Joe Costello (Dublin Central, Labour)

I am delighted to have the opportunity to raise this issue. It came to public attention about two weeks ago that foreign couples who married in their countries' embassies in Ireland had contracted invalid and illegal marriages. Naturally, this came as a great shock to more than 3,000 non-nationals who had married during the past three years in the embassies of their countries. Those affected came not only from European Union member states but also from non-EU states. Everybody who married in a foreign embassy in this country was affected.

The situation arose from a requirement under the Civil Registration Act, which was passed in 2004 and came into force in November 2007. From that date onwards there has been a requirement to have an official registrar attend the embassies where marriages take place. Failing that, under Irish law the marriage is invalid and declared null and void and illegal. The same situation operates with regard to international law because a marriage must be valid in the country in which it takes place. This means that even though the foreign nationals may think the marriage is valid in the eyes of their own countries' law it cannot be so because the requirements of the country in which the marriage took place have not been fulfilled.

We have a right legal mess and as a result 3,000 couples find themselves in a complete legal limbo. In a situation like that all sorts of legal problems are created for the couples and their children. How can they get their birth certificates registered? Is there a single parent, or are there two, in terms of the marriage? How can one deal with the legal issues in that respect? It seems incredible that it took the best part of three years for the Irish Government to inform the embassies of the legal situation. I understand it only came to light when the General Register Office wrote to the embassies last month - approximately three years later - to inform them of the situation that now exists.

We have to do our best with the situation, which is as it is. I understand that complex legislation will be required to remedy this intricate problem. There is a danger that we will pass legislation that regularises the situation from here on in, without being sure that it regularises the situation that existed in the interim limbo period after these marriage ceremonies were performed. What are the implications of the actions that have been taken since such ceremonies by couples who were certain they were married, but were not? They may have entered into numerous contracts, etc. Some form of retrospective legislative decision-making will have to take place. That is always very dangerous in constitutional terms. I would like the Minister of State to tell the House what immediate steps the Government plans to take. When is it proposed to bring legislation before the House? Has the Government received the advice of the Attorney General on the ramifications of this problem?

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