Written answers

Thursday, 8 November 2007

Department of Health

General Register Office

5:00 pm

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 94: To ask the Minister for Health and Children if the General Register Office decided to withdraw the marriage registration from the local area registrars throughout County Roscommon and centralise same, much to the inconvenience of the community; and the position regarding same in view of the unworkable nature of the arrangement. [27962/07]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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An tArd Chláraitheoir, the Registrar General, is the person with the statutory responsibility for the administration of the civil registration system in Ireland. I have made enquiries with an tArd Chláraitheoir and the position is as set out below.

The provisions of the Civil Registration Act, 2004 concerning marriages were commenced on 5 November 2007. From this date, there is a requirement that both parties to an intended marriage must give notification of intention to marry, in person, to a registrar (unless resident outside of the State or unable to attend in person by reason of ill health). The purpose of the delivery of the notification in person is to allow the registrar to be satisfied as to the identity of the parties, the witnesses and the solemniser, as to their capacity to marry each other (ensuring that no impediments exist) and as to their freedom to marry (checking that any divorce or annulment granted to either party from a previous marriage is legally valid).

Once the registrar is satisfied that the marriage may proceed, a Marriage Registration Form (MRF) is generated electronically from the computerised Civil Registration System (CRS) and given to the parties. The MRF is essentially a licence to marry and is the basis of the registration of an entry in the register of marriages following the ceremony. From 5 November 2007, no marriage is valid unless an MRF has been issued and is signed by the parties, the solemniser and the witnesses following the ceremony.

When couples intend to give notice of intention to marry, they will contact the registrar's office and make an appointment to meet the registrar. At the initial contact stage, the procedures and documentary requirements will be explained to the couple. This will ensure that when they visit the registrar's office, they will have all necessary documentation with them and the notification can be made and the MRF issued at the same time. This procedure gives the highest possible degree of assurance to the couple and the registrar that everything is in order and that the marriage can proceed as intended.

The new procedures for notification of intended marriage and registration of marriage are completely computerised, using the most up to date technology available, and is the central component in administering the new marriage provisions. The database also contains a register of solemnisers and locations for marriage, access to which is essential to completion of the marriage notification process. The database is available to all registrars who are employed in this capacity by the HSE.

However, within Co. Roscommon and in a number of other areas throughout the country, there are a small number of private registrars who are either not directly employed by the HSE or who perform registration duties outside of their whole-time duties with the HSE. These registrars do not have access to the computerised system, for reasons of security and data protection. In many cases they operate from a private residence and the safety and integrity of the system, (which contains almost all births, deaths and marriage records) would be exposed to unacceptable risks at these locations.

The registrars in question continue to operate a paper-based registration system for births and deaths registrations and these entries are taken on to the computerised system when forwarded to the Superintendent Registrar for the area. The practical and logistical difficulties in administering similar arrangements in the case of marriage notifications and the MRF were considered by the Registrar General and found to be impractical and unworkable.

Unlike birth and death events, the MRF details are dynamic and subject to change between the time of notification and the date of the marriage. Almost all details (such as the venue, the solemniser, the witnesses, etc.) may change and any and all changes must be reflected on the MRF. Any delay in this process, between the time the registrar is notified of a change and the time that the amended MRF is issued, could potentially jeopardise the validity of a marriage and it was felt that the potential risks involved significantly outweigh any convenience in involving such registrars in the marriage process.

Prior to the commencement of the new provisions, one or both of the parties to a marriage had to be resident in the district in which the marriage took place and notice of intention to marry had to be served to the registrar for that district. The new provisions abolished these requirements and notification of intention to marry may be delivered in person to any registrar's office, irrespective of residence and the location of the venue for the proposed marriage. These changes, far from centralising the service, mean that persons living in Co. Roscommon may deliver notification of intention to marry to a number of registrar's offices in the region, including Roscommon town, Longford, Carrick-On-Shannon, Sligo, Galway and Castlebar, or to any registrar's office in the State.

Having consulted the Registrar General, I am satisfied that the new arrangements will not result in any significant inconvenience to local communities in Roscommon and are the most practical means of ensuring that the new provisions will operate effectively.

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