This Memorandum refers to the Civil Registration Bill as amended at consideration stage in the Northern Ireland Assembly on 28 February 2011 (Bill 20/07)

CIVIL REGISTRATION BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared by the Department of Finance and Personnel in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or schedule does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

3. The current framework for the registration of births and deaths in Northern Ireland is set out in the Births and Deaths Registration ( Northern Ireland) Order 1976 (“the 1976 Order”). The Marriage ( Northern Ireland) Order 2003 replaced complex and outdated statutes. In recent years the General Register Office (GRO) has recognised that the system for birth and death registration requires reform to respond more appropriately to the changing needs of society.

4. Civil registration has a vital role in securing and protecting basic human rights. The records provide an individual with a name and identity within society, a facility for marriage and civil partnership, evidence of parentage and evidence of entitlement to inheritance. The information gathered can be analysed to provide valuable statistical information for medical and social research, for example birth and death rates, infant mortality and generally information about the health and social well being of people in the community.

5. The registration system for births and deaths was designed to suit the needs and expectations of society many years ago. However, the composition of family units has changed considerably and there have been major advances in technology. A more flexible legislative framework for civil registration is required. This would provide for improved service delivery, better access to services and registration records and the introduction of new and more responsive services. It would also involve much wider use of information technology to improve customer service and deliver significant savings, as the use of electronic information and services increase. This ties in with GRO’s ongoing programme for the digitisation of all civil registration records from the middle of the 19 th century.

CONSULTATION

6. Two previous Consultation Papers, the latest issued in 2006, and entitled ‘Civil Registration in the 21 st Century, Modernising a Vital Service’, sought views from the public on the system for registering births and deaths in Northern Ireland and explained why change is necessary to civil registration if the expectations of the citizen, government and society are to be met. It also provided a vision for a more flexible and efficient service underpinned by modern technology.

7. Respondents to the consultation paper supported a more responsive service with more choice in ways to register vital events, the provision of additional services and increased availability and use of electronic information. Responses to the consultation have been analysed and used to develop proposals for legislative change.

OPTIONS CONSIDERED

8. Do nothing – Not feasible as changes were required to reform the registration service in order to respond more appropriately to the changing needs of society, improve service delivery, maximise the use of technology and provide greater public access to civil registration records.

Overhaul the entire Civil Registration Service - There was insufficient evidence to suggest that such a radical move was necessary as evidence indicates contentment with the current regime.

Amend the existing Order and introduce new provisions as appropriate –This was seen as the preferred option as it would facilitate changes to existing procedures and enable services to be introduced with minimal resource and timescale implications.

OVERVIEW

9. The Bill proposes to introduce provisions for:

- Removal of geographic restrictions to provide greater choice and more flexibility in registering vital events and where these may be registered;

- Changes to procedures for making alterations to registration records;

- Introduction of an abbreviated form of death certificate omitting cause of death as an alternative to the full version (for the purpose of closing bank accounts etc.);

- Provision of commemorative certificates for memorable life events;

- Electronic sharing of registration information in relation to births, deaths, marriages and civil partnerships with all relevant government departments and nominated organisations;

- Greater public access to civil registration records.

COMMENTARY ON CLAUSES

Clause 1: Registration of births

This Clause amends Article 10 of the 1976 Order in order to remove geographic restrictions in relation to the registration of births (including still-births) to enable a birth occurring in Northern Ireland to be registered at any registration office in Northern Ireland. This Clause also removes the requirement imposed on an informant to sign the register and imposes a requirement for information to be given in a particular manner.

It also amends the definition of “birth” in Article 2 of the 1976 Order to clarify that a birth means a live or still-birth in Northern Ireland.

Clause 2: Infant children found exposed

This Clause amends Article 11 of the 1976 Order, in relation to the birth of a living child found exposed, to impose a requirement for information to be given in a prescribed manner.

Clause 3: Issue of notice for information concerning births

This Clause amends Article 12 of the 1976 Order to remove the requirement for an informant to personally attend to sign the register in the presence of the registrar and imposes a requirement for information to be given in a prescribed manner, where a notice has been issued by the registrar to an informant who has failed to register the birth within 42 days from the date of birth.

Clause 4: Registration of father where parents not married

This Clause amends Article 14 of the 1976 Order to enable unmarried parents to be able to give information separately at the time of registration as well as together, in order to have the father’s details included in the birth entry. It further amends Article 14 to remove the requirement for persons to sign the register and imposes a requirement for information to be given in the prescribed manner.

Clause 5: Time limit on registration of still-births

This Clause provides for the repeal of Articles 13(3) and 15(1) of the 1976 Order which has the effect of extending the time period within which a still-birth may be registered from 3 months to 12 months, thereby bringing this aspect of registration of still-births into line with the registration of births and deaths.

Clause 6: Registration of still-births where parents not married

This Clause amends Article 14 of the 1976 Order so that it no longer applies to the registration of a still-birth. This will enable the unmarried father of a still-born child to have his name included in the entry without the mother being required to be present. This Clause also amends Article 18 of the 1976 Order to allow the Registrar General to authorise the re-registration of the still-birth of a child of unmarried parents where the mother disputes the details of the registration.

Clause 7: Re-registration of births of legitimated persons

This Clause amends Article 19(6) of the 1976 Order so that the Registrar General may no longer be able to require the informant (who has failed to re-register the birth within the relevant period) to attend personally at a specified place within a specified time and sign the register in the presence of the registrar. As a result of the amendment, the Registrar General may require the informant to take such steps, within a specified time, for the purposes of re-registration as are specified in the notice issued by him.

Clause 8: Re-registration of births after declaration of parentage

This Clause amends Article 19A of the 1976 Order to remove the requirement for attendance at the registration office by an informant for the re-registration of a birth following a declaration of parentage.

Clause 9: Registration of deaths

This Clause amends Article 21 of the 1976 Order in order to remove geographic restrictions in relation to the registration of deaths to enable the death of a person occurring in Northern Ireland to be registered at any registration office in Northern Ireland. This Clause removes the requirement imposed on the informant to sign the register and imposes a requirement for information to be given in a particular manner.

This Clause also inserts a definition of “death” in Article 2 of the 1976 Order to clarify that a death means a death in Northern Ireland.

Clause 10: Issue of notice for information concerning deaths

This Clause amends Article 23 of the 1976 Order so that the registrar may no longer be able to require the informant (who has failed to register the death within the relevant period) to personally attend at a specified place within a specified time and sign the register in the presence of the registrar. As a result of the amendment, the registrar may require the informant to give information in a particular manner within a specified time.

Clause 11: Short death certificate

This Clause inserts a new Article 40A into the 1976 Order which enables regulations to be made which will make provision for the issue of short death certificates, excluding the cause of death information, for a prescribed fee.

This Clause also amends Article 34(5) of the 1976 Order to require the Registrar General to cause any certificate issued under the new Article 40A to be stamped and sealed with the seal of the General Register Office, of which judicial notice shall be taken.

Clause 12: Discharge of functions of the Registrar General

This Clause amends Article 4 of the 1976 Order which has the effect of extending the Registrar General’s powers in relation to the discharge of his functions to enable additional officers to be authorised to carry out functions on behalf of the Registrar General.

Clause 13: Reproduction of registers and replacement of lost registers etc.

This Clause amends Article 33 of the 1976 Order in order to remove the need for reproduction or replacement registers to be authenticated by the signature of the Registrar General.

Clause 14: Access to information relating to births and deaths

This Clause inserts a new Article 34A into the 1976 Order. Article 34A enables regulations to be made which may: 1) make provision for persons to access birth (not still-birth) and death registration records; 2) make provision for the Registrar General to enter into arrangements with 3 rd parties for the purpose of providing access to information contained in birth and death registration records; and 3) make provision for the Registrar General to transfer registration information to 3 rd parties, subject to conditions, for the purpose of providing access to such information.

Clause 15: Correction of errors in registers

This Clause amends Article 35(2)(a) of the 1976 Order to extend the type of errors which any person authorised by the Registrar General may correct.

This Clause also amends paragraphs (1) – (5) of Article 36 of the 1976 Order. Paragraphs (1) and (2) are amended to require a registrar to notify the Registrar General if he considers that any register (not just a register in his custody) contains an error of fact or substance and to allow the Registrar General to require any registrar (not only the registrar who has custody of the register) to correct the error.

Paragraph (3) is amended to allow any registrar (when required by the Registrar General to do so) to issue notices requiring any informant to take such steps as are specified in the notice.

Paragraph (4) is amended to allow the Registrar General to issue a direction to any registrar requiring him to correct an entry.

Paragraph (5) is amended to allow the Registrar General to issue a direction to any person requiring that person to cancel entries in a register.

Clause 16: Registration or alteration of child’s name

This Clause repeals Article 37(2) of the 1976 Order so that the name change procedure contained in Article 37(3) is the only mechanism by which a change of name/surname in respect of a child under 18 years of age may be registered.

This Clause also amends paragraphs (3) and (4) of Article 37 to dispense with the requirement to produce, in respect of all name change procedures, documentary evidence to show that the new name/surname has been in use for a period of 2 years.

This Clause also inserts new paragraphs into Article 37 which: 1) enable the Registrar General to notify such persons as he deems appropriate that a change of name or surname has been recorded in the register; 2) enable any person who has made an application to have a change of name/surname recorded to apply to the Registrar General to have that change notified to other persons; 3) require any person making an application under Article 37(4B) to pay a fee; 4) enable the Registrar General to impose conditions as he considers appropriate in relation to information on change of name/surname notified to other persons; and 5) provide that the power conferred on the Registrar General by Article 37(4A) may be exercised whether or not an application has been made to the Registrar General.

Clause 17: Certified copies

This Clause replaces Article 39 of the 1976 Order to provide for the means by which a certified copy may be issued under the 1976 Order. It also allows a document containing information extracted from any entry in the registers to be issued as a certified copy.

Clause 18: Issue of short birth certificate

This Clause amends Article 40(a) of the 1976 Order to enable regulations to be made providing for the issue of a short birth certificate by the Registrar General or any registrar (rather than the person having custody of the register).

Clause 19: Notification of births and deaths

This Clause inserts a new Article 40B into the 1976 Order which: 1) enables the Registrar General to notify such persons as he deems appropriate of registration information contained in birth (but not still-birth) and death registers; 2) enables an informant in relation to a birth or death registration to apply to the Registrar General to have the registration notified to such persons as required; 3) requires any person making an application under this Article to pay a fee; 4) enable the Registrar General to impose conditions as he considers appropriate in relation to information contained in birth or death registers notified to other persons; and 5) provides that the power conferred on the Registrar General by this Article may be exercised whether or not an application has been made.

Clause 20: Entries in registers as evidence

This Clause amends Article 41(1)(a) of the 1976 Order to remove the requirement for a birth or death registration entry to be signed by the informant in order for that entry to be evidence of the birth or death. Article 41(1)(a) as amended provides that a birth or death registration entry which includes the name of the informant will suffice as evidence of the birth or death.

Clause 21: Refusal to give information

This Clause repeals Article 44(1)(b) of the 1976 Order, because the Bill removes the requirements in the 1976 Order to sign a register in the presence of a registrar.

Clause 22: Fees payable for searches, certified copies, etc

This Clause amends Article 47 of the 1976 Order to revise the wording of this provision and also to include additional documents for which fees shall be payable under the 1976 Order e.g. short death certificates.

Clause 23: Access to information relating to marriages and civil partnerships

This Clause amends Article 35 of the Marriage (NI) Order 2003 and Section 155 of the Civil Partnership Act 2004 to enable regulations to be made which may: 1) make provision for persons to access information contained in any marriage and civil partnership registration records; 2) make provision for the Registrar General to enter into arrangements with 3 rd parties for the purpose of providing access to information contained in any marriage and civil partnership registration records; and 3) make provision for the Registrar General to transfer

registration information to 3 rd parties, subject to conditions, for the purpose of providing access to such information.

Clause 24: Notification of registration of marriages and civil partnerships

This Clause inserts a new Article 35A into the Marriage (Northern Ireland) Order 2003 and a new Section 155A into the Civil Partnership Act 2004, which: 1) give the Registrar General power to notify such persons as the Registrar General deems appropriate of the registration of a marriage/civil partnership; 2) enable either party to the marriage/civil partnership to apply to the Registrar General to have the registration of the marriage/civil partnership notified to such persons as required; 3) require the applicant to pay a fee to the Registrar General; 4) enable the Registrar General to impose conditions, as he considers appropriate, in relation to information on marriages/civil partnerships notified to other persons; and 5) provide that the power conferred on the Registrar General by Article 35A and Section 155A may be exercised whether or not an application has been made.

Clause 25: Access to information in the Adopted Children Register

This Clause amends Article 50 of the Adoption (NI) Order 1987 to enable regulations to be made which may: 1) make provision for persons to access any information contained in the Adopted Children Register; 2) make provision for the Registrar General to enter into arrangements with 3 rd parties for the purpose of providing access to information contained in the Adopted Children Register; and 3) make provision for the Registrar General to transfer registration information to 3 rd parties, subject to conditions, for the purpose of providing access to such information. These provisions bring access to the Adopted Children Register into line with other registration records.

This Clause also amends the definition of “prescribed” in Article 2(2) of the Adoption ( Northern Ireland) Order 1987 to take account of the above.

Clause 26: Access to information in the Gender Recognition Register

This Clause amends Paragraph 22 of Schedule 3 to the Gender Recognition Act 2004 to enable regulations to be made which may: 1) make provision for persons to access any information contained in the Gender Recognition Register; 2) make provision for the Registrar General to enter into arrangements with 3 rd parties for the purpose of providing access to information contained in the Gender Recognition Register; and 3) make provision for the Registrar General to transfer registration information to 3 rd parties, subject to conditions, for the purpose of providing access to such information.

Clause 27: Notification of entry in Register of Presumed Deaths

This Clause amends Paragraph 1 of Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 which: 1) gives the Registrar General power to notify such persons as the Registrar General deems appropriate that an entry has been made in the Register of Presumed Deaths; 2) enables the Registrar General to impose conditions as he considers appropriate in relation to entries in the Register of Presumed Deaths that are notified to other persons.

These provisions will bring notification of information from the Register of Presumed Deaths into line with other registration records.

Clause 28: Access to information in the Register of Presumed Deaths

This Clause amends Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 to enable regulations to be made which may: 1) make provision for any person to access any information contained in the Register of Presumed Deaths; 2) make provision for the Registrar General to enter into arrangements with 3 rd parties for the purpose of providing access to information contained in the Register of Presumed Deaths; and 3) make provision for the Registrar General to transfer information from the Register of Presumed Deaths to 3 rd parties, subject to conditions, for the purpose of providing access to such information. These provisions bring access to the Register of Presumed Deaths into line with other registration records.

Clause 29: Correction of errors in the Register of Presumed Deaths

This Clause amends paragraph 4(1) of Schedule 1 to the Presumption of Death Act ( Northern Ireland) 2009 to extend the type of errors which any person authorised by the Registrar General may correct in the Register of Presumed Deaths. This provision ensures that errors in the Register of Presumed Deaths are corrected in the same manner as set out for the register of deaths.

Clause 30: Production of commemorative documents

This Clause gives the Registrar General power to issue commemorative documents upon payment of the prescribed fee. It is intended that these documents may be used to mark life events. However, they will be of no legal or evidential value.

Clause 31: Record of Northern Ireland Connections

This Clause requires the Registrar General to maintain a register (and relevant index) called the Record of Northern Ireland Connections. This Clause enables people with Northern Ireland connections to apply to the Registrar General for an event listed in Schedule 1 to be entered in the Record of Northern Ireland Connections in the prescribed form on payment of the prescribed fee. This Clause allows any person, upon payment of a fee to the Registrar General, to search the index of and the entries contained in this register. It also requires the Registrar General to provide them with a copy of any entry in this register. The Registrar General has the power to amend or delete any entry which has been made under this provision.

Clauses 32-35: Supplementary

These Clauses are of a technical nature.

Schedule 1: Events which may be recorded under Section 31

This Schedule lists events which may be recorded in the Record of Northern Ireland Connections.

Schedule 2: Repeals

This Schedule lists provisions to be repealed as a result of this Bill.

FINANCIAL EFFECTS OF THE BILL

10. The Department does not consider that the Bill will place any additional financial burden on the public purse, nor the general public, as appropriate fees would cover any changes or new services offered.

HUMAN RIGHTS ISSUES

11. The provisions of the Bill are considered compatible with the Human Rights Act 1998.

EQUALITY IMPACT ASSESSMENT

12. As the registration of births and deaths applies equally to everyone in Northern Ireland, regardless of where they live or whether or not they fall into any of the Section 75 groups, civil registration has been screened out of the EQIA programme.

SUMMARY OF THE REGULATORY IMPACT ASSESSMENT

13. The proposed Bill does not impose any provisions that will result in an increased or adverse impact on businesses, charities or the voluntary sector nor does it impact on TSN or any other area identified under the Integrated Impact Assessment tool. Therefore no impact assessments were required.

LEGISLATIVE COMPETENCE

14. The Minister of Finance and Personnel had made the following statement under section 9 of the Northern Ireland Act 1998:

“In my view the Civil Registration Bill would be within the legislative competence of the Northern Ireland Assembly.”

SECRETARY OF STATE CONSENT

15. A statement is required under section 10(3)(b) of the Northern Ireland Act 1998, on Secretary of State consent:

"The Secretary of State had consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill."