Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I am responding on behalf of the Minister for Social Protection, who is unfortunately unable to be here at this time. The notification and registration of civil marriages is governed by Part 6 of the Civil Registration Act 2004. The notification and registration of civil partnerships is governed by Part 7A of the Act. The Act provides that a civil marriage can be solemnised and a civil partnership registered in a registrar's office or some other venue that is approved by a registrar. People who wish to get married or register a civil partnership in a venue other than the registrar's office should contact the registrar for the district in which the venue is located to arrange to have the venue approved. This may involve the registrar inspecting the venue. There is an additional fee for a civil ceremony held in a venue other than a registrar's office.

The guidelines for the selection of a venue provide that only venues that allow unrestricted public access without charge will be considered. The venue in which the ceremony room is situated must conform to all the requirements of any venue open to the public in respect of planning permission, fire safety certification, public liability insurance and all relevant health and safety requirements. I think this is the point the Deputy was making. The ceremony room must be accessible to everyone, including people with disabilities. The place in which the marriage takes place must be a fixed structure that is clearly identifiable by description and location as a distinct part of a venue. The requirement for a marriage to take place in a fixed structure that is open to the public is necessary to ensure marriages take place in public. This avoids the possibility of coercion, fraud or lack of capacity on the part of a party to a marriage, prevents marriages from taking place in secret and provides an opportunity for objections. This requirement precludes marriages from taking place in the open air, in a tent, marquee or other temporary structure, or in a private dwelling.

Civil marriages and partnerships must be registered by civil registrars at assigned appointment times from Monday to Friday, excluding public and bank holidays. While civil partnerships may be registered only by civil registrars, marriages may also be registered by members of religious or secular bodies who are included in the register of solemnisers. The Minister is aware that the possibility of these events being overseen by religious and secular people at outdoor venues has been raised recently. Section 8 of the Civil Registration Act 2004 outlines the functions of an tArd-Chláraitheoir. Section 8(4) states provides that "An tArd-Chláraitheoir shall be independent in the performance of his or her functions." Section 8(5) provides that "An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions". In the performance of these functions, a letter was issued by an tArd-Chláraitheoir to all religious and secular bodies after it came to his attention that it was intended to have a number of marriages at private houses and at places where the exact locations were uncertain.

Were the address of marriage to be a private house or be vague or imprecise, for example, a large public park, the public policy objective of the provision in section 51 would be defeated. The Minister for Social Protection is seeking clarification from the Attorney General on the question of where marriages can be legally executed under the provisions of the Civil Registration Act 2004. This advice should be received shortly and the next steps will be determined on that basis.

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