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Revolutionary legislation aimed at transforming the
keeping of public records is being seen as an insult to men.
Marie O'Halloran reports
Parents of a baby born on a Monday could have child benefit in
their accounts by Thursday. Wedding ceremonies will no longer have
to take place exclusively in a church or registry office. And an
individual seeking various benefits will have to do only one means
test, rather than a separate one for each health or social welfare
benefit.
These are among the advantages of a revolutionary piece of
legislation, the Civil Registration Bill, which the Minister for
Social and Family Affairs, Mary Coughlan, believes is a "flagship
initiative" which will cut red tape.
Once the Bill becomes law, all life events including births,
deaths, marriages, stillbirths and adoptions, will be kept on
electronic rather than paper registers. New registers for divorce
and civil nullity will also be established. According to the
Minister's figures some 60,000 births, 400 stillbirths, 250 Irish
adoptions, 336 foreign adoptions, 20,000 marriages and 30,000 deaths
were registered in 2002.
But parts of the Bill have provoked allegations of discrimination
and extensive debate in the Dáil. The legislation requires that when
a couple is married, both mother and father must supply detailed
information about themselves.
If the couple is not married, however, the father is not obliged
to supply information. If there is co-operation there is no problem,
otherwise a court order is required to put the father's name on the
certificate.
The provision has been dubbed a "lads' charter", letting men "off
the hook" and discriminating against women. The Law Society made a
submission to the Minister last month expressing concern about the
practicality of the clause, and the voluntary organisation Parental
Equality, which supports shared parenting, says it is insulting to
men. Its chairman, Liam Ó Gogain, describes the section as
"continuing the downgrading of the concept of fatherhood". He says
it is creating a culture where the State views fatherhood as
optional and "by inference unimportant".
It is a "fundamental insult", embedding a view of unmarried
fathers as "feckless" and he adds that while it "might be a
lads' charter, it is not a dads' charter".
Margaret Dromey, director of Treoir, the federation of services
for unmarried parents, believes the big loser is the child. The
legislation was "bad draftsmanship" and a lost opportunity to do
what was best for children. "A child has a right to know who they
are and to know who both parents are." Part of the problem in
acrimonious cases is the "myth that the father gets rights by having
his name on the certificate. He doesn't." Increasingly, the
father's name goes on the birth certificate, but still in only 70
per cent of cases, even if the father wants to be included. "The
woman has the veto." She says the Bill could have moved in the
direction of making registration of both parents the norm, except in
very sensitive or distressing cases.
"Instead it operates the other way around," and Dromey believes
it will be challenged in the courts. However, the Minister said in
the Dáil that the emphasis was on facilitating the registration of
the child's father's details through the co-operation of both
parents.
Coughlan insisted the section complied with "best practice" and
pointed out that "there would be practical and legal difficulties
for a registration in requiring a man to register the birth of a
child without paternity being conclusively established".
One of the requirements of the legislation is the inclusion of
the Personal Public Service (PPS) number and the Bill specifically
states that information will be shared with designated Government
departments and agencies.
Since September 2003 every newborn child is automatically
allocated a PPS number when their birth is registered and this
information is transferred electronically to the Department of
Social and Family Affairs. This will initiate child benefit for a
first-born child and automatic payment will be made for subsequent
children.
Thereafter, every life event will be included in the electronic
register and triggered by the PPS number. It will eliminate lengthy
paper application forms and reduce attempts at fraud.
But the sharing of amassed information has prompted some concern.
Labour's Social and Family Affairs spokesman, Willie Penrose,
stresses the need for care in giving out this information and
believes the Bill aims to "suit the bureaucracy of administration as
opposed to recognising the rights of people involved". He considers
that it is "almost like a tracking device" on people at every stage
of their lives and that it will have the effect of reducing the
individual's right to privacy.
In embedding such a system the State is following the example of
other EU states and the US, but the Westmeath TD says that "we may
well have a different view in Ireland and the Government should take
cognisance of the historical situation". A lot of people "live
quietly" and this system will affect their "right to
anonymity".
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