Dáil Éireann Debate, Thursday - 26 September 2013
185. Deputy Eric Byrne asked the Minister for Justice and Equality his position regarding sham marriages, especially in relation to citizens from Latvia and Pakistan; if there are statistics available for offenders from these and other countries involved in this practice; the steps being taken at national and European level to eradicate this problem; and if he will make a statement on the matter. [40217/13]
View answerFreedom of movement was one of the four freedoms guaranteed with the establishment of the European Community in 1952. While the original objective of free movement was to facilitate labour mobility the focus of Community law has since shifted towards family reunification which dominates more recent secondary legislation and jurisprudence of the Court of Justice in this regard.
However, our experience is no different to that of other Member States where the free movement legal framework has been abused by those seeking to circumvent proper immigration controls to enter the State. One such abuse, which has emerged from the now well documented trend towards unusual patterns of marriage between European citizens and third country nationals, relates to sham marriages or marriages of convenience. Marriages of convenience are notoriously difficult to prove and our constitutional protection of marriage makes uncovering theses situations more problematic.
This is a complex issue and there is no single, legislative or operational approach that will permanently eliminate the problem. The authorities deploy a range of measures and cooperate closely in tackling this problem. This is a high priority of all the services, agencies and other organisations tasked with preventing or negating any benefits to the persons who engage in theses activities.
In addition to our operational response I have asked my officials to re-examine the provisions in the Immigration Residence and Protection Bill 2010 and to draft amendments dealing with immigration related marriages of convenience and sham marriages. A similar approach is being taken in respect of the Free Movement Regulations that transposed the EU Directive into Irish law. I also understand that officials from the Department of Social Protection are examining possible legislative measures to address the civil registration aspects of marriages of convenience.
At the European level there are also a number of initiatives focused at abuse on legal migration channels such as marriages of convenience. In 2009 the Commission published guidelines on the better implementation of Directive 38/2004/EC on Free Movement. The guidelines contained a specific chapter of abuse and fraud which included some guidance on identifying marriages of convenience. More recently; in 2012, the Commission began work, in consultation with Member States, on drawing up a handbook for practitioners investigation shame marriages or marriages of convenience. We understand that work is well advance in relation to a number of chapters of this handbook. Another initiative, which began under the Irish Presidency of the European Council, focuses on abuses of the free movement legal framework highlighted by a group of concerned Member States earlier this year. The Commission is actively engaged in collecting evidence of the abuses and fraud concerned and will report back to the Council in October and December of this year.
