Civil Registration (Electronic Registration) Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Civil Registration (Electronic Registration) Act 2024.

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

2. Definitions

2. In this Act—

“Act of 2004” means the Civil Registration Act 2004;

“Act of 2014” means the Civil Registration (Amendment) Act 2014.

PART 2 Amendment of Civil Registration Act 2004

3. Amendment of section 2 of Act of 2004

3. Section 2 of the Act of 2004 is amended—

(a) in subsection (1)—

(i) by the insertion of the following definition:

“ ‘Act of 2005’ means the Social Welfare Consolidation Act 2005;”,

and

(ii) by the substitution of the following definition for the definition of “stillborn child”:

“ ‘stillborn child’ means—

(a) a child who, at birth—

(i) weighs not less than 400 grammes, or

(ii) has a gestational age of not less than 23 weeks,

and shows no sign of life, and

(b) in the case of a multiple pregnancy, where one of the children is a ‘stillborn child’ within the meaning of paragraph (a), any other child who, at birth—

(i) weighs not less than 200 grammes, and

(ii) shows no signs of life,

and any reference to “stillbirth” or “stillborn” shall be construed accordingly;”,

and

(b) in subsection (2)—

(i) in paragraph (f), by the substitution of “partnership,” for “partnership, or”,

(ii) in paragraph (g) (inserted by section 3(b) of the Act of 2014), by the substitution of “convenience, or” for “convenience.”, and

(iii) by the designation of paragraph (g) (inserted by section 4(c) of the Marriage Act 2015) as paragraph (h).

4. Amendment of section 8 of Act of 2004

4. Section 8(1)(h) of the Act of 2004 is amended by the substitution of “Superintendent Registrars and registrars” for “registrars”.

5. Amendment of section 19 of Act of 2004

5. Section 19 of the Act of 2004 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to the provisions of this Part, when a child is born in the State, it is the duty of—

(a) the parents or, if one of the parents is dead, the surviving parent of the child, or

(b) if both of the parents are dead or incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with this subsection in relation to the birth,

not later than 3 months from the date of the birth—

(i) to attend before any registrar and there to—

(I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth and to furnish 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

(II) after the registrar has entered the required particulars in relation to the birth in the register, sign the register in the presence of the registrar,

or

(ii) to provide to an tArd-Chláraitheoir, to the best of his or her knowledge and belief, the required particulars of the birth (together with such other information or documents relating to the required particulars as may be specified by an tArd-Chláraitheoir) by electronic means in such manner as an tArd-Chláraitheoir may specify.”,

(b) by the deletion of subsection (1A),

(c) by the insertion of the following subsection after subsection (1A):

“(1B) Subsection (1)(ii) shall only apply where the person required to provide the particulars, information or documents concerned has been issued with a public services card (within the meaning of the Act of 2005).”,

(d) by the substitution of the following subsection for subsection (4):

“(4) Where paragraph (i) of subsection (1) or, as the case may be, paragraphs (a) to (c) of subsection (3), has or have been complied with in relation to a birth, the registrar concerned shall register the birth in such manner as an tArd-Chláraitheoir may direct.”,

and

(e) by the insertion of the following subsection after subsection (4):

“(4A) Where paragraph (ii) of subsection (1) has been complied with in relation to a birth, the birth shall be registered in a manner specified by an tArd-Chláraitheoir.”.

6. Amendment of section 19A of Act of 2004

6. Section 19A of the Act of 2004 is amended—

(a) in subsection (5)(a), by the substitution of “paragraph (i)” for “paragraphs (i) to (iii)”,

(b) in subsection (8), by the substitution of “an tArd-Chláraitheoir” for “the registrar” in each place where it occurs, and

(c) in subsection (9), by the substitution of “an tArd-Chláraitheoir” for “the registrar”.

7. Amendment of section 25A of Act of 2004

7. Section 25A of the Act of 2004 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Notwithstanding the duty of a person under this Part to provide the surname of the child as a required particular of the registration of the birth, the registrar shall register the birth of a child, or an tArd Chláraitheoir shall cause the birth of a child to be registered without the surname of the child, where—

(a) the registrar, or as the case may be, an tArd-Chláraitheoir, is satisfied that the parents of the child do not agree regarding a surname for the child, or

(b) the birth is registered under subsection (1E)(b)(i) of section 22.”,

(b) by the deletion of subsection (2), and

(c) in subsection (3), by the deletion of “or under subsection (1E)(a) or (1K) of section 22”.

8. Amendment of section 28 of Act of 2004

8. Section 28 of the Act of 2004 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to the provisions of this Part, when a child is stillborn—

(a) the parents or, if one of the parents is dead, the surviving parent of the child, or

(b) if both of the parents are dead, a relative of either parent,

may—

(i) attend before any registrar and there—

(I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3), and

(II) after the registrar has entered the required particulars in relation to the stillbirth in the register, sign the register in the presence of the registrar,

or

(ii) provide to an tArd-Chláraitheoir to the best of his or her knowledge and belief the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3), by electronic means in such manner as an tArd-Chláraitheoir may specify.”,

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

“(1A) Subsection (1)(ii) shall only apply where the person providing the particulars concerned has been issued with a public services card (within the meaning of the Act of 2005).”,

(c) in subsection (2), by the substitution of “paragraph (i)” for “paragraphs (i) to (iii)”, and

(d) by the insertion of the following subsection after subsection (2):

“(2A) Where a person referred to in subsection (1) has taken the steps specified in paragraph (ii) of that subsection in relation to a stillbirth, the stillbirth shall be registered in a manner specified by an tArd Chlaraitheoir.”.

9. Amendment of section 30 of Act of 2004

9. Section 30 of the Act of 2004 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) It shall be the duty of the chief officer (by whatever name called) of a hospital or other institution in which a child is born or stillborn, or a person authorised by the chief officer to perform his or her functions, as soon as is practicable and, in any case, not later than 5 working days after the birth or stillbirth, to notify the Superintendent Registrar in whose registration area the hospital is situated of the birth or stillbirth in such manner as an tArd-Chláraitheoir may direct.”,

(b) in subsection (2), by the insertion of “and, in any case, not later than 5 working days” after “as soon as is practicable”, and

(c) by the insertion of the following subsections after subsection (2):

“(3) Where a child is born or stillborn other than in a hospital or other institution and there is no medical practitioner or midwife present at the birth or stillbirth, it shall be the duty of—

(a) the parents or, if one of the parents is dead, the surviving parent of the child, or

(b) if the parents are dead or incapable through ill health of complying with this subsection, a person present at the birth or stillbirth,

as soon as practicable and, in any case, not later than 5 working days after the birth or stillbirth, to notify the Superintendent Registrar in whose registration area the birth or stillbirth occurs of the birth or stillbirth in such manner as an tArd-Chláraitheoir may direct.

(4) A notification under this section shall contain the required particulars in relation to the birth or stillbirth as are known to the best of the knowledge and belief of the person providing the notification.

(5) A Superintendent Registrar who is notified under subsection (3) may request from the person who provided the notification such evidence in his or her possession, or within his or her power to so furnish, relating to the birth or stillbirth as he or she considers necessary, and the person shall comply with that request.”.

10. Record of stillbirths

10. The Act of 2004 is amended by the insertion of the following Part after Part 3B:

“PART 3C

Record of Stillbirths

Record of stillbirths

30M. (1) An tArd-Chláraitheoir shall establish and maintain a record of stillbirths (in this Act referred to as the ‘record of stillbirths’).

(2) The following persons may, in respect of an entry in existence in the register of stillbirths, apply to an tArd-Chláraitheoir to enter such particulars of that entry as may be specified by an tArd-Chláraitheoir in the record of stillbirths, namely—

(a) a parent of the stillborn child concerned,

(b) where both parents are dead, a relative of either parent, and

(c) such other person as an tArd-Chláraitheoir may, in his or her discretion, determine.

(3) The record of stillbirths may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the record.

(4) An tArd-Chláraitheoir shall, on application to him or her in that behalf by a person—

(a) search the record of stillbirths, or

(b) give the person a certified copy or a copy of an entry in the record of stillbirths specified by the person.”.

11. Amendment of section 37 of Act of 2004

11. Section 37 of the Act of 2004 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to subsection (4A), when a death occurs in the State, it is the duty of—

(a) a relative, civil partner, cohabitant, next of kin, personal representative or religious superior of the deceased who has knowledge of the required particulars in relation to the death, and

(b) if there is no such relative, civil partner, cohabitant, next of kin, personal representative or religious superior who can be found or if every such person is incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with this subsection in relation to the death,

within 28 days from the date of the death—

(i) to attend before any registrar and there to—

(I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the death and to furnish such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the death as may be requested by the registrar, and

(II) after the registrar has entered the required particulars in relation to the death in the register, sign the register relating to the death in the presence of the registrar,

or

(ii) provide to an tArd-Chláraitheoir, to the best of his or her knowledge and belief, the required particulars of the death as are known to him or her (together with such other information or documents relating to the required particulars as may be specified by an tArd-Chláraitheoir) by electronic means in such manner as an tArd-Chláraitheoir may specify.”,

(b) by the deletion of subsection (1A),

(c) by the insertion of the following subsection after subsection (1A):

“(1B) Subsection (1)(ii) shall only apply where the person required to provide the particulars, information or documents concerned has been issued with a public services card (within the meaning of the Act of 2005).”,

(d) in subsection (2)—

(i) by the substitution of “28 days” for “3 months”,

(ii) by the deletion of “or (1A)”, and

(iii) in paragraph (b), by the deletion of “and, if so requested by the registrar, the relevant certificate under section 42”,

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

“(3B) Where paragraph (i) of subsection (1) has been complied with in relation to a death, the registrar concerned shall register the death in such manner as an tArd-Chláraitheoir may direct.

(3C) Where paragraph (ii) of subsection (1) has been complied with in relation to a death, the death shall be registered in such manner as may be specified by an tArd-Chláraitheoir.”,

and

(f) by the insertion of the following subsection after subsection (4):

“(4A) This section shall not apply where subsection (1) or (2)(a) of section 41 applies.”.

12. Amendment of section 41 of Act of 2004

12. Section 41 of the Act of 2004 is amended—

(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):

“(2) Where a coroner inquires into the circumstances of a death without holding an inquest or causing a post-mortem examination to be made, he or she shall—

(a) give the appropriate registrar a certificate containing such required particulars of the death concerned as may be specified by an tArd Chláraitheoir, or

(b) refer the death—

(i) where the death occurred in a hospital or other institution, to the chief officer (by whatever name called) of the hospital or other institution in which the death occurred, or a person authorised by the chief officer to perform his or her functions, or

(ii) where the death occurred other than in a hospital or other institution, to the medical practitioner who attended to the deceased person immediately before or after the death occurred,

and that person shall notify an tArd-Chláraitheoir of the death in the manner as set out in section 42.”,

(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.”,

and

(d) in subsection (3), by the substitution of “(2)(a)” for “(2)”.

13. Furnishing of corroborated particulars of death certificate to qualified informant by coroner

13. The Act of 2004 is amended by the insertion of the following section after section 41:

“Furnishing of corroborated particulars of death certificate to qualified informant by coroner

41A. (1) Where a death has been referred to a coroner in pursuance of the Coroners Act 1962 and the coroner has not yet issued a certificate in relation to the death to a registrar under subsection (1) or (2)(a) of section 41, a qualified informant may request in writing that the coroner issue to him or her a corroborated particulars of death certificate and the coroner shall comply with that request.