I move: "That the Bill be now read a Second Time."
I realise that we four Deputies are probably alone in the Dáil at this point but as Christmas is coming, it is an appropriate time to debate a Bill which proposes to extend the celebration of marriage. Although we may not have Christmas humanist weddings this year, subject to the enactment of the Bill, we may get Whitsun weddings celebrated by humanist celebrants or solemnisers.
I will outline the context for the Bill. The Civil Registration Act 2004 provides for the notification, registration and solemnisation of marriage. Only the Health Service Executive and religious bodies can apply for registration in the Register of Solemnisers established under the Act. The Bill will amend the Act by providing for an extension to the type of organisation that can nominate marriage solemnisers to include secular bodies.
In Ireland marriage and the family unit are central to the Constitution and part of our social fabric. When two people make a public commitment to each other by way of marriage, it is a cause of great celebration and an occasion on which not only do the two people wish to have their families and friends around them but also to celebrate in the belief system they hold dear. The Bill aims to extend the scope of marriage solemnisers across the spectrum of belief systems and formally acknowledge this in the registration system.
I propose to offer some general observations on the rationale and general principles informing the content of this amending legislation and then proceed to summarise the provisions of the Bill. The marriage provisions of the Civil Registration Act 2004 arose from recommendations of the interdepartmental committee on the reform of the marriage laws. The need for a universally applicable framework of clear and simple procedures to underpin the solemnity of the marriage contract was among the issues identified by the committee as requiring examination.
Section 7 provides for the amendment of section 55 of the principal Act to include the cessation of a body as a religious or secular body as a reason the registration of a person may be cancelled on the Register of Solemnisers.
Section 55 provides for the cancellation of the registration of a registered solemniser by the Registrar General on a number of grounds, including a request for cancellation or that the marriage ceremony does not adhere to the necessary declarations. A registration may be also cancelled if the registered solemniser is convicted of an offence under the Act, carries on a business solemnising marriage for profit or gain, is not a fit and proper person to solemnise marriages or for any other reason.
Section 55 sets out the requirements for the Registrar General if he or she intends to cancel a registration. The amendment provides an inclusion of secular bodies so that their registrations may be cancelled under the same criteria, if required.
Section 8 provides for the amendment of section 56 of the principal Act to include secular bodies in the provisions to appeal against refusals or cancellations of registration in the Register of Solemnisers.
Section 56 of the principal Act provides for leave to appeal to the Circuit Court if the Minister dismisses an appeal on the grounds that the body has ceased to be a religious body. This section provides the same appeal rights to a secular body. If the Minister dismisses an appeal on any other ground, a party to the appeal may appeal against the dismissal on a point of law to the Circuit Court. This section provides the same appeal rights to a secular body or to a party to the appeal who is not a member of a secular body.
Section 9 provides for the amendment of section 57 of the principal Act to allow for the granting of temporary authorisation to solemnise marriage to solemnisers from secular bodies. Section 57 of the principal Act already provides for the temporary authorisation of members of a religious body to solemnise marriage. An application made by a secular body under this section will be in such form and containing such particulars as may be determined by the Registrar General. The application must be made by an officer of the body. The certificate must be furnished in a satisfactory form, stating that the person to be temporarily authorised is suitably trained and accredited as set out in section 45A(1)(e) and, in the opinion of that person of standing, is a fit and proper person to solemnise a marriage.
In addition, this section will provide for the Registrar General to request further information regarding applications for temporary solemnisers from a religious or secular body. Currently, there is no provision for the Registrar General to request additional information from religious bodies and this amendment will provide for such a request.
Section 10 provides for the Short Title, collective citations, construction and any necessary commencement.
This Bill represents a significant and important change to the Civil Registration Act 2004, which sees us, as a nation, recognise the increasing desire of people to celebrate marriage in a way that includes their own secular, ethical and humanist beliefs. Marriage is an important institution and this Bill enhances its role in Irish law and society. I welcome the Bill, as it includes members of humanist organisations in the group of solemnisers, which to date has been confined to civil registrars and a wide set of religious faiths and bodies.
I commend the Bill to the House.