Jerry Buttimer (Cork South Central, Fine Gael)
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I thank the Minister of State, Deputy O'Dowd, for being here. Over 20,000 marriages and approximately 500 civil partnerships took place last year. Most of those involved are continuing to choose religious ceremonies, but an increasing number of people are choosing to have civil or secular weddings. Approximately 30% of all marriages are civil marriages. When civil partnerships are included, it is clear that there are approximately 6,700 civil unions every year. As more and more people choose to get married outside traditional religious settings, the issue of where marriages and civil partnerships can take place is of increasing concern.

The Civil Registration Act 2004, as amended, requires that the solemnisation of marriages and civil partnerships should be done in a place that is open to the public. The Act allows for some degree of flexibility - it allows an tArd-Chláraitheoir or a superintendent registrar to grant approval for a marriage and civil partnership to take place at another location chosen by those getting married and agreed to by the solemniser. The Act itself does not go any further in setting out where civil marriages and civil partnerships can take place. Decisions on where people can get married and enter civil partnerships have been left to the general registrar's interpretation of the vague Civil Registration Act, rather than being made by the elected representatives of the people.

The effect of the legislation, as currently interpreted and applied, is that civil marriages and partnerships must take place in a fixed structure - a place with four walls and a roof - that is open to the public. Given that no guidance is provided by the Act or by supporting regulations, it is easy to understand how someone can reach this interpretation. The idea behind this interpretation is that it ensures the venue can be easily identified and accessed in the event that there is an objection to the union. Unfortunately, this interpretation seems to be overly restrictive. It is having an impact on people's ability to get married at a place of their own choosing.

Many hotels and country houses are not able to facilitate weddings in venues that would be ideal. The same thing applies to sites run by the Office of Public Works, such as Charles Fort in Cork and Fort Camden in Crosshaven, which would be idyllic settings for weddings. Hotels are not allowed to use garden houses or marquees, which are often ideal settings. Many hotels in my constituency are affected by this. The marquee at Maryborough House Hotel, for example, would be a superb facility for weddings. However, weddings must take place in specified rooms in hotels. In many cases, the room in question is small and ill-suited to the needs of the people getting married or entering into a civil partnership. Rather than restricting people to one room, surely we could provide for regulations that would allow weddings to take place at various identifiable and publicly accessible locations within hotel complexes or OPW sites.

Perhaps the requirement for marriages and civil partnerships to be held in locations that are identifiable and accessible to the public could be accommodated by means of a less restrictive interpretation of the existing legislation. This is what happens in our neighbouring jurisdiction. It came to public attention this week that a legal challenge to the interpretation of the legislation is to be taken. It is unfortunate that the simple issue of where weddings and civil partnerships should take place now has to go before the courts. I ask the Minister of State, who is here on behalf of the Minister, Deputy Burton, to consider making the appropriate changes to legislation to enable people to get married and enter civil partnerships at a place of their own choosing. It is important for us to recognise that marriage and civil partnership are life-altering and memorable life events that reflect the commitment of two people to each other and to the vision of a shared life. It is disappointing that the State, which facilitates and supports these commitments, is preventing these great events from taking place in a range of suitable venues.

Fergus O'Dowd (Louth, Fine Gael)
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I am responding on behalf of the Minister for Social Protection, who is unfortunately unable to be here at this time. The notification and registration of civil marriages is governed by Part 6 of the Civil Registration Act 2004. The notification and registration of civil partnerships is governed by Part 7A of the Act. The Act provides that a civil marriage can be solemnised and a civil partnership registered in a registrar's office or some other venue that is approved by a registrar. People who wish to get married or register a civil partnership in a venue other than the registrar's office should contact the registrar for the district in which the venue is located to arrange to have the venue approved. This may involve the registrar inspecting the venue. There is an additional fee for a civil ceremony held in a venue other than a registrar's office.

The guidelines for the selection of a venue provide that only venues that allow unrestricted public access without charge will be considered. The venue in which the ceremony room is situated must conform to all the requirements of any venue open to the public in respect of planning permission, fire safety certification, public liability insurance and all relevant health and safety requirements. I think this is the point the Deputy was making. The ceremony room must be accessible to everyone, including people with disabilities. The place in which the marriage takes place must be a fixed structure that is clearly identifiable by description and location as a distinct part of a venue. The requirement for a marriage to take place in a fixed structure that is open to the public is necessary to ensure marriages take place in public. This avoids the possibility of coercion, fraud or lack of capacity on the part of a party to a marriage, prevents marriages from taking place in secret and provides an opportunity for objections. This requirement precludes marriages from taking place in the open air, in a tent, marquee or other temporary structure, or in a private dwelling.

Civil marriages and partnerships must be registered by civil registrars at assigned appointment times from Monday to Friday, excluding public and bank holidays. While civil partnerships may be registered only by civil registrars, marriages may also be registered by members of religious or secular bodies who are included in the register of solemnisers. The Minister is aware that the possibility of these events being overseen by religious and secular people at outdoor venues has been raised recently. Section 8 of the Civil Registration Act 2004 outlines the functions of an tArd-Chláraitheoir. Section 8(4) states provides that "An tArd-Chláraitheoir shall be independent in the performance of his or her functions." Section 8(5) provides that "An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions". In the performance of these functions, a letter was issued by an tArd-Chláraitheoir to all religious and secular bodies after it came to his attention that it was intended to have a number of marriages at private houses and at places where the exact locations were uncertain.

Were the address of marriage to be a private house or be vague or imprecise, for example, a large public park, the public policy objective of the provision in section 51 would be defeated. The Minister for Social Protection is seeking clarification from the Attorney General on the question of where marriages can be legally executed under the provisions of the Civil Registration Act 2004. This advice should be received shortly and the next steps will be determined on that basis.

Jerry Buttimer (Cork South Central, Fine Gael)
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I thank the Minister of State for his reply. I welcome the fact that clarification is being sought from the Attorney General in these matters. The reality is that the current interpretation of where marriages and civil partnerships can take place is excessively restrictive. In the United Kingdom and the North, for instance, where essentially the same requirements apply, it has been possible to facilitate ceremonies at many suitable venues that are not restricted to permanent structures with four walls and a roof. It is possible to make small changes which will allow people a wider choice of venue. Even a minor amendment to allow for a statutory instrument to deal with this issue would be a significant step in the right direction. I hope the Minister for Social Protection will consider it.

Another problem people throughout the country are meeting in seeking to arrange marriages and civil partnerships is the shortage of registrars who can perform these ceremonies. While an increasing number of solemnisers from secular groups are available, the limited availability of civil registrars is causing great difficulty. As a consequence of these shortages, it is not possible to arrange ceremonies on Saturdays. This makes very little sense from a revenue-generating perspective because the fees and charges applying to civil marriages and partnerships more than cover the cost to the State. It would benefit everybody if we could facilitate the demand for Saturday ceremonies.

I hope there will be an opportunity to examine these issues and explore the possibility for changes that would allow people to get married and enter civil partnerships on days and in venues of their own choosing. I do not foresee there being any objections to open air weddings at Fort Camden or on Carlingford Lough. We can overcome the obstacles that have arisen if we want to, and I hope the will is there to do so.

Fergus O'Dowd (Louth, Fine Gael)
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I will ensure the Deputy's views are brought to the attention of the Minister. Moreover, if there is other information he might be able to supply, particularly in regard to how these issues have been dealt with effectively in other jurisdictions, it would be helpful to receive it.