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Dáil Éireann debate -
Wednesday, 10 Jun 1998

Vol. 492 No. 2

Adjournment Debate. - Pre-marital Blood Testing.

It was with some reluctance I sought permission to raise this matter. On October 2 1997, when the Children's Bill was being debated in the House, I referred to the fact that there are so many single parents nowadays that young people do not know whether they may be meeting their half brother or half sister. With today's standards of blood and DNA testing, it should be easy to establish whether people are related to each other. Problems will arise in the future if this problem is not tackled now.

The Minister should consider introducing legislation to make blood testing compulsory for people wishing to marry as has been the case in America for some years. Moreover, if a person is HIV positive, their partner is entitled to know that as is the person involved.

When I contributed to the debate on the Children's Bill in this House last October, I received a huge reaction from people all over the country. I spoke to the Minister about the matter and he said it had been referred to the Minister of State, Deputy Fahey. I have spoken to Deputy Fahey on a number of occasions and he keeps telling me the matter is being dealt with. However, I have not received any information on it. I received a letter on the matter from Friends of Galway — Cáirde na Gaillimh, in the Minister's own constituency. It reads as follows;

Dear Ben Briscoe,

Having just heard you talking on the radio, my personal congratulations on both the points you raise. Here in Galway, some of our people have long been concerned about the possibility of unwitting incest because of large promiscuity among young people. These older people are by no means Victorian moralists, just concerned about future problems for society locally so by all means press on with your blood test proposal for which the case is surely very strong.

I also received letters from other organisations which refer to the fact that legislation has been introduced in Britain, particularly for adopted people wishing to trace their parents. The lack of birth information creates a very real possibility of unwittingly causing an adopted or fostered person to commit incest with birth relatives, particularly siblings and half siblings. The risks of adopted people marrying a sibling are above average. For example, many women place more than one child, who may have the same father, up for adoption. Many women who placed children for adoption subsequently went on to marry the father and have a family. Simple figures show that if 40,000 people are legally adopted, there are 80,000 biological parents and 160,000 biological siblings which amounts to a total of 280,000 people.

I have stated on previous occasions that it would not be very difficult to introduce this test. People have asked who would pay for such a test. The people who are getting married should pay for the blood test as they are already paying out a lot of money for their wedding. Perhaps the Minister of State, Deputy Moffatt, will be able to inform me how much a blood test would cost. It may cost in the region of £30, £40 or £50 but the cost would be low in comparison to the overall outlay. We must pay attention to this serious problem.

The statistics are frightening; in certain parts of the country, 80 per cent of babies are born to single parents although the national average is approximately 25 per cent. That should serve as a warning. In a small area or a small town, young people meeting each other in dance halls would not know whether they were related. If people intend to marry, it is in their interest to ensure they will have a long and happy life together and not one in which danger will lurk. I would like the Minister of State to refer this matter to the Minister as it is time some action was taken on it. It should be relatively simple and inexpensive to introduce compulsory blood tests. We owe it to our future generations to look after their interests now.

I thank the Deputy for raising this issue. Parties within the prohibited degrees of relationship cannot marry. Prohibitions are based either on consanguinity, blood relationship, or affinity, relationship by marriage. The prohibited degrees to a wide range of family relationships of the half blood, namely stepsister and brother, as well as those of the whole blood. Section 2 of the Marriages within Prohibited Degrees Act, 1835 provided that all marriages after 1835, between persons within the prohibited degrees of consanguinity or affinity shall be absolutely null and void.

There are some safeguards preventing a couple knowingly intermarrying within the grounds of blood relationships. A celebrant or registrar is expected to make the necessary inquiries in relation to the capacity of parties proposing marriage and the preliminaries to the issuing of a licence, either by the registrar or licenser of marriages, in respect of specified religious denominations, other than Roman Catholic, require the person serving notice to make an oath or declaration that there is no legal impediment to the marriage. There is a requirement for a declaration on similar lines required for a marriage by registrar's certificate. However, parties are not obliged to furnish evidence of non-relationship by means of a blood test.

In the case of marriages according to the rites and ceremonies of the Roman Catholic Church, which are registered after the event, the preliminaries, with the exception of the marriage notification required under section 32 of the Family Law Act, 1995, are a matter of Canon Law and, in this connection, it should be noted that the provisions of Canon 1091 prohibits marriage between all parties related in the direct, bloodline and marriages in the collateral line, namely cousins, to the fourth degree. Canon Law also restricts marriages between parties related by marriage in any degree of the direct line.

The Marriages Acts, 1845 to 1972, as amended, set out the procedures to be followed and the preliminary requirements for the celebration of a valid marriage. There is no legal requirement under those Acts for the taking of a blood test by the parties to be married. Any change to make the taking of a blood test a mandatory prerequirement for marriage would be a fundamental change in marriage law and its implications would have to be examined. This will be done as part of the existing review of the law in relation to the registration of births, deaths and marriages. This comprehensive review will, of necessity, entail consultations with a number of Departments and other interested parties.

I will convey the Deputy's remarks on this important matter to the Minister.

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