Michael McNamara (Clare, Independent) | Oireachtas source

The Minister is a legal academic and he brings that strength to his position.

It is without doubt that a constitutional referendum, if accepted, will introduce changes to the legal regime. As I am sure the Minister will be aware, the issue of recognition of foreign marriages is one in which there has been very heavy litigation in the Irish courts, including in the case of HAH.

I would like to ask a question about polygamous marriages, an area of very heavy litigation. What impact, if any, does the Minister anticipate if the two changes are accepted? I am sure the Minister will be advocating the acceptance of both by the people. What impact will the two have on the recognition of polygamous marriages per sein terms of the recognition of the legitimacy of children from those marriages and also in terms of family reunification, including in respect of children of successive marriages? My understanding – I could be wrong on this – is that EU law as it stands requires that, for family reunification purposes, the spouse and children of the first marriage only are entitled to family reunification. In Irish law, the 2014 Act is quite clear that all children of a person granted international protection, once they are minors, have an entitlement. You could be an adult child and not be entitled to family reunification, but all minor children are entitled to it. I would assume that applies to all children of all marriages once the marriages are valid in the countries of origin. I am aware that in various cases that have come before the Irish courts, one spouse of a recipient of international protection with more than one spouse in the country of origin has been granted family reunification, and others have been refused. My question is on the impact the changes will have in this regard. It seems to be undoubted that there will be an impact. I do not know whether the Minister is shaking his head in response to something I am saying or something-----

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