Seanad debates

Thursday, 10 November 2011

Civil Registration (Amendment) Bill 2011: Second Stage

 

1:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I bring the debate to a close by thanking the Minister, Deputy Joan Burton, and I welcome the Minister of State to the House in her place. I thank colleagues on both sides who have spoken so eloquently on the Bill. I thank the members of the Humanist Association of Ireland for their help and support with the Bill. I should have offered a special thanks to the Minister's advisers and officials before now. They have been remarkably helpful throughout the drafting process in giving advice and they have been generous with their time.

I thank Senator O'Keeffe, who seconded the Bill on behalf on the Labour Party group and who spoke powerfully of the effect this legislation could have in creating a more equal and inclusive society. As Senator O'Keeffe noted so eloquently, we have found time in the House to reach beyond the appalling vista of the economic crisis and that is important. Many speakers have referred to it. It may appear somewhat obscure - I believe I used the word "trivial" - to debate an issue not directly connected to the economy but at a time such as this we should provide people with the genuinely good news story that this Bill represents. We must consider people's quality of life and, as Senator Norris stated powerfully, we must have regard to human rights issues, issues related to the protection of minorities and inclusivity in our society. It is commendable that the Seanad has found time to do this and it is in keeping with the powerful tradition of the Seanad that others have mentioned. I should have commended Senator Mullen before now as well because he has brought forward important legislation, including legislation on criminalising the users of prostitutes. There is a long tradition in the House in this regard and we should have mentioned many others who have brought forward important legislation on important social issues.

Let us consider some of the specific issues raised. Senator O'Keeffe pointed out that the Bill will significantly enhance quality of life for couples and their families at a stressful time of planning weddings by simplifying the process for those who wish to engage in a humanist ceremony. That is an important point.

Senator Mooney raised an important drafting point, which I had addressed, about how one deals with the issue of broadening the definition of categories or bodies, whose members may be licensed to perform civil marriages. I am grateful to Senator Mooney for raising this point. All of us support the inclusion of humanists in principle and the expansion of the definition to cover humanists. The only question remaining is how this is to be done. There is no real disagreement between us. It is a logistical issue that must be dealt with on Committee Stage.

According to my notes of what everyone said, we must either change the Bill to name the Humanist Association of Ireland specifically or we must provide criteria for either the Minister or the Chief Registrar to designate a body. I have no particular preference. It may be more straightforward to name the humanists and I am grateful to Senator Mullen for pointing out to all of us a recent precedent for naming specific religious institutions in legislation. We must examine the matter and I will do so in collaboration with the Minister's advisers and officials. It is something we must deal with on Committee Stage. I thank the Minister. Her speech was helpful in that she indicated that the inclusion of the Humanist Association of Ireland was considered but ruled out during the drafting of the 2004 Act. She raised the issue of the need for criteria and we must consider this while making any amendments.

Senator Zappone spoke powerfully of the importance of recognising the centrality of ceremony and ritual for persons from non-religious backgrounds and traditions and of how non-religious does not mean non-ethical. Senators Zappone and Healy Eames referred to other aspects of the Civil Registration Act that could usefully be amended, including that civil partnerships cannot be performed by anyone other than a HSE registrar and, as Senators Norris and Mullen mentioned, some religions such as the Quakers and the Unitarian Church are thought to be able to celebrate civil partnerships in a legal manner in their churches. It is important to note that the United Kingdom Government has announced its intention to change its laws to facilitate this. This matter should be considered.

Senators Norris and Healy Eames referred to the Church of Scientology. This is useful because under the current definition of a religious body it seems that the Church of Scientology would be covered and it may have sought registration of solemnisers although we must clarify this. Senator Healy Eames also raised an important point about another potential amendment to the Civil Registration Act to provide for the registration of deaths of Irish citizens who die abroad. We should consider this as well and I thank Senator Healy Eames for reminding me about it because I was not aware that this was an issue when the original Act was debated.

I am grateful to Senator Mullen for his support for the Bill. We surprise people with the alliances we made and he has certainly surprised me but I am grateful to him and I appreciate his support for the Bill. While it is a technical, amending Bill, it deals with a serious, deep and profound matter that is of central importance in people's lives, of this there is no doubt. I am pleased that we can have cross-party dialogue on the matter and support for the Bill. The Senator raised an important precedent about the naming of specific institutions in legislation.

I thank Senator Keane for her support. Her reference to the preponderance of women on this side of the House was not lost on Senator O'Keeffe or myself. We also observed that a woman Minister was dealing with the Bill and that a woman is in the Chair and that she is being generous with time too.

I will conclude with a specific answer to Senator Keane. There is already provision in the 2004 Act for the deregistration of persons as solemnisers. A rigorous set of criteria is set out in the Act for how the Chief Registrar operates the decision making powers related to whom he or she registers as a solemniser. There is a separate filtering mechanism. In other words, even if one's organisation is recognised as being capable of applying to have one's members registered as solemnisers, individuals must still be approved by the Chief Registrar.

I thank all those who took part in the debate and I thank the House for supporting the Bill. I thank the Minister for her support as well. I look forward to Committee Stage when we will have a full debate on some of the more technical aspects to be addressed. However, I am pleased all of us support the principle of expanding the definition of those who can conduct civil marriages in the country.

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