THE Attorney General's Office is examining the private members' Bill published by the Fine Gael Mr Alan Shatter, yesterday aimed at rectifying a perceived anomaly in the marriage law.
Mr Shatter has claimed that over 6,000 couples intending to marry in August, September and October run the risk of having their marriages declared null and void because of a flaw in the Family Law Act, 1995.
That Act, enacted last September, requires couples to notify the Registrar for Marriages three months in advance of their intention to marry. A Ministerial Order, made last February, brings the relevant section 32 of the Act into operation on August 1st, 1996. Any marriage solemised in the State without the required three months notice is null and void.
Moving a new Marriages Bill in the Dail yesterday, Mr Shatter said the Family Law Act, 1995, contained no provision to guarantee the legal validity of notifications for marriages received by the registrar prior to August 1st.
"At present, couples intending to marry in the months of August, September and August are being urged to notify their intention to marry to their marriage registrar. There is a very real danger that the courts could, in the future, if asked to deal with the matter, decide that any notifications given prior to August 1st are of no effect. As a consequence, over 6,000 marriages which will be celebrated during the months of August, September and October are at risk of being held null and void", he said.
This could have devastating implications for all of those intending to marry during these months he added.
Mr Shatter's Bill, amending the Family Law Act, 1995, will enable any couple who intends to marry during this year to give notice of their intention to marry to their marriage registrar prior to the coming into operation of the Family Law Act on August 1st.
Mr Shatter provided a copy of his private members' Bill to the Taoiseach, the Minister for Health and the Minister for Equality and Law Reform yesterday morning, before moving it in the Dail. He is seeking Government time to have it passed.
The Minister responsible for the legislation, Mr Taylor, will return today from Canada. A Departmental spokesman said that they were studying the issue raised and seeking the Attorney General's advice on its merits.
A Government spokesman said last night the Departments of Equality and Law Reform and Health were satisfied that the Government's Act was valid.
