Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 39: To ask the Minister for Social Protection her plans to amend the Civil Registration Act 2004; if she intends to close off the sham marriage loophole in the interim; and if she will make a statement on the matter. [36202/11]

Joan Burton (Dublin West, Labour)
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Marriages of convenience, or "sham marriages" are defined as 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. 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. This matter is being researched with a view to identifying what measures may be taken, including the possibility of legislating for any such measures. I would hope to be in a position to introduce legislation on this, and other aspects of civil registration, in 2012.

In the meantime, revised guidelines for registrars for marriage notifications containing requirements concerning notification procedures, including the verification of identity and marital status, have been issued by the Registrar General to all registrars. The Registrar General has been advised that these measures are the most that can be taken to prevent marriages of convenience in the absence of legislation.