Dáil Éireann Debate, Tuesday - 9 July 2013
109. Deputy Denis Naughten asked the Minister for Social Protection her plans to amend the Civil Registration Act 2004; if she intends to close off the sham marriage loophole in the interim; and if she will make a statement on the matter. [32890/13]
View answerMarriages of convenience, or "sham marriages" are defined as marriages which are entered into for the purpose of one of the parties gaining an automatic right of residency based on marriage to a person who already has a right of residency. The matter is a complex one. EU citizens and their families have the right to move and reside freely within the territories of the Member States. These rights also apply to non-EU national spouses of EU nationals following the ruling of the European Court of Justice in the Metock case on 25th July 2008.
My Department has been considering this issue and has met with a number of stakeholders with a view to introducing measures to combat marriages of convenience. In this regard, I intend to introduce legislation shortly that will make such marriages far more difficult to contract in the future. The provisions will be part of legislation currently being drafted to amend the Civil Registration Act, 2004. I would hope to publish this legislation later this year. It should also be noted there are, at present, guidelines for registrars for marriage notifications containing requirements concerning notification procedures, including the verification of identity and marital status which can assist in the prevention of marriages of convenience.
