Dara Calleary
Fianna Fáil recorded as Minister for Social Protection (Deputy Dara Calleary) As a minister Link to thisTairgim: “Go léifear an Bille an Dara hUair anois."
I move: "That the Bill be now read a Second Time."
I am pleased to have the opportunity to introduce the Social Welfare, Civil Registration and Charities (Amendment) Bill 2026 go dtí an Dáil. The Bill contains measures to amend the Social Welfare Consolidation Act 2005, the Civil Registration Act 2004 and the Charities Act 2009. This reflects the wide range of areas under the remit of the Departments of Social Protection and Rural and Community Development and the Gaeltacht. I thank all the civil servants involved in the preparation of the Bill.
On the social welfare side, a key provision in the Bill is to provide the legislative basis for public service cardholders to be able to use their cards, of their own volition and on a purely voluntary basis, as a form of identity. Currently, only public sector bodies specified in law can request and accept the public services card as a form of identity. If any other institution does so, for example, a bank, credit union or utility company, it is guilty of an offence. The amendment provided in the Bill will facilitate people to offer their public services card as a form of identity if they wish to do so. It will not enable institutions to request it, but they will no longer be guilty of an offence if they accept it as proof of identity.
The Bill also provides the legislative basis for a person to be able to request that their date of birth be inscribed on their public services card. Again, this will only be included if the cardholder requests it. The intention is to facilitate people who may wish to use their card as a form of age verification. The Bill also provides for a range of amendments to improve the functioning of the social welfare appeals office and a number of technical amendments to keep the Social Welfare Consolidation Act 2005 up do date as part of an ongoing programme of legislative modernisation.
On the civil registration side, there are two main types of provisions included in the Bill. One set will make improvements to the functioning of the General Register Office. I will outline the specific amendments when I go through the Bill section by section. The second set of amendments includes a range of proposals from my colleague the Minister for Children, Disability and Equality. While the Civil Registration Act 2004 falls under my remit, the Minister for Children, Disability and Equality has responsibility for birth information and tracing and for the State’s response to illegal birth registrations.
The Birth Information and Tracing Act 2022 contains a range of measures to address issues arising for people affected by illegal birth registration, as well as amendments to the Civil Registration Act 2004. In the course of engagements with officials in the Department of Children, Disability, and Equality, persons affected by illegal birth registrations requested improvements to the terminology used. The Department of Children, Disability and Equality has worked closely with officials from my Department and the special advocate for survivors to develop the amendments, including changing the title of the register, created by Part 9 of the Birth Information and Tracing Act 2022, from the "Register under Part 3B” to the “Register of Lived Identity”, and changing the term used to "withdrawal" of an entry in the register of births rather than "cancellation".
In order to ensure, as far as possible, that all affected people’s views were heard and taken into account, the proposed changes were the subject of a public consultation which ran from 13 March to 10 April of this year. Some 166 responses were received from affected persons, others who were adopted or boarded out and their families and friends. There was overwhelming support for the proposed changes. The Bill also amends access to the register of lived identity to make it more open, where an affected person so wishes. Importantly, these proposed amendments will not affect the rights of people who wish for their entry to remain private.
The third Act amended by this Bill is the Charities Act of 2009. Members of the Charity Appeals Tribunal provide an essential service to the charities sector in Ireland. I thank the chairman and members of the tribunal for their ongoing expertise, commitment and careful consideration of each case that comes before them. The amendments to the Act are wholly technical and operational in nature. However, they are essential in supporting the ongoing efficient operation of the tribunal and ensuring that it can deliver on the statutory requirements relating to it.
Members will be aware that the general scheme of the Bill was the subject of pre-legislative scrutiny in April and May this year. I thank the Chair, Deputy John Paul O'Shea, and all members of the committee for their work in this process. I welcome the support of the committee in progressing the amendments to the Civil Registration Act and the Charities Act. The joint committee's pre-legislative report contained a number of recommendations about the digitalisation of services. It wanted to make sure that offline application options remain possible, that digital systems are accessible and inclusive, that the impact on take-up is monitored and that there is engagement with the representative groups. I could not agree more. I am strongly committed to this. My Department and its officials will deliver.
My Department's strategy is to encourage the take-up of online services on a digital-by-desire basis, rather than to require or compel customers to use the online options. In designing and in delivering digital services, accessibility is always a key focus in the Department, with accessibility testing completed on all services being developed on our digital platforms before they go live. Customers are routinely advised of the various channels available to access Department services, enabling them to choose the option that is most appropriate to their circumstances. Officials regularly engage with advocacy groups, representative organisations and customers to inform continuous service improvement across all of our delivery channels.
The report also made a number of recommendations about the processing of personal data. I put on record that the processing of personal data, including very sensitive personal data, is subject to clearly specified safeguards under the Social Welfare Consolidation Act 2005, as amended. It is also done in accordance with GDPR requirements. My Department actively implements its range of oversight arrangements for all of its processing of personal data. I have taken particular note of the recommendations relating to informing individuals that the use of a public services card is voluntary, either by legislation or by a public awareness campaign. I support the underlying objective of these recommendations. I have asked officials to examine them further in advance of Committee Stage.
I will go through the Bill section by section. The Bill contains 26 sections in four Parts. In Part 1, sections 1 and 2 contain standard provisions of the Short Title, construction, collective citation, definitions and commencement. Section 3 provides for the repeal of section 14 of the Civil Registration (Electronic Registration) Act 2024. This is a consequential amendment. This section shall come into effect following the commencement of section 21 of this Bill.
Part 2 amends the Social Welfare Consolidation Act 2005. Section 4 provides for the repeal of pre-retirement allowance and removes references to the scheme in the principal Act. This scheme has been closed to new applicants since 2007. There are no customers in receipt of this payment. Section 5 is part of the legislation modernisation programme. It provides for an update of references to tax regulations in the principal Act. Section 6 provides for the abolition of the provision whereby a person may be disqualified from receipt of jobseeker's benefit for a certain period and in certain circumstances when he or she receives a redundancy payment. This provision is no longer a requirement since the introduction of a pay-related jobseeker's benefit scheme. Section 7 provides for a number of technical amendments to the name of schemes consequent to the Social Welfare (Bereaved Partner's Pension and Miscellaneous Provisions) Act 2025.
Section 8 provides for amendments to section 263 to allow a public services cardholder, at his or her request, to inscribe his or her date of birth on the public services card to enable the public services card to be used as a means of verifying age. The cardholder may also request the removal of the date of birth from the public services card. In addition, it allows the cardholder to offer the public services card at his or her own discretion as a form of identity for a purpose that is not a transaction with a specified body, that is not a public sector body that is specified in Schedule 5 of the Act. It clarifies that the public services card remains the property of the Minister for Social Protection at all times, and that the card is non-transferable. Section 9 amends section 300A of the principal Act, which provides the statutory basis for deciding officers to seek a medical assessor's opinion in determining entitlement to certain benefits. This amendment further provides that appeals officers and the chief appeal officer may seek the opinion of a medical assessor when deciding questions related to the relevant statutory duties.
Section 10 provides that the chief appeals officer may remit a decision back to an appeals officer for his or her consideration in circumstances where remittal will resolve the matter faster overall. Section 11 provides for the allowance of an appeal to the High Court on a point of law from any decision of the chief appeals officer, whether revised or unrevised.
Part 3 amends the Civil Registration Act 2004. Section 12 provides for the definitions used in Part 3. Sections 13, 16, 18 and 22 substitute "register" or "register under 3B" with "register of lived identity" in various sections. Section 14 provides that the Child and Family Agency, Tusla, can register the birth of a child with the father's details on foot of a court order, naming him as the father of the child. Section 15 provides for the re-registration of a birth, to correct the name of a father where the Child and Family Agency, Tusla, is the qualified informant and where that agency has been granted a court order, naming the father of a child under section 35 of the Status of Children Act 1987. Section 17 provides for the substitution of section 30H, "Correction, cancellation or registration of entries in register of births", with a new section, "Error in relevant entry". Section 19 amends section 30J, which provides that an tArd-Chláraitheoir maintains an index to the register of lived identity and sets out who may apply for a search of the register and the index. This amendment allows a person who has been nominated by the affected person or a member of the public to make an application to an tArd-Chláraitheoir where the person affected by the illegal birth registration gives his or her permission in writing.
Section 20 provides for the public inspection of information on the index linking the register of births and the register of lived identity where the affected person to whom the information pertains has given his or her consent to an tArd-Chláraitheoir to make his or her entry publicly available. Section 21 provides that a medical practitioner who attended to a deceased person outside of a hospital or other institution may authorise a person to perform the medical practitioner's duty to notify the particulars of a death to an tArd-Chláraitheoir. Section 23 allows an tArd-Chláraitheoir to correct a factual or clerical error in an online registration where that error has been notified to an tArd-Chláraitheoir by any person, including the staff of an tArd-Chláraitheoir.
Section 24 updates the provisions for vital statistics in section 73 of the Civil Registration Act 2004 to align with the current practices on the compilation, abstraction and publication of vital statistics, which is now primarily conducted by the Central Statistics Office. However, I bring to the attention of Deputies that following further consultation with the Central Statistics Office, I am of a view that a more extensive review of the vital statistics provisions in the Civil Registration Act 2004 and its relationship with provisions in the Statistics Act 1993 would put the processing of vital statistics on a more robust legal footing. For that reason, I intend to introduce a Committee Stage amendment to remove section 24 from the Bill to allow sufficient time for my officials to liaise with the General Register Office, the Central Statistics Office and the Office of the Attorney General on this matter. Section 25 amends the particulars required when registering a birth or stillbirth so that signatures are only required where applicable, given the option of online registration.
Part 4 of this Bill amends the Charities Act 2009. Section 26 amends section 33 of the 2009 Act with revised definitions for the relevant Minister, the relevant body and the relevant regulator.
In addition, it amends section 77 of the 2009 Act, setting the quorum of the Charity Appeals Tribunal at three members, including the chairperson. These amendments also provide for the nomination of a deputy chairperson to chair a hearing of a tribunal in the absence of the appointed chairperson. Finally, it provides that witnesses before the tribunal will have an immunity from disclosing information or providing evidence about a certain subject.
This is mainly a technical Bill. I thank the Deputies who were involved in pre-legislative scrutiny. I commend the Bill to the House.