Michael Healy-Rae (Kerry South, Independent)
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146. To ask the Minister for Social Protection her views on a matter (details supplied) regarding marriage; and if she will make a statement on the matter. [28980/15]

Joan Burton (Dublin West, Labour)
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The administration of the marriage registration system is a matter for an tArd-Chláraitheoir (the Registrar-General). An enquiry into the case referred to was carried out in the General Register Office in 1999.

Section 32 of the Family Law Act 1995, the legislation which was in place at the time of the case referred to, required that each party to an intended marriage notify the appropriate registrar of their intention to marry not less than three months in advance of the solemnisation of the marriage. The 3 months’ notice was declared to be a substantive requirement for a valid marriage. This means that if 3 months’ notice was not given (or an exemption to the 3 months requirement was not granted by the Courts under section 33 of that Act) a marriage would not be deemed to be a valid marriage and cannot be registered.

In the case referred to, the required notification was not received nor was an exemption granted by the Courts. The marriage, therefore, could not be deemed to be a valid civil marriage and could not be registered.

The Civil Registration Act 2004 is now the governing legislation for the registration of marriages. The Act retains (in section 46) the requirement that, for a marriage to be considered valid, not less than 3 months’ notice of the intended marriage shall be given to a registrar.

The Act also provides (in section 47) that an application for an exemption to the 3 months’ notice can be made to the Circuit Family Court or the High Court and this exemption may be granted if it is justified by serious reasons and if it is in the interests of the couple. Therefore, there is no requirement to amend the legislation.