Catherine Murphy (Kildare North, Independent)
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156. To ask the Minister for Social Protection the qualifications necessary to become a registered marriage solemniser; if the General Register Office maintains a list of recognised religious organisations as nominating bodies for this purpose; if the General Register Office has discretion to refuse a request; if so, under what grounds; if the General Register Office has any role in determining which religious groups may act as nominating bodies or have their members included on the list of registered solemnisers and which may not; if so, the criteria used to determine this; if she will provide a list of applicants whose applications have been refused since 2005, indicating the nominating body in each case; and if she will make a statement on the matter. [25739/15]

Joan Burton (Dublin West, Labour)
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The current legislation governing the solemnisation of marriages in Ireland is Part 6 of the Civil Registration Act, 2004. Section 53 of this Act provides for a register (Register of Solemnisers) of persons empowered, by virtue of their registration in the Register, to solemnise marriages.

Section 54 of this Act provides for the application by bodies for registration of persons and in particular Section 54(1) states:

A body may apply to an tArd-Chláraitheoir:

(a) in case the body is the Health Service Executive, for the registration of a registrar named in the application who is employed by the Health Service Executive and is aged 18 years or more; and

(b) in case the body is a religious body, for the registration of a member named in the application who is aged 18 years or more;

(c) in case the body is a secular body, for the registration of a member named in the application who is aged 18 years or more.

Therefore, in accordance with the legislation, the person being nominated for registration must be either a Registrar employed by the Health Service Executive or be a member of a religious or secular body.

Persons registered on foot of applications at (a) above solemnise civil marriages and those at (b) and (c) solemnise religious and secular marriages, respectively. There is no other provision for persons to become registered in the Register of Solemnisers.

The Register of Solemnisers is published on the General Register Office website which includes the name of the nominating body and solemniser’s details.

Under Section 53 of the 2004 Act, an tArd-Chláraitheoir shall refuse to register a person if he or she considers that:

(a) the body concerned (not being the Health Service Executive) is not a religious body or a secular body;

(b) the form of marriage ceremony used by the body concerned does not include both of the declarations specified in section 51(4), or is inconsistent with either of them;

(c) the form of marriage ceremony used by the body concerned has not been approved by an tArd-Chláraitheoir; or

(d) the person is not a fit and proper person to solemnise a marriage.

To date there have been six decisions by an tArd-Chláraitheoir to refuse religious bodies to nominate a solemniser to the Register of Solemnisers. It is not the policy of his office to reveal information regarding individual decisions.