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Dáil Éireann díospóireacht -
Wednesday, 25 Nov 1936

Vol. 64 No. 6

Marriages Bill, 1936—Second Stage.

I move that the Bill be now read a Second Time. The main object of this Bill is to adapt to existing circumstances certain provisions of the Irish Marriage Acts regarding the appointment of licensing ministers of the Presbyterian Church and the licensing of Protestant Episcopalian Churches for the celebration of marriages. The appointment of licensing ministers of the Presbyterian Church is governed by Section 7 of the Marriages (Ireland) Act, 1844, and the licensing of Protestant Episcopalian Churches by the 34th Section of the Matrimonial Causes and Marriage Law Amendment (Ireland) Act, 1870. The appointment of the former and the licensing of the latter require the approval of the Lord Lieutenant, and it was assumed until recently that this power of approval had passed to the Minister for Local Government and Public Health by virtue of the Adaptation of Enactments Act No. 2 of 1922. I have been advised, however, that such could only have been the case in the event of the issue of an Adaptation Order under Section 12 of that Act specifically adapting the relevant sections in the Marriage Acts.

An order of the Executive Council adapting the provisions of the 7th Section of the Act of 1844 was issued on the 14th February, 1936, and all appointments of Presbyterian licensing ministers made after that date are quite in order. Numerous appointments, however, were made between the date of the establishment of Saorstát Eireann and the date of that order and were approved by me or by my predecessors, and I have been advised that legislation is necessary to validate these appointments. With regard to the other matter, that is the licensing of Protestant Episcopalian Churches, I may say that ten such churches have been licensed or relicensed for the celebration of marriages since the 6th December, 1922. In most cases my approval or the approval of my predecessors was endorsed on the episcopal licence but in a few cases the formality was omitted. I have been advised that legislation is necessary to validate all licences granted since 6th December, 1922, and to remove any doubts which might exist as to the validity of marriages contracted in churches not validly approved since that date. In regard to this matter, I have been approached by representatives of the Protestant Episcopalian Church who have pressed me to have the necessary legislation introduced as soon as possible. I may say that the provisions of this Bill do not in any way cut across the provisions of the Irish Marriage Laws.

Question put and agreed to.
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