”,

and

(h) the insertion of the following subsection after subsection (5):