Ciarán Lynch (Cork South Central, Labour)
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Question 58: To ask the Minister for Social Protection the action, if any, he is taking to address the problem of sham marriages. [40066/10]

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 April 20th 2006. The matter was further compounded by the ruling of the European Court of Justice in the Metock case on 25th 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 an 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 provision 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 the 5th 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 To date, one of the objections has been withdrawn, and the couple in question has been advised that the marriage could proceed.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 what further measures 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 GRO has sought legal advice as to its options and will proceed on the basis of this advice as quickly as possible once it is received.