Róisín Shortall (Dublin North West, Labour)
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Question 46: To ask the Minister for Social Protection the action he will take to address the problem of sham marriages [39266/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Marriages of convenience, or "sham marriages", are 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. These marriages exploit Directive 2004/38/EC of the European Parliament and of the Council which deals with the right of citizens of the Union and their family members to move and reside freely within the territory of the member states. This directive came into force on 20 April 2006. The matter was further compounded by the ruling of the European Court of Justice in the Metock case on 25 July 2008, which held that these rights applied to non-EU national spouses of EU nationals. As has been widely reported in the media, the Garda National Immigration Bureau has lodged objections to a large number of marriages involving non-EU-EEA nationals under section 58 of the Civil Registration Act 2004.

Under the Act, if the objection relates to the possible existence of a specified impediment to the intended marriage, it is referred to the Registrar General to be investigated. The objection can only be upheld if it is based on the provisions of the Civil Registration Act and these do not include questioning the reason for marriage.

Since the enactment of the marriage provisions of the Civil Registration Act 2004 on 5 November 2007 a total of 73 objections have been lodged by the Garda National Immigration Bureau for investigation under section 58(4) of the Act. To date, one of the objections has been withdrawn, and the couple in question has been advised that the marriage could proceed. The remaining objections are still under investigation by the Registrar General.

While objections to marriages are upheld if there is an impediment, it is important to point out that issues which go to the identity of a party to a marriage or to consent to marry can also, potentially, render a marriage invalid. In such cases, it would be unsafe to allow the marriage to proceed.

Newly updated Guidelines for Registrars for Marriage Notifications containing requirements concerning notification procedures, including the verification of identity and marital status, have been recently issued by the Registrar General to all registrars.

I am also aware that this matter has been considered by the Department of Justice and Law Reform in the context of the Immigration, Residence and Protection Bill 2010.

I can assure the Deputy that the matter is being researched urgently with a view to identifying the further measures that may be taken, including the possibility of legislating for any such measures. I am aware that procedures to prevent marriages of convenience are in place in other EU member states, and I would hope that equivalent measures might be introduced here. The General Register Office, GRO, has sought legal advice as to its legal options and will proceed on the basis of this advice as quickly as possible once it is received.

Róisín Shortall (Dublin North West, Labour)
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Does the Minister accept that all of the indications are that this is a significant problem? The registrar suggested recently that as many as 15% of civil ceremonies could be sham marriages. We also know that there has been a huge increase in the number of non-EU citizens applying for residency based on marriage to an EU citizen. I understand the figure is over 1,000 in the first six months of this year. All the indications are, therefore, that this is a significant problem.

I want the Minister to clarify a number of aspects. First, is it the case that the Attorney General intervened recently to prevent registrars from asking probing questions and advised them that such an approach was not supported by the law? Second, can the Minister tell us now the legal position? Is it a criminal offence to enter a sham marriage for the purposes of circumventing residency rules? Furthermore, is it a criminal offence to assist or facilitate such a marriage?

Éamon Ó Cuív (Galway West, Fianna Fail)
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To deal with the first question the Deputy asked on the figures, it is not possible to state the number of marriages of convenience that have been solemnised in the State but it is recognised that this is a significant issue. What we do know is the number of marriages between EU and EEA nationals and non-nationals since 2008. In 2008 there were 2,292. In 2009 there were-----

Róisín Shortall (Dublin North West, Labour)
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Minister-----

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Deputy was interested in the figures.

Róisín Shortall (Dublin North West, Labour)
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I told the Minister that. I am asking him to answer the two specific questions I asked.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The answer will elucidate what we are doing. In 2009-----

Róisín Shortall (Dublin North West, Labour)
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Is it a criminal offence?

Brendan Howlin (Wexford, Labour)
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Please allow the Minister to answer.

Éamon Ó Cuív (Galway West, Fianna Fail)
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In 2009 the figure is 3,362 and in 2010 to date-----

Róisín Shortall (Dublin North West, Labour)
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I did not ask for any of that.

Éamon Ó Cuív (Galway West, Fianna Fail)
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-----it is 770. It would be inaccurate and unfair to characterise all such marriages as sham marriages but it is noteworthy that the number of such marriages has been falling dramatically this year. That is because of increased vigilance and scrutiny surrounding marriages of convenience in this country and abroad.

Róisín Shortall (Dublin North West, Labour)
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Will the Minister answer the two questions?

Éamon Ó Cuív (Galway West, Fianna Fail)
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As to whether it is a criminal offence, the position is that there is no such legal offence as a sham marriage but if a marriage is not valid it is not valid. My understanding of this issue, although I am not a criminal lawyer, is that the position regarding these marriages is the same as that concerning any other marriage wrongfully entered into.

Brendan Howlin (Wexford, Labour)
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And the other question.

Róisín Shortall (Dublin North West, Labour)
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It is in regard to the Attorney General's intervention.

Éamon Ó Cuív (Galway West, Fianna Fail)
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I understand legal advice was given on the application of the rules. We are examining the possibility of changing the law as well as best practice in other jurisdictions and, if necessary, legislation will be brought in to deal with this issue.

Róisín Shortall (Dublin North West, Labour)
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It is all very well for the Minister to say he is reviewing the matter. Most other EU states have laws to prevent such sham marriages and the fact that we do not means that Ireland has become a soft-touch location for such marriages. We are told by reports in the media that there has been intense lobbying of the Government by several EU countries about the growing problem of sham marriages. We also know that since as far back as 2006, the Latvian Government has been making regular approaches to this Government asking for the law to be changed in view of the large number of young Latvian women who have been enticed into this practice. Can the Minister tell us how many other countries have lobbied him to change the law? When are we likely to see some movement in this area, given the level of concern that has been expressed by other EU member states?

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Deputy is right in that Latvia has been very much to the fore in protecting its female citizens in this regard. I understand other foreign embassies have stated their concerns by contacting the General Register Office. The feedback from these embassies suggests that the requirement in the new guidelines to obtain official authentication of foreign birth certificates is of assistance to embassies in identifying marriages of convenience. In such cases the embassy in question can interview the person concerned and advise him or her of the implications and risks of what they are undertaking. I assure the Deputy-----

Róisín Shortall (Dublin North West, Labour)
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There is no requirement for people to approach their embassies. That is the problem.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Sorry?

Róisín Shortall (Dublin North West, Labour)
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There is no requirement for such people to approach their embassies.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Yes, but in the short term we are dealing with that by seeking authentication of foreign birth certificates.

Róisín Shortall (Dublin North West, Labour)
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Is that being done now?

Éamon Ó Cuív (Galway West, Fianna Fail)
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That is happening, yes. That is what I am saying to the Deputy.

Róisín Shortall (Dublin North West, Labour)
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Since when?

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am also saying to the Deputy that I am very concerned about this issue. The Árd Chláraitheoir is working on the issue, and it is my hope that we will introduce legislation because I believe every possible step should be taken. I understand consultations are taking place-----

Róisín Shortall (Dublin North West, Labour)
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This was first brought to the attention of the Department in 2006.

Brendan Howlin (Wexford, Labour)
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Allow the House to move on to the next question.

Róisín Shortall (Dublin North West, Labour)
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When can we expect legislation?

Éamon Ó Cuív (Galway West, Fianna Fail)
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As I pointed out in the original reply, this became a matter of serious concern following the European Court of Justice judgment in the Metock case.

Róisín Shortall (Dublin North West, Labour)
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When can we expect legislation?

Éamon Ó Cuív (Galway West, Fianna Fail)
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I do not have a definite date for legislation, but the matter is being worked on proactively and I have had consultations with the Árd Chláraitheoir. The Deputy can be absolutely-----

Brendan Howlin (Wexford, Labour)
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We are over time on this question, Minister.

Róisín Shortall (Dublin North West, Labour)
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I have not seen it on any list.