Joan Burton (Dublin West, Labour)

The Bill's purpose is to encompass solemnisers of marriage other than those nominated by religious bodies and registrars employed by the Health Service Executive, HSE. The idea is to have a third category of solemniser in addition to civil registrars and members of religious bodies.

The Irish Marriages Acts 1844 to 1972, which pre-dated the Civil Registration Act 2004, contained different procedures for the notification, solemnisation and registration of marriages for different religious bodies. There was a myriad of certificates and licences for marriage depending on the religious body involved and the circumstances in which the marriage was to be had. These procedures were confusing and not readily understood, even by the registrars who were responsible for operating them.

The interdepartmental committee on reform of the marriage laws was established to make recommendations for a universal framework that recognises and underpins marriage as a solemn contract, to streamline procedures and provide consistency and clarity on the formalities to be observed. The committee engaged in widespread public consultation and issued several discussion papers and position papers during 2003. The deliberations of the committee informed the drafting of the marriage provisions of the Civil Registration Act 2004.

The main provisions of the Civil Registration Act relating to marriage provide for common preliminaries and a single set of documentation for all marriages; introduction of the marriage registration form, a single licensing system; establishment of a register of solemnisers; and provision for a choice of venue for civil marriages. Section 51 provides that a marriage may only be legally solemnised by a register solemniser. Section 53 provides for the establishment of a register of solemnisers while section 54 provides that a religious body, or the HSE, may apply to have a member of that religious body or a registrar, respectively, entered in the register.

The matter of the subject of this Private Members' Bill was considered by the committee following receipt of a submission from the Humanist Association of Ireland which requested its members be approved to officiate at marriages. In its position paper on the subject, the committee recommended that power to solemnise marriages be extended to recognised solemnisers of groups in society not adequately catered for by the procedures then in operation.

In the event, the register of solemnisers was confined to registrars appointed by the HSE and members of religious bodies nominated by them. This position was arrived at by a Minister from Senator Mooney's party. This is provided for in section 45 which contains the definitions relevant to Part 6, the marriage provisions. In section 45, as amended by the Health Act 2004, a "body" is defined as the HSE or a religious body. A "religious body" is defined as an organised group of people members of which meet regularly for common religious worship.

Senator Norris should note copies of my script have now arrived in the Chamber.