asked the Minister for Health if he will consider the introduction of legislation which would require persons marrying in the State to undergo a distinct civil ceremony; if any discussions have been held with the various churches to ensure that the nature of the marriage contract and its legal consequences would be made clear to persons undergoing a church marriage, which his predecessor indicated in the Dáil on 16 December 1986 were planned; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Marriage Legislation.
13.
I do not intend at this stage to introduce legislation which would require persons marrying in the State to undergo a distinct civil ceremony. This matter was considered by the Joint Committee on Marriage Breakdown who rejected it on the grounds that it would create considerable administrative and financial difficulties for all concerned.
The discussions proposed by my predecessor did not go ahead. However, the question of ensuring that the nature of the marriage contract and its legal consequences should be made clear to persons undergoing a church marriage is under review.
Will the Minister of State confirm that it is proposed to pursue the initiative which his predecessor was proposing, to consult with church authorities with regard to making it clear that a civil ceremony and a civil contract are being entered into as well as the religious ceremony involved in churches of various denominations?
As I have stated, the situation is under review at the moment. We know the present position in relation to the marriage ceremony and we are going to keep it under review.
That is not a satisfactory reply. Will the Minister of State give me an answer, yes or no? Does he propose to pursue the initiative proposed by his predecessor with regard to approaching the church authorities to make it clear that a civil procedure is involved as well as a religious procedure? The Minister of State must surely be aware that it would lead to a higher degree of rational discussion with regard to marriage breakdown, divorce, separation etc. if it is clear to people who are getting married in a church that they are entering a legal contract.
The review group set up to examine the situation met on a few occasions. Due to changes of staff, their work has not continued. The question of having them reactivated is under consideration.
Let me ask the Minister of State the nature of the communication that has issued from the Department that would clarify to those conducting marriage ceremonies at what stage of the ceremony they announce they are now conducting a civil, legal, contractual part of marriage.
At present marriage in Ireland may be solemnised by a religious ceremony or a civil ceremony.
That is great news now. Who wrote that section?
Deputy Desmond, when a question is asked please let us hear the Minister's reply. That is the least courtesy we can offer in this House.
Maybe it was the Deputy's own preparation at the time. The vast majority of marriages are by religious ceremony and most of these are in accordance with the rites and ceremonies of the Roman Catholic Church. Other religious marriages include those in accordance with the rites, ceremonies and usage of the Church of Ireland, Presbyterian Church, the Jewish religion, the Society of Friends and all other religious denominations whose buildings are registered for the solemnisation of marriage. Such marriages by religious ceremony embrace a civil as well as a religious contract and must comply with specific requirements of civil law.
That does not answer the supplementary I asked. I did not ask the venues for the solmenisation of marriage. I asked what guidelines were issued by the Department which would be incorporated in the ceremony and instruct people to say: "At this stage we are completing the distinct legal, civil aspect of marriage". What guidelines, if any, have been issued from the Department in view of the Minister of State's reluctance to even think of separating the venues or the officiating officers?
I will have to ask the Deputy to put down a question in relation to that.
Following the outcome of the recent referendum in this area, have we not the responsibility to support and encourage happy marriage seeing that we make no provision for its breakdown? Is the Minister aware that the Committee on Women's Rights supported the idea of the nature of the contract being more fully explained to people, and felt that this would certainly enhance the prospects of marriage being a success if the partners to it were, as a result of State intervention, asked to consider the many elements involved in the contract of marriage which tend to be forgotten in the glow of the white wedding? Would he not undertake to give a more positive response to the Deputy who put down this question that he will advance this proposal?
The marriage law of Ireland is exceedingly intricate, by reason of the various modes and procedures adopted by different religious groups. The laws, which were mostly made in the 19th century, are sometimes difficult to apply to some of the modern day situations that arise. That, in a sense, covers the question the Deputy is asking. We are examining it at the moment and, in due course, we will make a decision in relation to the approach which we may or may not make.
Without much expectation that I will get a reply to what I am asking, let me ask the Minister first, at what stage do his Department propose to introduce, consider or review the introduction of legislation for separate civil ceremonies? Second, who is reviewing the present marriage ceremony procedures, whether religious or otherwise? Is it his Department? Is it a group of Ministers? Will we get a report on that review, and how soon? Third, what guidelines, if any, have been issued by the Department to those who carry out or officiate at marriage ceremonies to distinguish between the religious cerermony and the legal civil contract which is being entered into by the couple in the name of the State?
I refer the Deputy to the Committee on Marriage Breakdown first. Also let me refer to the fact that the Law Reform Commission were asked by the Department some time ago to undertake a review of the legislation governing the registration of births, deaths and marriages and the format of the marriage ceremony would be among the items considered in the course of such a review. The commission indicated that due to the pressure of their work programme it would not be possible in the forseeable future to undertake such a review. The review group met on a few occasions and, due to changes in staff, the work was not continued at the time. The Committee on Marriage Breakdown considered situations where civil and religious marriage ceremonies take place at the same time. The committee, however, rejected the idea of a distinct civil ceremony on the grounds that to require parties to undergo a separate civil ceremony in addition to the religious ceremony of their choice would create considerable administrative and financial difficulties for all concerned. The committee acknowledged that the dual purpose ceremony could give rise to difficulties in understanding and felt it would be desirable that the nature of the contract and its legal consequences should be made clear to the parties at the time of the ceremony. It was felt that it could be implemented by including a specific reference to the civil contract before the exchange of the marriage vows.
That was my question to the Minister.
I think the Deputy was on the committee.
No. But the Minister is not implementing that now.
The position is that we are reviewing it at the moment.
(Interruptions.)