HC Deb 17 June 1863 vol 171 cc1020-1

Bill considered in Committee.

(In the Committee.)

Clauses 1 to 6 agreed to.

Clause 7 (Provision for Marriages not within Provisions of 7 & 8 Vict., c. 81).

SIR EDWARD GROGAN

said that the Bill was one which enabled Roman Catholic marriages to be registered in a most exceptional manner. In England the registration of the marriages of Roman Catholics took place under the general law applicable to all classes of Dissenters. But by the Bill, as soon as a marriage had been celebrated in a Roman Catholic church in whatever form, the State was to register the marriage as lawful. It was said that the Bill was borrowed from the Scottish law, but in Scotland the bans were publish in the parish church, and other securities were taken. Under the Bill there was no provision of bans, no notice or security that the parties were of full age, or, if under age, that the consent of their parents had been obtained. He had given notice of several Amendments to cure these defects, which might be summed up in the provision that the parties married should be themselves their own registrars, and that the marriage law for Roman Catholics in Ireland should be similar to that of this country. The consequence of passing the Bill would be that marriages would be solemnized without preliminary examination, without proof of consent of the parents, and without evidence of the age of the parties. He would admit that the non-existence of any registration of Roman Catholic marriages was a blot upon the present social system of Ireland, yet he contended that the Slate ought to take precautions which were neglected by the Bill. He begged to move, in page 2, line 35, after "same" to insert "one of."

Amendment proposed, in page 2, line 35, after "same" to insert "one of."—(Sir Edward Grogan.)

LORD NAAS

said, he should oppose the Amendment. He was not very sanguine that any Member of that House would live to see the marriage law of England and Ireland assimilated, and his right hon. Friend, therefore, proposed to deal with the existing law in a manner which he believed would meet the wishes and the wants of the Roman Catholic population of Ireland. There was no proposal in the Bill which would throw any impediment in the way of future legislation. Speaking as a sincere member of the Establish Church, and wishing to see that Church maintained exactly in her present position, he could not see any danger in this Bill. It could not render legal marriages which were otherwise illegal. On the contrary, it might place an effectual check on an objectionable kind of marriage. The Amendments, however, which had been proposed would affect the whole law of marriage in Ireland and open up the whole question. He did not think the Committee would consent to enter into such a discussion. Believing that the Bill would have a beneficial effect, he trusted that the Committee would consent to proceed with the consideration of its provisions.

Question put, "That those words be there inserted."

The Committee divided:—Ayes 31; Noes 105; Majority 74.

SIR EDWARD GROGAN

said, after that expression of opinion on the part of the Committee, he would not move his other Amendments.

MR. VANCE

said, he hoped that the Bill would be dealt with in a different way when it went to another place.

Clause agreed to; as were the remaining Clauses.

House resumed.

Bill reported, without Amendment; to be read 3o to morrow.