HL Deb 06 May 1861 vol 162 cc1560-2

Order of the Day for receiving the Report of the Amendments read,

LORD REDESDALE

suggested, that there ought to be a provision for the registration of mixed marriages performed by Roman Catholic priests. As an indulgence was conferred upon the Roman Catholics by this Bill, he did not think that there ought to be any objection on their part to such a safeguard.

THE LORD CHANCELLOR

said, the Bill had been drawn up after consultation with the law officers of England and Ireland, and he had given it his most careful consideration. He thought their Lordships might safely pass it. The main thing to be provided against was clandestine marriages, and he believed that the Bill was well calculated in its present form to effect that object. He could not concur with the noble Lord that this Bill conferred an indulgence on Roman Catholics—it merely did an act of justice towards them.

LORD CHELMSFORD

thought that the Bill did not provide sufficiently for the registration of these marriages, and he also believed that it would fail in its object of preventing clandestine marriages if there was not a limit to the time within which they were solemnised after the parties had obtained the necessary certificate. They should take care to guard against the possibility of abuse, and he was surprised to find that there was no provision made for the registration of these marriages.

THE LORD CHANCELLOR

said, he hoped that before the present Session of Parliament came to a close a Bill which had been introduced by Government into the House of Commons, for the purpose of establishing a system of registration of births, marriages, and deaths in Ireland would pass into a law. With regard to the other objection raised by the noble Lord, he would undertake that, unless his noble Friend were satisfied, he should have the opportunity of moving his Amendment on the third reading.

THE MARQUESS OF CLANRICARDE

believed that the great object of this Bill was to prevent the question of the validity of a marriage being made to depend upon the religious belief of the parties contracting marriage; and, therefore, he thought it might not be desirable to provide any special registration for such marriages.

THE BISHOP OF DOWN

could not see, as the Government had introduced a general registration Bill into the other House, what objection there could be to inserting in the measure before them a clause providing for registration of the marriages now in question; especially as they must, undoubtedly, be registered if the general measure passed. He hoped, therefore, that the Government would introduce a registration clause in this Bill, similar to that in the general measure which was before the other House.

THE LORD CHANCELLOR

said, that at present there was no machinery for registration in Ireland, and, therefore, registration formed no part of this measure; but still, in anticipation of the general measure, he had no objection to introduce any words which were necessary in order to ensure these marriages being registered.

THE EARL OF DERBY

said, that the question of registration of these marriages was one wholly apart from the object of the present Bill. The measure for the first time gave power to celebrate certain marriages between Catholics and Protestants; and already for every Protestant marriage celebrated in Ireland a registration was requisite as evidence of the marriage. They were now going to provide for the celebration of marriages in which one of the parties was a Protestant, without taking any precautions for registering such marriages. He agreed, therefore, that it would be desirable that the further stages of the Bill should be postponed in order that they might see what chance there was of the general measure passing; and if there was no such chance then that a clause providing for registration should be inserted in this Bill.

LORD REDESDALE

suggested that the Bill should be re-committed.

THE LORD CHANCELLOR

said, he should offer no opposition to the course suggested by the noble Lord, but thought some intimation ought to have been given of the course which it was proposed to take.

LORD REDESDALE

stated that he had been very closely engaged on business of the House, and the matter had unintentionally escaped his memory.

THE MARQUESS OF CLANRICARDE

thought his noble Friend was quite right in adopting as many precautions before marriage as possible; but in case he inserted any clauses with regard to registration, which would enable a professing Protestant to fall back on his religion at the time of marriage, exactly the same difficulty would arise to which attention had been called by a very celebrated trial in Dublin, which had, in fact, given rise to the introduction of this Bill.

Order discharged; and Bill recommitted to a Committee of the Whole House on Friday next.

House adjourned at a quarter before Seven o'clock, till To-morrow, quarter before Five o'clock.