Denis Naughten (Roscommon-South Leitrim, Independent)
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18. To ask the Minister for Social Protection her plans to 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. [43135/13]

Joan Burton (Dublin West, Labour)
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On the 19 July, 2013 the Cabinet approved the drafting of the Civil Registration (Amendment) Bill 2013. The Bill will provide for a wide range of issues relating to the registration of life events in the State. Representations and recommendations have been made by various groups and organisations since the enactment of the Civil Registration Act 2004 and this Bill seeks to address these issues. The General Register Office, which administers the Civil Registration Service, has identified areas where legislative amendments are required to streamline the service to the general public. One of the issues that will be provided for in the legislation is the introduction of measures to combat marriages of convenience by making such marriages more difficult to contract in the future.

As previously stated in earlier answers to this question, 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.

The matter is a complex one and the issues involved are primarily for my colleague the Minister for Justice and Equality. EU citizens and their families have the right to move and reside freely within the territories of the Member States. These rights also apply to non-EU national spouses of EU nationals following the ruling of the European Court of Justice in the Metock case on 25th July 2008.

Officials in the Department are working with the Office of the Parliamentary Counsel on drafting the Bill and I hope to publish this legislation early next year.

It should also be noted there are, at present, guidelines for registrars for marriage notifications which include procedures for the verification of identity and marital status which can assist in the prevention of marriages of convenience.