Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 980: To ask the Minister for Social and Family Affairs the number of objections which have been registered to a marriage under section 58 of the Civil Registration Act 2004 since the introduction of the legislation; the number of decisions upheld; and if she will make a statement on the matter. [1753/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I have been advised by the Registrar General that the position is as set out in this reply.

Section 58 of the Civil Registration Act, 2004 allows for two categories of objection to be lodged in writing at any time with any registrar before the solemnisation of a marriage. Under section 58(3), if the objection relates to a minor error or misdescription in the relevant notification under section 46 which would not constitute an impediment to the marriage, a registrar may make any necessary corrections and give the amended marriage registration form to one of the parties to the marriage. Section 46 provides for notification of intention to marry to a registrar not less than 3 months prior to the date of the intended marriage. Such objections are dealt with directly by the relevant registrar and are not referred to the Registrar General for investigation.

Under Section 58(4) of the Act, if the registrar believes that the objection relates to more than a minor error or misdescription in the relevant notification and considers that there may be an impediment to the intended marriage which needs to be investigated, it must be referred to the Registrar General for consideration.

Under Section 2(2) of the Act, there is an impediment to a marriage if:

(a) The marriage would be void by virtue of the Marriage Act 1835 as amended by the Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921 (i.e. if the parties are closely related by blood or marriage)

(b) One of the parties to the marriage is, or both are, already married

(c) One or both of the parties to the intended marriage will be under the age of 18 years on the date of solemnisation of the intended marriage and an exemption from the application of Section 31(1)(a) of the Family Law Act 1995 in relation to the marriage was not granted under Section 33 of that Act

(d) The marriage would be void by virtue of the Marriage of Lunatics Act 1811, or

(e) Both parties are of the same sex.

Since the commencement of the marriage provisions of the Civil Registration Act, 2004 on the 5th November 2007, five objections have been referred to the Registrar General for investigation under Section 58(4) of the Act. To date, two of the objections have not been upheld and the couples in question were advised that the marriage may proceed. The remaining three objections are still under investigation.