The notification, solemnisation and registration of marriages are governed by Part 6 of the Civil Registration Act 2004. Section 51(2) (c) of the Act provides that a registered solemniser “…shall not solemnise a marriage unless the solemnisation takes place in a place that is open to the public”.
This is currently taken to mean that the place must be a building that is easily identifiable by its address, and that it is open to the public to enter at all reasonable times, but especially on the day on which an intended marriage is to be solemnised.
Section 8 of the Act outlines the functions of an tArd-Chláraitheoir. Section 8 (4) states “An tArd-Chláraitheoir shall be independent in the performance of his or her functions…” while section 8 (5) states “An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions…”.
A letter was issued by An tArd-Chláraitheoir after it came to his attention that it was intended to solemnise a number of marriages at private houses and at places where the exact locations were uncertain. The letter was issued to all religious and secular bodies. Were the address for the solemnisation of a marriage to be a private house, or be vague or imprecise for example, a large public park, the public policy objective of the provisions of section 51 of the Act as decided by the Oireachtas would be defeated.
My Department will keep the procedures regarding the solemnisation of marriages under review in the context of the updating of the Civil Registration Act 2004 through the Civil Registration (Amendment) Bill 2013 which I hope to publish early next year.
The Department intends to engage with stakeholders on the subject of marriage venues in the near future. The format of this engagement has yet to be decided.
