Written answers

Wednesday, 14 November 2007

Department of Health and Children

Registration of Marriages

9:00 pm

Photo of Áine BradyÁine Brady (Kildare North, Fianna Fail)
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Question 144: To ask the Minister for Health and Children the reason it was deemed necessary to change the rules in relation to the new marriage laws; the reason these major changes were not highlighted; and if she will make a statement on the matter. [28945/07]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The provisions of Part 6 of the Civil Registration Act 2004 were commenced on 5 November 2007 and govern the procedures for notification, solemnisation and registration of marriages within the State. The previous legislation dated back to Victorian statutes from 1844 and 1863 and were outmoded and inadequate to a modern society.

To address the issues involved, in 1999, an Inter-Departmental Committee was established by Government to review current marriage procedures and to bring forward a universally applicable framework of clear and simple procedures to underpin the solemnity of the marriage contract. The Committee met between 1999 and 2005 and, following extensive public consultation, produced several position papers. The Committee's findings were incorporated into the provisions of Part 6 of the Act. The Act, including the marriage provisions was debated at length in both Houses of the Oireachtas during 2003 and 2004.

The main changes to the rules and procedures for marriage registration are:—

The notification of intention to marry (three months' notice) are to be given in person to a Registrar, rather than by post; postal notifications are permitted only in very restricted circumstances which are prescribed by Statutory Instrument.

All couples giving notification after 5 November 2007 must sign declarations of no impediment and obtain a Marriage Registration Form (MRF) from a Registrar in advance of the ceremony; this is issued after they have completed the necessary notification procedures and the Registrar is satisfied they are free to marry.

A Register of Solemnisers of Marriage has been established and is maintained by the General Register Office. All those solemnising a civil or religious marriage must be on this Register.

It will be possible for civil marriages to be held at venues other than Registry Offices, provided the venue has been inspected and approved by the HSE in advance of the marriage ceremony and subject to a Registrar being available to solemnise a marriage at that venue on the date in question.

The residency requirements for civil marriages are removed.

The procedures for notification, solemnisation and registration of marriage are the same for all marriages, be they civil or religious.

Information notices, detailing the major changes and outlining the revised procedures were published in Sunday newspapers on 4 November 2007 and in the major daily newspapers on Monday, 5 November. The commencement of the new legislation was given extensive coverage in national and local broadcast and print media. In addition, all couples affected by the new rules were contacted by the local registrar.

All registered solemnisers, including religious solemnisers, have been issued with printed guidelines on the legislation and will inform any couple intending to marry of the requirements and procedures when approached to conduct the ceremony. Full details of these procedures are available also from all civil registration offices, from the General Register Office and from the websites www.groireland.ie and hse.ie. An information booklet for couples intending to marry has also been published.

The Registrar General has informed me that, from the increased volume of correspondence from the public with his office and registration offices throughout the country, he is satisfied that these matters have been brought to the attention of the public adequately.

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