Dáil Éireann Debate, Thursday - 12 June 2014
108. Deputy Jim Daly asked the Minister for Social Protection her views on the current law which excludes persons from arranging a marriage ceremony outdoors or in marquees (details supplied); and if she will make a statement on the matter. [25015/14]
View answerThe 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 updating the Civil Registration Act 2004 when required.
