Ivana Bacik (Independent)

I move amendment No. 9:

In page 3, after section 5, to insert the following new section:

7.—The Act of 2004 is amended by the insertion of a new Section 54A:

"54A.—(1) An application under section 54 by a philosophical and non-confessional body to have a member or members registered in the Register of Solemnisers shall not be accepted unless an tArd Chláraitheoir is satisfied that—

(a) the body in question has been performing marriage ceremonies for a period of at least five years, and

(b) at least twenty couples have participated in the marriage ceremony of the body, and

(c) these marriages have been solemnised by a registrar and registered in the register of marriages, and

(d) at least one of these marriages has been registered in the register of marriages at least five years before the date of the application.

(2) The body in question shall provide such evidence as an tArd Chláraitheoir may determine to satisfy him or her that the conditions specified in subsection (1) have been met and such evidence shall include direct evidence from the couples referred to in paragraph (b) and (d) of subsection (1), or as many of them as is practicable.

(3) A member of a philosophical and non-confessional body who is registered in the Register of Solemnisers may not solemnise a marriage unless at least one of the parties to the marriage is a member of the body in question.".".

We have had a very full debate on the other amendments and essentially this is part of the same series of amendments but somewhat different. The amendment would insert a new section 54A into the 2004 Act which would refer specifically to applications by a philosophical and non-confessional body. It sets out the same criteria we have already debated and agreed. It just requires that the body would provide such evidence as the Registrar General, an tArd Chláraitheoir, may determine to satisfy him or her that the conditions have been met. This responds to some of the points made by others. It will not be a body designated by the Minister - it will be the Registrar General who will adjudicate on the applications as the registrar currently adjudicates on applications by religious bodies.

Subsection (3) of the new section would require that a member of a philosophical non-confessional body registered in the Register of Solemnisers will not be able to solemnise a marriage unless at least one of the parties to the marriage is a member of the body in question. This is a further relatively onerous requirement which would mean that anyone, for example, who wishes to have a humanist solemniser celebrate his or her marriage would have to be a member of the Humanist Association of Ireland. That amendment, which would create a new section, is entirely in keeping with the amendments we have already discussed. Amendment No. 12 simply inserts a new subsection to create an offence where a person breaches section 54A(3). Again, this is very much linked with amendment No. 9. We have already debated the criteria, and the substance of the amendments has already been passed. These are further amendments to facilitate applications by a philosophical non-confessional body.