The Minister knows the name of the couple involved. This matter refers to a couple who, three and a half months before they got married, notified the registrar for marriages in the county in which they reside of their intention to get married and got a receipt from the registrar stating that matters were in order. When the certificate of registration was sent to the registrar of marriages in another county following their marriage, he said that as he had not been notified of the marriage he could not register it. Therefore, the marriage is invalid in the eyes of the State. The couple notified the registrar, an agent of the registrar-general. They received the receipt from him confirming that everything was in order. It is not unreasonable that people would expect the registrar in the county in which they live would deal with their case. The couple were surprised to learn they should have notified the registrar in another county and because they did not do so their marriage was invalid.
I tabled a question on this matter to the Minister for Health yesterday and he pointed out that there were similar cases and that he was in consultation with the Minister for Equality and Law Reform and the registrar-general to see how they might regularise the matter.
Section 32(5) of the Family Law Act, 1995 states that the registrar means the registrar of marriages for the district concerned appointed under the Marriages Ireland Act, 1844 and the Registration of Marriages Ireland Act, 1863. It appears that the Minister does not have any great discretion to regularise the position without amending the legislation.
I am concerned that the couple have found their marriage was invalid through no fault of theirs. They notified the registrar and got a receipt from him. I am also concerned about the delay by the Minister in taking action. This could have extremely serious consequences for this couple and others who find themselves in a similar position. I need not go into the consequences to which this could give rise if this is allowed continue. The Minister should treat this as urgent. The marriage of this couple took place in Church in September and there has been ample time to deal with the issue.
If the law requires amendment, the Minister should do so retrospectively as a matter of urgency to cover the couples affected by the anomaly. If the matter can be resolved without amending the law, I appeal to the Minister to do so in the next day or two. If he were to tell this couple, or any other couple in a similar position, that their marriage which they believed was valid is valid, that would be the best Christmas present they could get.