Seanad debates

Wednesday, 2 May 2012

Civil Registration (Amendment) Bill 2012: Committee and Remaining Stages

 

12:00 pm

Photo of Aideen HaydenAideen Hayden (Labour)

As for the amendments before Members, my understanding is they are not discussing the definition of marriage itself in this debate. Were they to so do, I certainly would assure Senators Norris and Zappone that I would have no difficulty in including gay and lesbian couples within the institution of marriage. However, I will preface my remaining remarks by noting Members are not discussing the institution of marriage.

There is no question or doubt regarding the importance of marriage and the critical importance of the institution of marriage for the stability of any society. In this regard, I consider this Bill to be a positive step because in the context of the stability of marriage, the capacity to marry within one's own belief structures surely is of vital importance to the success or otherwise of that marriage. I believe this legislation constitutes a significant step forward in that regard. I also believe it is important not to limit this debate to the humanist group as I believe that in the future, if we are to look forward to inclusiveness, other groups within society will seek to be in a position to solemnise marriage ceremonies. As such, it is important to consider the criteria as to which groups should or should not have the capacity to perform this highly important role within society. I consider the criteria as set out to be sufficiently rigorous not to undermine the institution of marriage itself, which is an incredibly significant institution. If anything, the requirement, for example, that marriages will have been performed for a period of five years before the date of application to be entered on the register of solemnisers will be a quite difficult criterion to reach. Moreover, for any new body coming forward, particularly given the change in Irish society over the past decade in particular, this will be a significantly high bar to reach. If anything, I would have suggested a period of three years might be more realistic.

I agree with the comments of Senator Walsh that it is important to support institutions - I would not restrict such support to the institution of marriage - that support the family, whatever those institutions may be. I also believe there may be a role for a debate, particularly in respect of children, as to how society is treating the changing role of the institution of marriage and other institutions. As matters stand, given the future development of society, it is important to avoid being overly prescriptive, while at the same time being sufficiently rigorous in how groups that are capable of solemnising the institution of marriage are categorised. In the context of moving forward in this society, Senator Mooney might consider not restricting the legislation to one particular group.

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