Minister to crack down on sham marriages

A crackdown on sham marriages will help cut the number of women trafficked into Ireland for the ceremonies, Justice Minister Frances Fitzgerald has insisted.

Rules introduced this week mean registrars will have the power to investigate a couple before agreeing to conduct a ceremony, and refuse if they have suspicions.

Registrars will be able to quiz couples on how familiar they are with each other’s personal details, as depicted in the 1991 Hollywood film Green Card, and then form a judgment on the basis of how the individuals answered.

Ms Fitzgerald said the Government had acted due to a rise in allegations of sham marriages in recent years. She warned that women could be exploited in some arrangements.

“In addition to EU free movement rights, the right to marry in Ireland is also protected in the Constitution,” she said. “The reality is, though, in some cases, these rights are abused. The abuse of the institution of marriage, for immigration purposes, cannot and will not be tolerated.

“A non-European Economic Area national coming to the end of his immigration permission or without any immigration permission can contract a sham marriage with an EU national to extend their permission.

“I am also deeply concerned that, in some instances, women may be trafficked to Ireland with a view to being forced into sham marriages.

“Any such cases are thoroughly investigated by the Garda authorities as a criminal matter and the introduction of this legislation is, I believe, an essential addition in deterring such activities.

“In Ireland in recent years there have been increasing allegations of sham marriages. This involves statistically improbable patterns of marriage, from a cultural and linguistic perspective, notably between women from eastern Europe and, more recently from Portugal, and men from the Indian subcontinent.”

Registrars will look at a range of evidence when considering a wedding, including whether the couple speak a common language, how long they have known each other, whether they live together, how well they know details about each other’s lives, and their immigration status.

Registrars will also be able to inquire as to whether money has been paid for the arrangement, other than a dowry if that is a custom in one of the participant’s culture.

The Council of Europe asked Ireland in 2013 to take urgent action to amend the law to include sham marriages as a form of exploitation, and give gardaí the powers to intervene in such cases. It was estimated that 400 women have been trafficked into Ireland to take part in such ceremonies.

Many of the trafficked women came from Latvia, and that country complained about the situation under Irish law.

Tánaiste Joan Burton has overseen the changes because EU and Irish rules regarding marriage are being compromised.

“These rules are being abused by individuals who are using marriage to gain an automatic right of residency,” said Ms Burton. “The powers that are being given to the registrars will make it more difficult for marriages of convenience to be contracted.”

If registrars form the opinion that the proposed marriage is a sham one they are then expected to inform the Departments of Social Protection or Justice.