Dáil Éireann Debate, Wednesday - 6 October 2004
274 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the policy changes which have taken place in relation to the response given by him in answer to Question No. 463 of 17 February 2004; the reason for such changes; and if he will make a statement on the matter. [23646/04]
View answerI presume the Deputy is referring to section 9 of the Immigration Act 2004 which removed the registration exemption from the female spouses of Irish nationals.
Subject to certain exemptions, article 11 of the Aliens Order 1946 imposed an obligation on non-EEA nationals to register with their local Garda registration office. One of the exempted categories was the female spouse of an Irish citizen — a category of exemption which was first introduced in 1938. No similar exemption existed in respect of the male spouses of Irish nationals or indeed other females who may for example be married to EEA nationals.
Section 9 of the aforementioned Act re-enacted with amendments the provisions of article 11. The opportunity was taken in the 2004 legislation, as indicated in the explanatory memorandum which accompanied the Bill, to remedy this inequality of treatment — an inequality which reflected the social mores of 1938 and which was not justifiable within a modern statutory framework.
It should be noted in this context that even though the spouses in question were exempt from the registration requirement they were nonetheless required by law to have permission to remain stamped in their passports. Since, save in very exceptional situations, extensions of permission to remain and registration take place at the same time the practical effects of the new requirement are not as onerous as might initially appear to be the case.
