Niall Collins (Limerick, Fianna Fail)
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48. To ask the Minister for Social Protection if it is possible for a non-European Union citizen to marry an Irish citizen during the course of being unlawfully present here; the circumstances when this is possible; and if she will make a statement on the matter. [26629/15]

Kevin Humphreys (Dublin South East, Labour)
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The solemnisation of marriages in the State is governed by the Civil Registration Act 2004.

The parties to an intended marriage are required to give three months’ notice of their intention to marry. The couple provide evidence to the registrar relating to their identity and capacity to marry, and make declarations that there is no impediment to the proposed marriage. The fact that a person may not be legally resident in the State does not mean they cannot contract a valid marriage.

Section 48 of the Act provides that when the parties to the intended marriage have satisfied the registrar as to their identities and that they have capacity to marry the registrar shall complete a marriage registration form which allows the couple to proceed with their marriage.

The Civil Registration (Amendment) Act 2014 was enacted in December 2014. The Act includes provisions that make it more difficult to broker a marriage of convenience in the State. This is achieved by making a marriage of convenience an impediment to marriage and allowing a registrar the right to investigate.

The Act also provides for increased sharing of information in relation to suspected marriages of convenience between the Department of Social Protection and the Department of Justice and Equality.

A marriage of convenience is defined in section 3 of the Act as “a marriage where at least one of the parties to the marriage:

(a) at the time of entry into the marriage is a foreign national, and

(b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage;”.

The Act provides that if a registrar forms a view that an intended marriage is a marriage of convenience based on a list of criteria set out in section 18 of the Act they can refer the matter to a superintendent registrar. If the superintendent registrar agrees with this opinion based on evidence then no marriage registration form will be issued and the Department of Justice and Equality will be notified.

The various provisions of the Act will be put into operation on the basis of an implementation plan involving both procedural and system changes. This work is being progressed as quickly as possible. It is envisaged that the provisions aimed at combatting marriages of convenience will be commenced in the coming weeks.