Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Bill for secular marriages passes in Senead, but it needs to be amended

Options
124

Comments

  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    The reason for using the 'philosophical and non-confessional body' description is that this is already enshrined in EU law as a parallel to religious bodies. It is meant to encompass bodies that are formed around a shared world view that is of significance and coherence, but that is not religious in nature.
    Do atheists have a "shared world view" ?
    It could be argued that they do if they are also humanist in outlook.
    Is that the official EU definition of a 'philosophical and non-confessional body' or just your interpretation? (not a bad definition BTW)
    Also, Atheist Ireland has already met with the Presidents of the European Union, Parliament and Council under this description, because the EU institutions are obliged to treat religious and philosophical non-confessional bodies equally.
    That is useful recognition to have, but it does not mean AI would always be guaranteed a place at the table. I'd say in reality you earned your place through solid actions and informed petitions, rather than just by claiming to be a "non-confessional philosophical body".
    Whatever the motivation, it is definitely deliberate. An entire section was copied from one act to another, with just one sub-clause deleted.
    It is odd that they cut it out, but there is still a possibility that they just thought taking out the reference to "charitable purpose" would render the sentence too open, such that it becomes meaningless, eg.

    Before;

    (b) a body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the charitable purposes of the body.”

    After;

    (b) a body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the purposes of the secular body.”

    For example, a random political party might be able to apply under the second version.

    It leads back to the politicians desire (wrongly IMO) to restrict access to get on this approved list to organisations claiming some kind of (undefined) moral authority.
    Humanists are worthy. Atheists, not so much. Anyone trying to register as part an honest business (eg wedding planners) are unworthy. Ironically, if you are part of a sham business, running your own religion or acting as a spriritualist, you are grand.
    Perhaps they feel they are somehow protecting the "sanctity" of marriage, but the whole "sanctity" thing started to unravel with the first civil registry office wedding. What is left nowadays from the point of view of the State is just a legal contract. For the couple themselves, it is more than that of course; its a commitment to each other in front of their family and community.


  • Registered Users Posts: 1,086 ✭✭✭Michael Nugent


    recedite wrote: »
    Do atheists have a "shared world view" ?
    It could be argued that they do if they are also humanist in outlook.
    Is that the official EU definition of a 'philosophical and non-confessional body' or just your interpretation? (not a bad definition BTW).
    I was paraphrasing the protection given to atheism as a value system by the European Convention on Human Rights.

    Article 9 of the European Convention on Human Rights, which covers the Right to Freedom of Thought, Conscience and Religion, states that

    1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, and to manifest his religion or belief, in worship, teaching, practice and observance.

    2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

    The Council of Europe has issued a handbook explaining the implications of Article 9. This states the following about what is meant by ‘thought, conscience and religion’:
    Personal beliefs to fall within Article 9 protection must “attain a certain level of cogency, seriousness, cohesion and importance” and further be such as to be considered compatible with respect for human dignity. In other words, the belief must relate to a “weighty and substantial aspect of human life and behaviour” and also be such as to be deemed worthy of protection in European democratic society…

    Atheism [is a] value system clearly encompassed by Article 9…

    It is important to note that non-belief as well as nonreligious belief are also protected by Article 9. As enshrined in Article 9, freedom of thought, conscience and religion is one of the foundations of a “democratic society”within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it. While religious freedom is primarily a matter of individual conscience, it also implies, inter alia, freedom to “manifest [one’s] religion”. Bearing witness in words and deeds is bound up with the existence of religious convictions.


  • Registered Users Posts: 1,086 ✭✭✭Michael Nugent


    recedite wrote: »
    Do atheists have a "shared world view" ?
    It could be argued that they do if they are also humanist in outlook.
    Re your original question, I would say yes, atheists have a shared world view. A world without gods is a very different world to a world with gods, both in terms of reality and morality. Sharing that much of a world view is significant, particularly in a world where most people believe the opposite. Adding in humanism brings a more specific world view, but atheism of itself is already significant.


  • Registered Users Posts: 1,086 ✭✭✭Michael Nugent


    recedite wrote: »
    It is odd that they cut it out, but there is still a possibility that they just thought taking out the reference to "charitable purpose" would render the sentence too open, such that it becomes meaningless...
    For example, a random political party might be able to apply under the second version.
    I don't think so, because the act also says elsewhere that you have to have charitable status for five years, and the exclusions also specifically exclude political parties, trade unions etc.

    Whatever the motivation, the clear intent was to restrict things further than the restrictions on charities, by removing one of the political freedoms that charities have.
    recedite wrote: »
    It leads back to the politicians desire (wrongly IMO) to restrict access to get on this approved list to organisations claiming some kind of (undefined) moral authority.
    Humanists are worthy. Atheists, not so much. Anyone trying to register as part an honest business (eg wedding planners) are unworthy. Ironically, if you are part of a sham business, running your own religion or acting as a spriritualist, you are grand.
    Perhaps they feel they are somehow protecting the "sanctity" of marriage, but the whole "sanctity" thing started to unravel with the first civil registry office wedding. What is left nowadays from the point of view of the State is just a legal contract. For the couple themselves, it is more than that of course; its a commitment to each other in front of their family and community.
    I agree with all of this. And the worst thing is, they probably believe they are doing something good by protecting marriage from atheists and Elvis impersonators.


  • Closed Accounts Posts: 7,230 ✭✭✭Solair


    I'd just love to know why the HSE is involved with weddings?
    I cannot think of a less romantic organisation.
    Maybe the Department of Arts, Culture and Tourism or something like that instead?
    Or, your local council?
    But, the HSE?! It's not an appendectomy !


  • Advertisement
  • Registered Users Posts: 33,866 ✭✭✭✭Hotblack Desiato


    Because they're responsible for the registration of births, marriages and deaths.

    http://www.hse.ie/eng/services/Find_a_Service/bdm/

    Life ain't always empty.



  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    Atheism [is a] value system clearly encompassed by Article 9…
    That's interesting, I wasn't aware that the EU already recognised atheism as "a value system". Perhaps there is some mileage to be had by using that quote that when dealing with Irish TD's. Seeing as they are always so deferential to the EU institutions.


  • Closed Accounts Posts: 3,371 ✭✭✭Obliq


    Solair wrote: »
    I cannot think of a less romantic organisation.

    I got married in Limerick registry office - births and deaths are around the corner from the main building where marriages are held, but the whole place is a dump (registered two kids there - looks like the mess room in a disused barracks). If I'd gone to check out the place beforehand (didn't bother as had no choice of venue at the time) I swear I'd have called off the whole thing.

    The HSE had made a hilarious effort to tart the place up. The front window had two shop dummies standing rigidly side by side, that had seen better days (you know the flesh coloured plastic on them when it's been over-exposed to the sun?) dressed up in wedding gear and surrounded by what looked suspiciously like plastic grave flowers......inside was worse again - the walls were pea green, the chairs were your classic brown plastic school-chairs, and there was a fake plant in one corner and a large office desk in the other. I have to say, the registrar gave it his best shot, but it was FAR from romantic.

    I only wish I'd taken a photo of the dummies - they were truly special. Great memories :rolleyes:

    Sorry, bit off topic!


  • Registered Users Posts: 33,866 ✭✭✭✭Hotblack Desiato


    Hopefully it's been done up since :)

    Grand Canal St. in Dublin is nice.

    Life ain't always empty.



  • Registered Users Posts: 12,644 ✭✭✭✭lazygal


    ninja900 wrote: »
    Hopefully it's been done up since :)

    Grand Canal St. in Dublin is nice.
    I thought it was awful, torn chairs for guests and weird office style chairs in front of the celebrant who sits at a desk. Not to mention the lecture theatre feel, with no proper "aisle". Hated it and was glad we were only doing the formalities rather than a full wedding there.


  • Advertisement
  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    im interested in the paperwork i think i gather from what some of the politicians said, that they wanted a body of 5 years standing because of the complex paperwork involved although it doesn't actually look complicated for most people http://www.groireland.ie/getting_married.htm#section4

    I wonder if anyone here who marrying a person not born here had to go through?
    how much more work did your priest or registrar have to do if at all?


    if theres anything to look into that's done by the dept of health, foreign affairs and justice not the solmeniser

    are the politician punishing many people for the tiny amount of fraud that may occur, suggesting they will be the source of more fraud, its the classic department line, we've much of recently


  • Registered Users Posts: 33,866 ✭✭✭✭Hotblack Desiato


    lazygal wrote: »
    I thought it was awful, torn chairs for guests

    Not when I was there, but that was over 6 years ago now. Looked quite recently done up at that time. Been in pretty heavy use since then with the number of civil weddings going up all the time.

    An aisle would make it look too much like a church imho and 'lecture theatre' at least means rows behind the first one can see what's going on :)

    Life ain't always empty.



  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    some november 2012 updates to solemnising http://www.groireland.ie/docs/Notes_for_Religious_Solemnisers_Updated_Nov_2012.pdf
    All couples must now present in person to a Registrar to give their three months’
    notice

    were AI suggesting changing that nope, so no there could be no drive through spur of the moment elvis weddings as joan was suggesting

    It is important to advise couples that they
    should have all documentation in order before the visit to the Registrar’s Office
    in order to avoid the necessity for a second visit. In this regard it is essential that
    the proposed solemniser is on the register at the time of giving notification.

    hmm ok


    the HSE registrar handles all this stuff for all kinds of marriages why do they need special demands for secular bodies
    you get a Marriage Registration Form filled in and signed with the HSE and you give that to the solemniser.
    The Marriage Registration Form is the civil authorisation for the marriage to proceed. Any marriage solemnised without a Marriage Registration Form will be null and void in civil law and of no legal effect.

    ok

    2.2 Checking the Marriage Registration Form
    A Marriage Registration Form (MRF) is issued to every couple once they have completed the necessary civil preliminaries with the registrar. The couple are obliged under the Act to give this form to the solemniser before the ceremony (the couple and the solemniser should make their arrangements regarding how and when this is done). The solemniser must check the MRF to ensure that it is correct as far as he or she is aware – this would particularly apply to the details regarding the solemniser and where the marriage is taking place. (There will obviously be details on the MRF relating to the couple which the solemniser may not be familiar with).
    Section 48(3) of the Act states that a marriage shall not be solemnised unless one of the parties to the marriage has given the relevant MRF to the person solemnising the marriage, for examination by him or her. Under Section 69(10) (c) of the Act, a person, who being a registered solemniser, solemnises a marriage without the MRF having been given to him or her, before the solemnisation, for examination by him or her is guilty of an offence.

    so the solmeniser just has to check the MRF, that doesn't sound too onerous...

    Last-minute amendments to the MRF
    While couples will be requested to ensure that any necessary changes to the MRF are notified to the Registrar in advance of the ceremony so as to allow for it to be amended and reissued, situations will arise (e.g. illness of the solemniser) where changes will have to be made to the MRF at the ceremony. When this arises, the necessary amendment/s should be clearly made on the MRF by the solemniser and initialled by the solemniser, both parties and both witnesses. There is a section in the MRF which should also be completed and signed, explaining the nature of and reason for the changes.

    so solemeniser can amend the important MRF

    Immediately after the ceremony, the MRF must be signed by the couple, the two witnesses and the registered solemniser. The MRF should be returned to a registrar (not necessarily the registrar who issued the MRF or a registrar in the area where the marriage took place) within a month of the ceremony so that the marriage can be civilly registered. It is the responsibility of the couple, not the solemniser, to ensure that the MRF is returned to the registrar.

    the paperwork is between the couple and the authorities not the solmeniser

    note the law does allow for shotgun weddings


  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    anyway the bill was signed into law on the 26th of december CIVIL REGISTRATION (AMENDMENT) ACT 2012 (ACT No. 48 of 2012) (SIGNED ON: 26 DECEMBER, 2012)
    http://www.president.ie/acts-signed-by-president-higgins-2/


  • Registered Users Posts: 1,086 ✭✭✭Michael Nugent


    Following the signing into law of the Civil Registration Amendment Act, Atheist Ireland has written several letters to the Registrar General asking him how he intends to interpret various clauses in the Act.

    When we get replies to that, we will decide how best to continue our campaign against the discrimination on the ground of religion in the Act.


  • Moderators, Society & Culture Moderators Posts: 24,399 Mod ✭✭✭✭robindch


    ^^^ I take it Higgins didn't refer it to the Council of State, or if he did, it refused to bounce it to the Supreme Court.


  • Registered Users Posts: 12,644 ✭✭✭✭lazygal


    Michael I know this is OT but is there any more information on the bishops' meeting with government and whether other secular or faith groups will be afforded the same?


  • Registered Users Posts: 1,086 ✭✭✭Michael Nugent


    robindch wrote: »
    ^^^ I take it Higgins didn't refer it to the Council of State, or if he did, it refused to bounce it to the Supreme Court.
    He signed it into law, along with a load of other Bills, on 26 December. We had written to him on 21 December, after the Bill was passed in the Dail.

    We got a letter from the President's office saying that he had signed it, and have written back asking did he have an opportunity to read our submission before he signed it, given the short timescale involved and the intervention of Christmas.
    lazygal wrote: »
    Michael I know this is OT but is there any more information on the bishops' meeting with government and whether other secular or faith groups will be afforded the same?
    Writing a letter to the Taoiseach's department about this is on my list for today.


  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    kenny/bishop meeting happening today 3 hours so far


  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    Consultation launched on "marriages by non-religious belief organisations in the UK https://www.gov.uk/government/consultations/marriages-by-non-religious-belief-organisations

    now lets see if they the UK will only do it for the pet groups or write laws for everyone

    oh this is only being because of marriage equality, I won't complain.
    Section 14 of the Marriage (Same Sex Couples) Act 2013 requires a review to be carried out of whether the law should be changed to permit marriages by non-religious belief organisations.
    Section 14 defines a belief organisation as ‘an organisation whose principal or sole purpose is the advancement of a system of non-religious beliefs which relate to morality or ethics’.


  • Advertisement
  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    an issue came up last week about people wanting to get married at outdoor venues. the rules state the civil ceremony must take place in public venue, with four walls and a roof, some want to get married outdoors or perhaps in a marqueue on the grounds of grand house of hotel, the general registrar currently applies the law tightly not allowing this.

    I kinda agree civil ceremonies are supposed to civil/public, the resstriction is there so peopel can find the place, object and to try to avoid coerced marraiges.

    see jerry buttimers dail speech and transcript http://jerrybuttimer.ie/2014/07/03/buttimer-calls-for-legislative-change-to-increase-choice-of-wedding-venues/

    Humanists to take legal action to overturn outdoor weddings ban
    http://www.irishtimes.com/news/ireland/irish-news/humanists-to-take-legal-action-to-overturn-outdoor-weddings-ban-1.1849681


  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    and hey presto ministers pet lobby get what they want Al Fresco weddings get green light after ruling by AG http://www.irishtimes.com/business/sectors/media-and-marketing/al-fresco-weddings-get-green-light-after-ruling-by-ag-1.1866981

    like to see details


  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    ..easily identifiable with an address...
    ...is open to interpretation. If I said "on the beach at Brittas Bay" is that an address? Probably a bit vague. If I gave exact GPS co-ordinates, would that qualify as easily identifiable?


  • Registered Users Posts: 33,866 ✭✭✭✭Hotblack Desiato


    Of course the only reason they're allowed celebrate marriages in the first place is because the humanists are banned from campaigning about stuff that matters like education and employment discrimination.

    Life ain't always empty.



  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    Irish law protects marriage from ethical atheists and unethical humanists but not from a spiritualist thief http://atheist.ie/2015/03/irish-law-protects-marriage-from-ethical-atheists/
    This wording means that marriage needs to be protected from atheists who are not humanists, and from humanists who are not ethical.


    Discrimination on the ground of religion or belief

    This piece of legislation shows the contempt the state holds for the non-religious in Ireland. It tells us that:

    The state accepts that once you are religious, then you are a fit and proper person.
    If you are a humanist, then in order to be a fit and proper person, the law requires you to be ethical as well.
    Being an ethical atheist does not come into the reasoning at all, as you are simply not considered a fit a proper person to come under this legislation.

    This discriminatory piece of legislation benefits only religious bodies however new or old, and humanist bodies that are both ethical and have been in existence for five years or more.


  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    wondering if there a way to object to the spiritualist guy being on the register
    Cancellation of registration.


    55.—(1) An tArd-Chláraitheoir may cancel the registration of a person on the ground that—


    (a) the person or the body concerned has requested him or her to cancel it,


    (b) the marriage ceremony used by the body no longer includes both of the declarations specified in section 51 (4) or is inconsistent with one or both of them,


    (c) the person—


    (i) has, while registered, been convicted of an offence under this Act,


    (ii) for the purpose of profit or gain has carried on a business of solemnising marriages,


    (iii) is not a fit and proper person to solemnise marriages, or


    (iv) for any other reason, should not continue to be registered.


    (2) Where an tArd-Chláraitheoir intends to cancel the registration of a person on a ground mentioned in subsection (1)(c), he or she shall, give notice in writing of his or her intention to the person and the body concerned and shall specify the ground in the notice and the notice shall, if practicable, be of at least 21 days.


    (3) After a person receives a notice under subsection (2), he or she shall not solemnise a marriage unless—


    (a) an tArd-Chláraitheoir notifies the person that he or she has decided not to cancel the registration, or


    (b) the Minister notifies the person that an appeal under section 56 (2) in respect of his or her registration has been successful,


    and, where an tArd-Chláraitheoir gives a notification pursuant to paragraph (a), he or she shall also notify the body concerned of his or her decision.
    http://www.irishstatutebook.ie/2004/en/act/pub/0003/sec0055.html#sec55
    (ii) for the purpose of profit or gain has carried on a business of solemnising marriages,

    so thats why only charities/non-profits do it?


    Register of Solemnisers
    http://www.irishstatutebook.ie/2004/en/act/pub/0003/sec0053.html#sec53
    (d) the person is not a fit and proper person to solemnise a marriage.


  • Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    You could object. On the other hand, nothing in the Act suggests that its the personal qualities or characteristics of an individual which qualify him to celebrate marriages in the first place, and registration as a celebrant is not any kind of endorsement or accolade for the individual. For both religious and secular celebrants, the Act focuses on the nominating body, rather than on the individual nominated.

    As expectationlost points out, the registrar does have the right to cancel an individual registration on the grounds that the individual is not "a fit and proper person to solemnise a marriage". But I don't think that means the registrar can cancel the registration because he doesn't like you, or because expectationlost or Peregrinus don't like you; I'm pretty sure the courts would hold that this power must be exercised by reference to some characteristic or quality in the individual concerned which specifically impairs his ability to celebrate marriages in compliance with the Act. The courts have recognised that there's a constitutional right to earn a living, so the exercise of a power to exclude someone from a particular profession or occupation is usually scrutinised carefully.

    Plus, there's a constitutional principle of the separation of powers. It's the legislator's job to set the parameters for criminal penalties, and the court's job to apply those penalties in specific cases. The Registrar is neither a legislator or a court, so his power in this regard is again going to be construed fairly narrowly by the courts. If the Oireachtas had intended a conviction for fraud (or for serious criminal offence, or for any criminal offence at all) to be a bar to being a marriage celebrant, it would have been a simple matter to say so in the Act. They didn't say so; conspicuously, only a conviction for an offence under this Act is a bar. The Registrar doesn't have the right to add to the penalties that the Oireachtas has specified on conviction for fraud. If he wants to bar this bloke he's going to have to satisfy himself that the fraud conviction bears in some identifiable way on his fitness to celebrate marriage. I think he might be on sticky grounds there, given that as a celebrant Colton is not in the position of handling clients' money, which is the context in which he committed his fraud.

    In the short term the issue doesn't arise; Colton is in prison and therefore cannot celebrate marriages. My expectation is that before or upon his release he'll be deregistered by his own church, and if people want him to be deregistered they are probably better off putting pressure on the church than on the Registrar.


  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    there doesn't seem to be an official way to object but you could write a letter to the registrar so at least he/she can't say they didn't know.


  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    I think you are highlighting some more defects in this piece of legislation.

    If there is no definition of what requirements constitute a "fit and proper person to solemnise marriages" then it would be very difficult to disqualify somebody on the grounds of falling short of the requirements.

    I don't know why the law is against wedding solemnisers making a profit.
    Does that mean wedding solemnisers don't charge a fee? Or maybe they only take brown envelopes stuffed with cash? That used to be the norm for the priests.
    Whoever provides a service deserves to get paid. Unless the service is illegal, but that is a circular argument, and therefore nonsensical.


  • Advertisement
  • Registered Users Posts: 11,753 ✭✭✭✭expectationlost


    recedite wrote: »
    I think you are highlighting some more defects in this piece of legislation.

    If there is no definition of what requirements constitute a "fit and proper person to solemnise marriages" then it would be very difficult to disqualify somebody on the grounds of falling short of the requirements.

    I don't know why the law is against wedding solemnisers making a profit.
    Does that mean wedding solemnisers don't charge a fee? Or maybe they only take brown envelopes stuffed with cash? That used to be the norm for the priests.
    Whoever provides a service deserves to get paid. Unless the service is illegal, but that is a circular argument, and therefore nonsensical.

    well I presume that's partly why HAI for example is charity and non-profit and the income covers their solemnisers and their other campaigning but they are not a profit making company.


Advertisement