Census marital status classifications
Desmond and others challenged the instruction that people not legally free to marry—including some deserted women whose former spouses had divorced abroad—must report as married, asking what “other status” meant and whether an incorrect entry could lead to prosecution. Moore repeatedly said respondents must state their legal status, without clearly resolving the questions; Quinn said he would seek an Adjournment discussion, and the Chair moved on.
asked the Taoiseach if he will state in respect of page 7 of the explanatory notes of the Census of Ireland, 1981 Form A, Question 5 (iii) Marital Status, which states that the category "Other Status" relates only to persons who have obtained a divorce in another country, whether a person who has obtained a legal separation or a Catholic Church annulment should so indicate their status on this form.
Comment on this
The persons mentioned by the Deputy should be returned as married since, for census purposes, all persons who in civil law are not free to marry, because of a previous marriage, are regarded as married.
Comment on this
Has the explanatory note in the census form, which relates to the fact that people with "other status" can only put down other status where they have obtained a divorce in another country, any legal import and force? What is the legal status of that explanatory note?
Comment on this
I imagine it has got legal status as it is an official document issued by the State.
Comment on this
In the case of a deserted woman, whose former husband has divorced her abroad and he has remarried and is no longer married to her by any stretch of legal or other imagination, why is that woman obliged to put down on the census form "married"?
Comment on this
Could I implore my colleague, the Minister of State to consider this? In the case of a woman who has been deserted by her husband who has gone to the UK, where he has not only obtained a divorce but remarried, is that woman obliged legally, as would appear from this form, to describe herself as being married?
Comment on this
Is the Minister of State saying seriously that not only must such a woman describe herself as being married but that if she fails to do so she is committing a statutory offence?
Comment on this
If a woman in the position I have described refuses to describe herself as married for the purpose of the census form, is she leaving herself open to a statutory prosecution?
Comment on this
Without going into specific cases, the general situation is that there are regulations for dealing with cases concerning the filling in of certain forms.
Comment on this
In relation to the supplementaries that have been partly answered by the Minister in respect of Question No. 5, what would be the position if a person's legal status is open to interpretation or confirmation by a court and therefore not clear, as indicated by Deputy Desmond? Can a person, man or woman, but invariably woman, who has been divorced and whose former partner has remarried but is living in this State though not being charged with bigamy by the organs of the State, put down "other status" on the census form and not be guilty of conveying false information?
Comment on this
Because of the unsatisfactory nature of the reply I propose, with the permission of the Ceann Comhairle, to raise the matter on the Adjournment.
Comment on this
Do I understand the Minister of State to say that the only category of persons who could put themselves under the heading of "other" would be persons who were divorced?
Comment on this
The answer I gave was that persons such as those referred to by the Deputy should be returned as married since, for census purposes, all persons who in civil law are not free to marry because of a previous marriage are regarded as married.
Comment on this
I understand that the only person who is entitled to put himself or herself under the heading of "other" is somebody who has been divorced and that other categories such as those mentioned here are ruled out. Is that the case?
Comment on this
Am I to understand from the Minister's reply that only those who have been divorced are entitled to enter themselves under the heading "other"?
Comment on this
As I have said several times, a person is expected to declare his or her legal status.
Comment on this
If the word "other" does not mean single and does not mean married what does it mean?