Michael McGrath (Cork South Central, Fianna Fail)
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Question 427: To ask the Minister for Justice and Equality the steps he will take to address the issue of sham marriages involving certain immigrants; and if he will make a statement on the matter. [13515/12]

Alan Shatter (Dublin South, Fine Gael)
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Free movement is a fundamental right for citizens of the EU. However, this country is no different to other Member States in its experience that this right of all EU citizens is being abused by those seeking to circumvent proper immigration controls on entering the Union. One such abuse is the well documented evidence of highly unusual patterns of marriage involving EU citizens and third country nationals.

This is a complex issue and there is no single, legislative or operational action that will eliminate the problem of marriage of convenience. It is a question of taking a number of complementary measures to make such marriages less prevalent and, where they do take place, less beneficial to those who engage in them.

Marriage of convenience is difficult to prove and the constitutional protection of marriage makes the possibility of effective criminal sanctions highly problematic.

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. My officials are also working closely with the Garda National Immigration Bureau and the Department of Social Protection to identify a range of other initiatives, including legislative, which can be pursued to address the problem.