Dáil debates

Thursday, 20 December 2012

Civil Registration (Amendment) Bill 2012 [Seanad]: Second and Subsequent Stages

 

3:35 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent) | Oireachtas source

I am also pleased to contribute to the debate. While the Bill might have critics, I thank the Minister for getting it to the House because we have had a hectic session. It is peculiar that we are discussing this today after such a fraught ten days with the budget, property tax and so on. I note the list of groups the Minister will allow under the legislation but she did not include the Revenue Commissioners. After the property tax, I thought she might have allowed to carry out marriage ceremonies as well.

The Bill will permit secular bodies to solemnise marriages. Currently, the power to do so is limited to registered religious bodies and the HSE. That is awkward for people Most weddings traditionally are held on the weekend to facilities people travelling from aboard and so on and it is difficult if civil ceremonies can only be take place during working hours between Monday and Friday. The Bill also reflects the change of views, religious practice and so on. The most recent census highlighted the number of people who ticked the non-religion box. It is important that this is reflected as we are in the House to legislation on behalf of all our citizens to the best of our ability. In 1994, civil marriages accounted for 5.11% of all marriages but in 2009, they accounted for 28.7%. That is a telling statistic. This shows there has been a marked shift in the proportion of civil marriages versus religious marriages. This must be acknowledged and reflected in the legislation. An honest effort has been made in the Bill to deal with that.

However, there is a problem with the current legislation, which I ask the Minister to note carefully. The 2004 Act provides for the registration of a registrar. This needs to be clarified as it does not provide for the registration of a solemniser. When the Registrar General is acting as both registrar and solemniser, there is a serious conflict of interest. Following correspondence with a constituent of mine, Mr. Niall Dennehy, Commissioner for Oaths in Clonmel, the Registrar General is refusing to register him as a solemniser in spite of the fact he was appointed by the Supreme Court as a Commissioner for Oaths and is empowered to officiate at the making of any solemn declaration within the State. He is not the only Commissioner for Oaths and this discrepancy needs to be clarified. He can officiate at the making of any solemn declaration within the State. Why is he debarred in this regard? I would appreciate it if the Minister could follow up on this and come back to me on it.

In these difficult and challenging times, people are struggling. I do not wish to stray from the Bill, but I must agree with Deputy Finian McGrath that bullying and intimidation of politicians is unwelcome. We thought we had moved away from it. This evening, I will travel to my own county to a very sad funeral of an eminent businessman whose family had been in business for generations and who committed suicide having been bullied by the State, the banks and the courts system. In Wexford recently, awful violence was perpetrated on a family. We have time to reflect on moral society in the Bill but we must also leave behind that baggage. We cannot allow a third force to destroy people's lives, their will to live and the air they breathe. They are entitled to that.

The Bill is an attempt to legislate for citizens with different viewpoints. We have to do that and be understanding and accepting. The Bill lists a number of groups that are deemed, for the purpose of the Bill, not to be secular. The list includes political parties or bodies that promote political candidates and bodies that promote a political cause. Some people have suggested that the Catholic Church should not be a designated body because of statements and pronouncements it has made. The Catholic Church is leading its flock and is entitled to do so and to make pronouncements. I only speak for myself in saying this.

I will not forget for a long time the hostility I was shown outside the gates of the House a few weeks ago when we were debating Deputy Clare Daly's Bill. The people concerned claim to be pro-choice. I accept that they were hijacked by an organisation. Anyone who engages in a legitimate protest these days seems to be hijacked by the same organisation. I was shocked and frightened by the hostility and vitriol shown to me by people who claim to be pro-choice. I suppose public representatives are used to this, but I could not believe their animosity towards people who choose to differ from them.

We must all deal with issues sensitively and as well as we can. That is what the Bill tries to do. We cannot be bullied or intimidated. We must have open and free discourse and debate and be able to act according to our consciences and beliefs.

I wish the Bill well. I compliment the Minister on getting it here and wish her a happy Christmas.

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