The Marriages Bill, 1972, settles a minimum age for marriage and eliminates certain difficulties and doubts arising under the existing marriage laws.
This is an interim Bill with the limited objective of making some rather urgent amendments to the marriage code and I have gone on record as welcoming a general overhaul and codification of the marriage laws which go back over 100 years. Indeed, I have been encouraged by the extent of support which has been made manifest for such a comprehensive measure and, if this House also indicates its support for such a move, it may be taken that the necessary steps will be initiated by me at an early date to make a start on this. I must reiterate my belief that the need for such a comprehensive measure must be accepted generally and that all religious bodies must have a considerable voice in working out a revised marriage code. My reason for saying this arises from the need to obtain not alone a consensus of views, but, as far as possible, agreement of views, on matters which are so delicate and so complex and so important as the marriage code. These requirements affect every member of the community in one way or another; they are interwoven with religious beliefs and practices; they are interlinked with rights to property; they have international repercussions. The difficulty of such a task should not be under-emphasised.
Consultations on this small Bill, which has had complexities out of proportion to its size, have been undertaken with all religious bodies both before the provisions of the Bill were formulated and in specific terms after its introduction. And I think I can say that in every case where one religion only was concerned in a provision that that provision is to the complete satisfaction of the religious denomination concerned. Where a provision affects more than one I have done the best I could to meet the wishes of all. I think I can say that the Bill has not alone been generally welcomed by the religious denominations but that all the pressures have been to have it enacted without further delay. I must again record my appreciation of the religious bodies, whom I consulted, for their willing co-operation in this matter.
On the detailed provisions, section 1 fixes 16 years as the normal minimum age for marriage. There is provision made for exemptions to be given for specified reasons and subject to specified safeguards which are set down in the section. This is the first time we have had a statutory minimum age for marriage and up to now we have been dependent on a common law requirement under which the minimum ages were 12 years for a girl and 14 years for a boy.
I should perhaps explain that a United Nations Convention of 1962 provided that parties to the convention would take legislative action to specify a minimum age for marriage and to provide that no marriage should be legally entered into by any person under that age except where a competent authority had granted a dispensation as to age for specified reasons in the interests of the intending spouses. The United Nations followed this up in 1965 when the General Assembly recommended member states to fix the minimum age at not less than 15 years. In drafting section 1 it will be noted that the interests of the intending spouses are in fact kept to the fore. The minimum age of 16 obtains as regards males in the United Kingdom, Italy, Portugal and Spain and of 18 years in eight other European countries and a minimum of 20 in two others. As regards females, a minimum age of between 12 and 16 obtains in nine European countries, a minimum of 17 in one and a minimum of 18 in four others. In 12 European countries there is provision for exemption from the minimum age. The numbers of marriages in Ireland of persons one of whom was under 16 years of age average about 30 a year of whom the great majority are Roman Catholic marriages. In 1969 and 1970, for example, of the 60 girls and three boys under 16 who married 57 were Roman Catholic.
Section 2 deals with the validation as to form of the marriage of an Irish citizen which was solemnised in Lourdes, by a religious ceremony only, before the passing of this Act where the requirements of the French civil law were not complied with. That law requires marriages to be by civil process whether or not a religious ceremony is also performed and the absence of the civil process in the small number of cases concerned has raised a doubt about the "Lourdes Marriages" as they are called. It is possible and perhaps probable that the Irish courts would hold such marriages as valid here but the present section settles any doubt which might arise. The section also contains a provision for optional registration here if the parties so desire.
Section 3 deals with certain marriages of members of the Church of Ireland. Some of their churches have in the past been amalgamated or closed and the districts of the closed churches or amalgamated churches should have been attached for marriage purposes to a church which was still open. The section covers cases where this was not done in good time.
Section 4 concerns the members of the Orthodox Jewish faith and permits the secretary of the synagogue to appoint a deputy to act in relation to the registration of marriages solemnised in the synagogue during the secretary's absence.
Section 5 deals with the Dublin Jewish Progressive Congregation which was established some 26 years ago. It provides for recognition, for civil purposes, of marriages solemnised in the synagogue of the congregation. It terminates the arrangement, which has operated up to now, whereby, despite a religious marriage ceremony in their synagogue, they were required, for civil purposes, to have another marriage ceremony in a registrar's office. The section also provides for the appointment of a deputy to the secretary who will register marriages held in the synagogue in the absence of the secretary.
Section 6 is designed to facilitate members of small religious groups who have only very few churches in the state. At present in such cases it is necessary for at least one of the parties to reside for 23 days in the registrar's district in which the church in which they wish to marry is situated before the registrar can issue a licence to marry. If neither of them resides in such district, one of them has to change residence temporarily. Under the section such period of residence will no longer be necessary—the requisite notice can be given in the registrar's district in which he or she resides.
Section 7 provides in one concise revised provision for what is called parental consent to the marriage of a minor. This requirement under the section, will apply to all under 21 marriages solemnised in the State including, for the first time, marriages solemnised in Catholic churches. I would call attention also to the provisions of section 18 of the Bill under which a change may be effected in regard to the age of 21. Section 7 makes it clear that the marriage of any underage person solemnised in the state must have the consent of both parents or, if only one is alive, then of that parent; or if the child has one parent and also a guardian, then of both those parties. Where there is no parent or guardian then either party to the marriage may look to the courts for consent and the adjudication of the court may also be sought in cases where a parent or guardian withholds or refuses consent, where the parent or guardian is unknown or of unsound mind or is unreasonably difficult to locate. If one parent consents, and the other withholds or refuses consent, recourse to the court would also be possible to enable the under age marriage to be solemnised if the court so thinks fit. The section is drawn in such a way that the consent will be sought from the courts in a manner which is quick, informal and as inexpensive as possible.
Section 8 of the Bill by changing the words "Meeting Place" to "Church" brings the legal titles in relation to the Presbyterian Church into line with the titles in use by that Church.
Section 9 gives to the Assistant to an tÁrd-Chláraitheoir the same formal statutory powers in relation to marriage as he now has in respect of births and deaths. It is not clear why the position was ever otherwise.
Section 10 is of interest to members of the Church of Christ Scientist. Their marriages in registrars' offices are linked, at present, with a requirement to have notice of the intended marriages published in the newspapers. In future this will not be necessary and the notice of the marriage will be sent to the secretary of the church.
Section 11 removes a restriction in respect of the Church of Ireland mentioned in an Act of 1870 dealing with marriages. The reference in that Act to rules of the church in force in 1870 is being changed to rules of the church in force from time to time.
Section 12 will remove restrictions about residence relating to the marriage of members of the Church of Ireland who, for example, moved from a city centre to the suburbs and continued attending at a city centre church. The section will enable the couple to marry in the church where one of them worships or in the church attached to the district where he or she lives. The section is of general application throughout the country and deals with any members of the Church of Ireland who have continued to worship in a particular church after moving to another area.
Sections 13 and 14 deal with the existing statutory requirements about special licences. Special licences are issued by specified religious leaders who may authorise a marriage of persons of the same religion as themselves at any time without residential qualification and in any place. These provisions were set out in an Act of 1870. Sections 13 and 14 provide that, in future, only one of the parties to the marriage need be of the religion of the person issuing the licence. The sections also make provision for the appointment of a deputy who may issue special licences in the absence of the authorised person. Section 14 also authorises the Chief Rabbi to issue special licences and this is a new provision in his case.
Section 15 will operate to enable two or more religious bodies to combine in making joint use of one building for marriage services by the religious bodies if they so wish. It also removes legal difficulties which exist about the use of temporary buildings for marriage purposes where, for example, the usual building is being reconstructed or has been destroyed by fire.
With regard to section 16, cases have occurred where parties wished to marry by civil process but one of them was so ill that he or she could not travel to a registrar's office to be married. This provision will authorise an Ard-Chláraitheoir to issue a special licence which, in effect, will enable the registrar of marriages to travel to where the sick person is and officiate at the marriage ceremony there. The section will benefit those types of hardship cases the number of which is not expected to be large.
Section 17 wipes out all the existing legal restrictions as to the hours of the day at which marriages may be performed by religious ceremony. The one exception to this is in regard to civil marriages in a registrar's office and in this case the hours in which marriages may take place are being extended. The commencing hour remains the same, at 8 o'clock, but the closing hour is 5 o'clock instead of 3 o'clock as at present.
Section 18 authorises the Minister by regulations, which must be tabled in each House of the Oireachtas, to amend the age limit of 21 which is referred to in section 7 of the Bill and is mentioned incidentally in various consequential provisions of the marriage laws. The intention is that if the voting age is lowered from 21 to 18 a corresponding reduction will be made in the age of marriage in respect of which parental consent is necessary.
I commend the Bill to the House.