Written answers

Wednesday, 1 July 2015

Department of Social Protection

Legislative Measures

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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57. To ask the Minister for Social Protection further to Parliamentary Question No. 56 of 28 April 2015, the progress that has been made in enacting all sections of the Civil Registration (Amendment) Act 2014, in particular the sections relating to holding outdoor weddings; when she expects these sections to be enacted; and if she will make a statement on the matter. [26560/15]

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour)
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The Civil Registration (Amendment) Act 2014 was enacted on 4th December 2014.

The Act contains a wide range of provisions and these will be put into operation on the basis of an implementation plan involving both procedural and system changes. This work is being progressed as quickly as possible in order that the various provisions of the Act can be commenced.

There had been some uncertainty about the law in relation to outdoor marriages last year. On the basis of legal advice, the Tánaiste issued a press release in July 2014 clarifying that they were in fact permitted under the legislation in force at that time. The 2014 Act includes provisions to define more clearly what constitutes a “place that is open to the public” in relation to venues where marriages and civil partnerships may take place. This is to ensure that the public policy objectives with regard to the solemnisation of marriages in both indoor and outdoor venues are upheld (i.e. including that the marriage is taking place in a venue which is truly accessible to the public). These provisions are being prioritised for commencement but this does not prevent marriages being solemnised outdoors at the present time.

Marriages by religious or secular solemnisers may currently be solemnised at an outdoor venue with the agreement of the parties and the solemniser.

In relation to venues for civil marriages solemnised by registrars, under section 52 of the Civil Registration Act 2004, these are subject to “matters specified” by the Minister. These “matters specified” have been revised to reflect the updated position and were signed by myself on 29 May 2015. As a result of this revision civil marriages may now be solemnised outdoors with the agreement of the parties and the registrar.

Similar “matters specified” have been signed in relation to civil partnerships.

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