Seanad debates

Thursday, 8 March 2018

10:30 am

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister of State, Deputy Pat Breen, is very welcome as ever.

Photo of Colm BurkeColm Burke (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for coming into the House to deal with this matter.

In the past few months a number of people have been in contact with me to raise the concern that registrars for marriages are not available on Saturdays and Sundays. I know that, traditionally, in Ireland weddings take place six days a week, although not necessarily on a Sunday. There has been a change in that regard. People have said, in particular, that registrars are not available on a Saturday. A proposal that has been put to me is that notaries public could perform this task, as they have to go through a robust system before being appointed in the courts system. As there is a notary public in every major centre of population throughout the country, he or she might be a suitable person to be appointed.

The Irish Institute of Celebrants runs a course which leaves people with all of the qualifications required to conduct wedding ceremonies, but they are not recognised as official registrars. The institute has contacted me because people are taking the course and possess the qualifications and although they can conduct ceremonies, they are not recognised as official registrars. It costs approximately €2,500 to take the course which is quite intense. The rules and regulations must be complied with, but it does not cover the registration of marriages. There is an issue on Saturdays and Sundays as registrars are not available to conduct ceremonies. Could amending legislation be introduced to deal with the matter?

Photo of Pat BreenPat Breen (Clare, Fine Gael)
Link to this: Individually | In context | 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.

Photo of Colm BurkeColm Burke (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am just not satisfied with that answer as it still does not deal with the problem of individuals being available to solemnise a marriage on a Saturday. If the person is a member of the religious body that has clearance from the Registrar General, it is possible but what if he or she is not a member of that religious body and there is no registrar available on a Saturday? This matter must be dealt with. I have suggested notaries public because, as I mentioned, there is one in every major centre of population throughout the country. There is a problem as people are not available on a Saturday or a Sunday to solemnise marriages, unless one gos to one of the recognised religious bodies. There is, therefore, a deficiency in the scheme. I ask for the matter to be examined to see if the process can be broadened to include persons who want to be available to solemnise marriages on Saturdays and Sundays.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I can see where the Senator is coming from. As he knows, the registration of marriages is governed by Part 6 of the Civil Registration Act 2004. The marriage provisions regulations commenced on 5 November 2007, replacing legislation which dated back to 1844. The main changes were the requirement for all couples to give notice in person of their intention to marry, the introduction of common preliminaries for all marriages and a choice of venue for civil marriages. I will take on board the Senator's legitimate views and convey them to the Minister. I will ask her to look at them, but I cannot guarantee anything in that regard. There are many solemnisers who can perform marriage ceremonies. The total number of solemnisers is approximately 5,766. In 2016 there were 5,630 religious solemnisers, with 113 civil solemnisers and 23 secular solemnisers. I can see the Senator's point about availability on Saturdays and Sundays and will convey his comments to the Minister to see if there is anything we can do. I cannot promise anything, but I thank the Senator for raising the matter. I am sure it will not go away and will be raised again in the future.