Pat Breen (Clare, Fine Gael) | Oireachtas source

I thank the Senator for his interest in this matter. As he stated, lifestyles and the number of marriages taking place are changing. We are living in a very different society. I thank the Senator for raising the issue which I am taking on behalf of my colleague, the Minister for Employment Affairs and Social Protection, Deputy Regina Doherty, who sends her apologies as she cannot be here.

The legal basis for the appointment of civil marriage registrars may be found in Part 6 of the Civil Registration Act 2004, as amended. Sections 53 and 54 provide for the establishment of a register of solemnisers of marriage and the making of applications by bodies for the registration in the register of solemnisers of members nominated by them. A body may include the Health Service Executive for the registration of a registrar who is employed by it; a religious body, as defined in section 45 of the Act, for the registration of a member of that body; and a secular body, as defined in section 45A of the Act, for the registration of a member of that body.The register of solemnisers is maintained by an t-Árd Chláraitheoir, the Registrar General, and holds the names of all solemnisers who have been approved to conduct valid marriages. Under the Civil Registration Act 2004, the Registrar General has the authority to make decisions on approved bodies and the registration of nominated solemnisers. The only people who can legally solemnise civil marriages are those whose names are entered in the register of solemnisers.

As a grouping, notaries public do not belong to an organisation or body that qualifies to nominate marriage solemnisers under the Act. It is not possible for an individual to apply for registration on the register of solemnisers. Applications for entry in the register of solemnisers may only be made by the HSE, a religious body or a secular body as defined in sections 45 and 45A of the Civil Registration Act 2004. There are no plans to amend the legislative provisions for the appointment of marriage solemnisers.