Birth Information and Tracing Act 2022

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PART 9

Amendment of Civil Registration Act 2004

Register under Part 3B of Civil Registration Act 2004

57. The Act of 2004 is amended by the insertion of the following Part after Part 3A:

“PART 3B

Register under Part 3B

Definitions (Part 3B)

30F. In this Part—

‘affected person’, subject to section 30G(4), means a person to whom the following applies:

(a) an entry in the register of births relating to his or her birth was made on or before the 31st day of December 1980,

(b) in the entry referred to in paragraph (a), the name of a person other than his or her mother was entered as his or her mother, and

(c) the person named as mother and, if applicable, father, in the said entry assumed the role of a parent in relation to the person and treated that person as her or their lawful child,

and includes a person in respect of whom the entry in the register of births has been corrected or cancelled pursuant to section 63, 64 or 65;

‘register’ means the register established under Part 3B.

An tArd-Chláraitheoir may receive and request certain information concerning affected persons

30G. (1) Where the Child and Family Agency or such other person as may be prescribed by regulations under section 30L has within its possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, the Agency or person, as the case may be, shall provide the information and documents to an tArd-Chláraitheoir.

(2) Where an tArd-Chláraitheoir reasonably believes that a person has within his or her possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, an tArd-Chláraitheoir may, by notice in writing served on the person, require the person concerned to provide the information or documents to an tArd-Chláraitheoir for the purposes of determining whether or not the register of births correctly records the particulars of birth of the affected person concerned.

(3) A person shall comply with a notice under subsection (2) within such period (being a period of not less than 28 days) as is specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir, and in such manner as may be specified in the notice.

(4) In this section, ‘affected person’ includes a person whom an tArd-Chláraitheoir, the Child and Family Agency or a person or body prescribed by regulations under section 30L reasonably believes may be an affected person.

Correction, cancellation or registration of entries in register of births

30H. (1) Subject to subsections (2) and (3), where an tArd-Chláraitheoir is aware of an error of fact in an entry in the register of births in relation to the particulars of birth of an affected person (in this Part referred to as a ‘relevant entry’), and where, having considered any information or documents received in accordance with subsection (1) of section 30G or in accordance with a notice under subsection (2) of that section together with any submissions received in accordance with subsection (3), an tArd-Chláraitheoir is satisfied that the relevant entry is incorrect, he or she may—

(a) correct, or cause to be corrected, the relevant entry,

(b) cancel the relevant entry, or

(c) cancel the relevant entry and register the particulars of the birth of the affected person concerned in the register of births.

(2) Prior to making a correction, cancellation or registration under subsection (1), an tArd-Chláraitheoir shall make all reasonable efforts to notify in writing any person in relation to whom personal data is intended to be corrected, cancelled or registered of his or her intention to make the correction, cancellation or registration.

(3) A person notified in accordance with subsection (2) or, where the person is unable to do so because of age, illness or disability, a person acting on his or her behalf, may make a submission to an tArd-Chláraitheoir in relation to the proposed correction, cancellation or registration within such period (being a period of not less than 28 days) as may be specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir.

(4) In this section—

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016² on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

‘personal data’ has the meaning it has in the General Data Protection Regulation.

Register under Part 3B

30I. (1) An tArd-Chláraitheoir shall establish and maintain a register (in this Act referred to as the ‘register under Part 3B’).

(2) Where an tArd-Chláraitheoir has made a correction, cancellation or registration in accordance with section 30H, he or she shall enter the particulars to which this section applies in the register.

(3) Any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora.

(4) In this Act, a reference to the particulars to which this section applies is a reference to the particulars of birth of an affected person entered in a relevant entry.

Index to register and privacy (Part 3B)

30J. (1) An tArd-Chláraitheoir shall maintain an index to the register.

(2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee—

(a) search the register and the index to that register, or

(b) give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register specified by the person.

(3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2) :

(a) the person to whom the entry on the register relates;

(b) a person who is, in relation to the person referred to in paragraph (a) —

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, a child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a brother or sister,

or

(c) any other person who an tArd-Chláraitheoir, in his or her discretion, determines.

(4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and ‘true copy’ in that subsection shall be construed accordingly.

(5) The Minister, by regulations under section 30L, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).

Separate index of connections between register and register of births

30K. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births.

(2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

Regulations (Part 3B)

30L. (1) The Minister, following consultation with the Minister for Children, Equality, Disability, Integration and Youth and an tArd-Chláraitheoir, may make regulations to ensure the effective operation of this Part including, but not limited to, regulations prescribing—

(a) a person for the purposes of section 30G(1), and

(b) the particulars of birth and parentage to be included in a certified copy, provided under this Part, of an entry in the register.

(2) A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

² OJ No. L 119, 4.5.2016, p.1