Eric J. Byrne
Question:787. Deputy Eric Byrne asked the Minister for Justice and Equality if his attention has been drawn to the number of arranged marriages taking place here; and if he will make a statement on the matter. [13754/14]
View answerTuesday, 25 March 2014
Questions (787)
Written answers
As the Deputy will appreciate I have no responsibility for marriage registration: I assume he is referring to marriages of convenience and the abuse of the EU free movement legal framework 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 these 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 these 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 recent, in 2012, the Commission began work, in consultation with Member States, on drawing up a handbook for practitioners investigating sham marriages or marriages of convenience. We understand that work is well advance in relation to this handbook.