Written answers

Tuesday, 21 October 2014

Department of Social Protection

Civil Registration Legislation

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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125. To ask the Minister for Social Protection the authority under which the Registrar General acted to set aside the powers vested by legislation in the Supreme Court to appoint a commissioner for oaths to take any affidavit, affirmation, statutory or other declaration, acknowledgment, examination and attestation, for the purpose of any court in this jurisdiction or for the registration of any instrument, when the Registrar General refuses to allow that commissioner for oaths to take a solemn declaration from both parties to a civil marriage; and if she will make a statement on the matter. [40203/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I understand that this refers to the question of having a commissioner for oaths entered in the register of solemnisers provided for under section 53 of the Civil Registration Act 2004, as amended, in order that he/she may solemnise marriages.

Section 54 of the Act provides that a member of a religious body, a member of a secular body or a Health Service Executive (HSE) registrar may be registered in the register of solemnisers for the purpose of legally solemnising marriages in the State.

In December 2012 I championed a significant change to the Civil Registration Act, 2004 which provided that members of secular bodies can be included in the register of solemnisers. This amendment to the Act was approved by the Oireachtas. I made clear that in order to safeguard the institution of marriage any secular bodies that wish to apply to have one of its members solemnise a marriage must meet a number of criteria. Commissioners for Oaths were not covered by this amendment and there are no plans to amend the legislation accordingly.

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