Dáil debates

Wednesday, 2 July 2014

Topical Issue Debate

Civil Partnership Legislation

3:40 pm

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

I thank the Minister of State, Deputy O'Dowd, for being here. Over 20,000 marriages and approximately 500 civil partnerships took place last year. Most of those involved are continuing to choose religious ceremonies, but an increasing number of people are choosing to have civil or secular weddings. Approximately 30% of all marriages are civil marriages. When civil partnerships are included, it is clear that there are approximately 6,700 civil unions every year. As more and more people choose to get married outside traditional religious settings, the issue of where marriages and civil partnerships can take place is of increasing concern.

The Civil Registration Act 2004, as amended, requires that the solemnisation of marriages and civil partnerships should be done in a place that is open to the public. The Act allows for some degree of flexibility - it allows an tArd-Chláraitheoir or a superintendent registrar to grant approval for a marriage and civil partnership to take place at another location chosen by those getting married and agreed to by the solemniser. The Act itself does not go any further in setting out where civil marriages and civil partnerships can take place. Decisions on where people can get married and enter civil partnerships have been left to the general registrar's interpretation of the vague Civil Registration Act, rather than being made by the elected representatives of the people.

The effect of the legislation, as currently interpreted and applied, is that civil marriages and partnerships must take place in a fixed structure - a place with four walls and a roof - that is open to the public. Given that no guidance is provided by the Act or by supporting regulations, it is easy to understand how someone can reach this interpretation. The idea behind this interpretation is that it ensures the venue can be easily identified and accessed in the event that there is an objection to the union. Unfortunately, this interpretation seems to be overly restrictive. It is having an impact on people's ability to get married at a place of their own choosing.

Many hotels and country houses are not able to facilitate weddings in venues that would be ideal. The same thing applies to sites run by the Office of Public Works, such as Charles Fort in Cork and Fort Camden in Crosshaven, which would be idyllic settings for weddings. Hotels are not allowed to use garden houses or marquees, which are often ideal settings. Many hotels in my constituency are affected by this. The marquee at Maryborough House Hotel, for example, would be a superb facility for weddings. However, weddings must take place in specified rooms in hotels. In many cases, the room in question is small and ill-suited to the needs of the people getting married or entering into a civil partnership. Rather than restricting people to one room, surely we could provide for regulations that would allow weddings to take place at various identifiable and publicly accessible locations within hotel complexes or OPW sites.

Perhaps the requirement for marriages and civil partnerships to be held in locations that are identifiable and accessible to the public could be accommodated by means of a less restrictive interpretation of the existing legislation. This is what happens in our neighbouring jurisdiction. It came to public attention this week that a legal challenge to the interpretation of the legislation is to be taken. It is unfortunate that the simple issue of where weddings and civil partnerships should take place now has to go before the courts. I ask the Minister of State, who is here on behalf of the Minister, Deputy Burton, to consider making the appropriate changes to legislation to enable people to get married and enter civil partnerships at a place of their own choosing. It is important for us to recognise that marriage and civil partnership are life-altering and memorable life events that reflect the commitment of two people to each other and to the vision of a shared life. It is disappointing that the State, which facilitates and supports these commitments, is preventing these great events from taking place in a range of suitable venues.

Comments

No comments

Log in or join to post a public comment.