Joan Burton (Dublin West, Labour) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I realise that we four Deputies are probably alone in the Dáil at this point but as Christmas is coming, it is an appropriate time to debate a Bill which proposes to extend the celebration of marriage. Although we may not have Christmas humanist weddings this year, subject to the enactment of the Bill, we may get Whitsun weddings celebrated by humanist celebrants or solemnisers.

I will outline the context for the Bill. The Civil Registration Act 2004 provides for the notification, registration and solemnisation of marriage. Only the Health Service Executive and religious bodies can apply for registration in the Register of Solemnisers established under the Act. The Bill will amend the Act by providing for an extension to the type of organisation that can nominate marriage solemnisers to include secular bodies.

In Ireland marriage and the family unit are central to the Constitution and part of our social fabric. When two people make a public commitment to each other by way of marriage, it is a cause of great celebration and an occasion on which not only do the two people wish to have their families and friends around them but also to celebrate in the belief system they hold dear. The Bill aims to extend the scope of marriage solemnisers across the spectrum of belief systems and formally acknowledge this in the registration system.

I propose to offer some general observations on the rationale and general principles informing the content of this amending legislation and then proceed to summarise the provisions of the Bill. The marriage provisions of the Civil Registration Act 2004 arose from recommendations of the interdepartmental committee on the reform of the marriage laws. The need for a universally applicable framework of clear and simple procedures to underpin the solemnity of the marriage contract was among the issues identified by the committee as requiring examination.

The main provisions of the Bill concerning marriage are to provide for common preliminaries and a single set of documentation for all marriages; the introduction of the marriage registration form, which is a single licensing system; the establishment of a register of solemnisers; and provision for a choice of venue for civil marriages.

Section 51 provides that a marriage may be legally solemnised only by a registered solemniser. Section 53 provides for the establishment of a register of solemnisers. Section 54 provides that a religious body or the Health Service Executive may apply to have a member of the religious body in question or a registrar, respectively, entered in the register.

It is clear that many of our citizens wish to celebrate their commitment to each other through a non-religious marriage ceremony. Deputies will be interested to learn that of the 19,828 marriages held in 2011, almost 6,000 were civil ceremonies. This represents 29% of all marriages performed in 2011 and compares to a figure of 6% of marriages in 1996. In 2011, there were 5,413 religious solemnisers and 113 civil solemnisers registered in the Register of Solemnisers to conduct valid marriage ceremonies.

This Bill will provide that valid marriages can be performed by bodies that fulfil the criteria of a secular body, as laid down in the legislation, reflecting the varied belief systems in a modern society which still holds marriage as a valuable life choice. In this regard, the Bill extends the definition of the term "body" in relation to marriages to include also a "secular body". It sets out criteria which must be met by a body before it can apply to have one of its members solemnise marriage. While this limits somewhat the bodies that would be eligible, it respects the obligation of the State to safeguard the institution of marriage and ensures the bodies involved are stable, long-standing and reputable organisations.

The body must be in existence for at least five years, be an organised group of people who have secular, ethical and humanist beliefs in common, have a minimum of 50 people and meet on a regular basis. It must also have an entitlement to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997 and cannot have the making of profit as one of its main purposes. In addition, there is a list of organisations which are deemed, for the purposes of the Bill, not to be secular bodies. These include chambers of commerce, organisations that are political, sporting, athletic, trade union or representative in nature and bodies that promote purposes that are unlawful, contrary to public policy or morality, in support of terrorism or terrorist activities or for the benefit of an organisation of which membership is unlawful.

The bodies will be required to meet the criteria on a continuous basis and will be obliged to inform An tArd-Chláraitheoir - the Registrar General - if they cease to do so. In the event of a body not meeting all of the criteria, the body's members will be removed from the Register of Solemnisers. There is scope within the Bill to allow for appeals and reinstatement on the register where it is seen fit.

In amending the Civil Registration Act 2004 the Bill adds in the concept of a "secular body" to those sections that had previously provided for a religious body.

I propose to summarise the main provisions of the Bill and in doing so, I acknowledge the work done on the Bill by the Upper House and my party colleague, Senator Ivana Bacik. Many religious bodies have been defined as solemnisers of marriage. They include not only all the major religions but also many religious bodies with which many Deputies will not be familiar. Section 1 provides for the definition of the term "Principal Act" used throughout the Bill as the Civil Registration Act 2004.

Section 2 amends section 45 of the principal Act and inserts and modifies definitions in the principal Act to provide for the broadening of the type of bodies which can apply to have a member added to the Register of Solemnisers by including secular bodies.

Section 45 provides for the definitions used in Part 6 of the Civil Registration Act 2004, which relates to the amendment of the law relating to marriages. At present, this section only provides that a religious body and the executive, namely, registrars appointed by the Health Service Executive who are included on the Register of Solemnisers held in the Registrar General Office, can conduct valid wedding ceremonies. This amendment and the insertion of section 45(A), as provided for in section 3, will allow bodies who fulfil the criteria of a secular body as defined to conduct valid marriages.

Section 3 amends section 45 and sets out the interpretation of the definition of the term "secular body" for the purposes of the Bill. For the purposes of this Part, a body shall be a secular body if it has not fewer than 50 members; its principal objects are secular, ethical and humanist; members of the body meet regularly in relation to their beliefs and in furtherance of their principal objects; any rules regarding marriage, or the solemnising of marriages, do not contravene the requirements of the Act or the law; it is shown to the satisfaction of the Registrar General that it has appropriate procedures around the selection, training and accreditation of solemnisers; it has been in continuous existence for at least five years; it has, for at least five years, an entitlement to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997 in respect of which a number stands issued by the Revenue Commissioners for the purpose of that exemption and that number stood issued for a continuous period of five years immediately preceding the date of its most recent application; and does not have the making of profit as one of its principal objects; maintains a register of members.

In addition, this section provides for a list of bodies which are deemed not to be secular bodies for the purposes of this Part. These are as follows: a political party or a body that promotes a political party or candidate; a body that promotes a political cause; an approved body of persons within the meaning of section 235 of the Taxes Consolidation Act 1997; a trade union or representative body of employers; a chamber of commerce; and a body that promotes purposes that are unlawful, contrary to public morality, contrary to public policy, in support of terrorism or terrorist activities, whether in the State or outside the State, or for the benefit of an organisation membership of which is unlawful.

Section 4 provides for the amendment of section 51 of the principal Act to include solemnisers from secular bodies in the requirements to be met for a valid solemnisation of marriage. Section 51 provides that a marriage may be legally solemnised only by a registered solemniser. It sets out the elements required to be met so that a valid marriage takes place.

Section 5 provides for the amendment of section 53(4) of the principal Act to allow the Registrar General to refuse to register a person if he or she considers that the body concerned is not a secular body.

Section 53 provides for the establishment of a register of solemnisers to be maintained by An tArd-Chláraitheoir. The register holds the names of all solemnisers who have been approved to conduct valid marriages and is open to inspection by the public.

Section 6 provides for the amendment of section 54 of the principal Act to include secular bodies in the categories of bodies that may apply for registration of persons on the register of solemnisers. An officer of the secular body must sign a certificate to the effect that, in his or her opinion, the nominated person is a fit and proper person to solemnise a marriage and confirm that the nominee has been selected, trained and accredited by the secular body in accordance with its procedures. The section also sets out procedures for requesting additional information from bodies regarding an application on behalf of a member to become a registered solemniser.

Section 7 provides for the amendment of section 55 of the principal Act to include the cessation of a body as a religious or secular body as a reason the registration of a person may be cancelled on the Register of Solemnisers.

Section 55 provides for the cancellation of the registration of a registered solemniser by the registrar general on a number of grounds, including a request for cancellation or that the marriage ceremony does not adhere to the necessary declarations. A registration may be also cancelled if the registered solemniser is convicted of an offence under the Act, carries on a business solemnising marriage for profit or gain, is not a fit and proper person to solemnise marriages or for any other reason.

Section 55 sets out the requirements for the registrar general if he or she intends to cancel a registration. The amendment provides an inclusion of secular bodies so that their registrations may be cancelled under the same criteria, if required.

Section 8 provides for the amendment of section 56 of the principal Act to include secular bodies in the provisions to appeal against refusals or cancellations of registration in the Register of Solemnisers.

Section 56 of the principal Act provides for leave to appeal to the Circuit Court if the Minister dismisses an appeal on the grounds that the body has ceased to be a religious body. This section provides the same appeal rights to a secular body. If the Minister dismisses an appeal on any other ground, a party to the appeal may appeal against the dismissal on a point of law to the Circuit Court. This section provides the same appeal rights to a secular body or to a party to the appeal who is not a member of a secular body.

Section 9 provides for the amendment of section 57 of the principal Act to allow for the granting of temporary authorisation to solemnise marriage to solemnisers from secular bodies. Section 57 of the principal Act already provides for the temporary authorisation of members of a religious body to solemnise marriage. An application made by a secular body under this section will be in such form and containing such particulars as may be determined by the registrar general. The application must be made by an officer of the body. The certificate must be furnished in a satisfactory form, stating that the person to be temporarily authorised is suitably trained and accredited as set out in section 45A(1)(e) and, in the opinion of that person of standing, is a fit and proper person to solemnise a marriage.

In addition, this section will provide for the registrar general to request further information regarding applications for temporary solemnisers from a religious or secular body. Currently, there is no provision for the registrar general to request additional information from religious bodies and this amendment will provide for such a request.

Section 10 provides for the Short Title, collective citations, construction and any necessary commencement.

This Bill represents a significant and important change to the Civil Registration Act 2004, which sees us, as a nation, recognise the increasing desire of people to celebrate marriage in a way that includes their own secular, ethical and humanist beliefs. Marriage is an important institution and this Bill enhances its role in Irish law and society. I welcome the Bill, as it includes members of humanist organisations in the group of solemnisers, which to date has been confined to civil registrars and a wide set of religious faiths and bodies.

I commend the Bill to the House.

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