Michael McNamara (Clare, Labour) | Oireachtas source

I move amendment No. 5:

In page 12, between lines 17 and 18, to insert the following:“Amendment of section 54 of Act of 2004

21.Section 54 of the Act of 2004 is amended by substituting the following subsection for subsection (1):

“(1) A body, Commissioner for Oaths or Peace Commissioner may apply to an tArd-Chláraitheoir—

(a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more,

(b) in case the body is a religious body, for the registration of a member named in the application who is aged 18 years or more, and

(c) in case the body is a secular body, for the registration of a member named in the application who is aged 18 years or more.”.”.

The amendment relates to the practicalities of getting married, not what is and is not constitutional. There is a long waiting list to get married for heterosexual couples, who are the only ones who can get married. It is difficult to get a place, and no matter how long one waits, one cannot get a registrar to perform a marriage on a Saturday, Sunday or even 5 p.m. on a Friday. It is limited. If one wants to get married at a time of one's choosing, one had better have a religious marriage. Freedom of religion is a cornerstone of our Constitution. As a Roman Catholic, I have the right to be married in a Roman Catholic church if the church allows me to do so. One of the key aspects of freedom of religion is freedom from religion. If I am not a member of a religious group, I should still have a right to be married. However, it is severely curtailed, not by law but by the practicalities of getting married. It must be Monday to Friday, 9 a.m. to 5 p.m. in a registry office.

We recently introduced an amendment to allow humanist marriages. Although it is not a religion, humanism is a belief structure or concept, not a secular structure. I greatly welcome the fact the House will soon pass a Bill that will enable gay couples to get married. Already, straight couples cannot get married when they want to and there is a very long waiting list. Added to this will be the number of gay couples who will, it is hoped, want to get married. We believe a large number wish to get married, and even if there is only one, it is still very important because it is equality. The practical question is whether they will be able to get married. Resources are probably insufficient. I wrote to the Minister previously and was told it was a resources issue, which I accept. If it is, maybe we should consider alternatives.

Given that we respect religions equally, we allow members of religious organisations equally to solemnise marriages. Is there a particular reason people such as commissioners for oaths, notaries public or peace commissioners could not apply to solemnise marriages? I am not suggesting all the formalities of giving notice, attending the registry office to produce documentation and identification, and satisfying the registrar that it is not a sham marriage should not continue. Those civil protections exist no matter who solemnises a marriage and no matter where, be it a mosque, Roman Catholic church or synagogue, and I do not propose to alter them. Given there are not enough registrars in Ireland to marry the people who want to get married now, much less those who will want to get married after the Bill has passed, maybe we should consider allowing commissioners for oaths, peace commissioners, notaries public or some secular figures in society to solemnise marriages. I am not saying they should all be allowed to solemnise marriages at the stroke of a pen but that they should be allowed to apply to the registrar to be registered to solemnise marriages. Statutory instruments could be introduced to ensure they had the requisite training and abilities to do so. I urge the Minister to consider this practical problem.

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