Oireachtas Joint and Select Committees

Wednesday, 30 September 2015

Select Committee on Justice, Defence and Equality

Marriage Bill 2015: Committee Stage

3:30 pm

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
Link to this: Individually | In context | Oireachtas source

There is another issue that I discussed on Second Stage. The Minister mentioned administrative burdens to people who are in a civil partnership and wish to marry. One of the biggest administrative burdens, applying equally to gay and straight couples who wish to enter into a civil marriage, is the inability to get married because of staff shortages in the registrar's office. People can marry from 9 a.m. to 5 p.m. from Monday to Friday but most people want to marry outside working hours. We can discuss resources as much as we like but the reality is that resources are not there. I will propose an amendment to section 54 of the 2004 Act, which sets out who can solemnise a marriage, to include peace commissioners and commissioners for oaths. These people would clearly have to be accepted by the registrar and demonstrate suitability. They should be trained and know how to do it. There are already safeguards, including the requirement to give notice to the HSE, to be interviewed and so on. All these safeguards should be maintained but it would allow people to get married at a hotel or venue of their choosing outside of 9 a.m. to 5 p.m. from Monday to Friday. That is an unreasonable administrative burden, although I accept it is necessary now because of the financial constraints in which the State finds itself.

Commissioners for oaths and peace commissioners are responsible people and the latter are appointed by the Minister for Justice and Equality. They are appointed on the basis, if not of being politically connected, then that they are responsible people. I do not see why they could not carry out this important function in society or why it should be reserved exclusively for the Health Service Executive, which has many other functions.