A Government proposal which presumptively outlaws marriages between Irish citizens and non-EU nationals has been described as draconian and possibly unconstitutional by a leading immigrants rights' group.Communications Director for the Immigrant Council, Ruth Evans, said that they believed that the Government's proposed Immigration, Residence and Protection Bill was "disproportionate" and might infringe on the Constitutional right to marry.
The Bill, introduced last Tuesday, outlaws marriage between Irish or EU citizens and non-EU residents unless the Minister for Justice is notified three months in advance and approves the marriage.
The Minister can refuse permission if, in his or her judgment, such a marriage "would not be in the interests of public security, public policy or public order", and on a number of other grounds.
The Bill also bans those on student visas from marrying, and criminalises any priest or registrar who performs a wedding ceremony for two people who did not have the Minister's permission to marry.
The Government has argued that the Bill's provisions are intended to crack down on “marriages of convenience”, sham marriages to enable non-EU citizens to gain residency rights.
However, Ms Evans pointed out that currently Irish law does not grant residency rights on the basis of marriage.
“It is inappropriate to use the institution of marriage to enforce immigration policy,” she said.
Furthermore, Ms Evans argued that the government had not provided statistical evidence to illustrate that sham marriages are a significant problem.
These provisions were in the Bill produced by the previous Minister for Justice, Michael McDowell, and the Immigrant Council had raised its concerns about the Bill at that stage, she added.
The Immigrant Council would continue to lobby politicians about these provisions of the Bill.
The Bill also provides for summary deportation from the State of those who are here illegally and a new category of long-term residence.
The Bill also allows for the arrest without a warrant of people suspected of being here illegally and their detention in a Garda station or "prescribed place", including a prison, pending deportation.
Announcing the new measures, Minister for Justice, Equality and Law Reform Brian Lenihan said they sought to bring clarity to many aspects of immigration that were at present unclear, particularly the question of lawfulness in the State.
"No foreign national will be in any doubt as to whether he or she is lawfully in the State. If you have a permission from the Minister you will be lawfully in the State; but if you have not you will be unlawfully in the State; and unlawful presence brings with it the obligation on the person to leave the State."
The Bill provides mechanisms for those coming here seeking work or to study, via a visa scheme and a residence permit scheme; and an integrated system for applying for asylum and other forms of protection from persecution under international law.
In what is the first major shift in law in the area since the introduction of the 1935 Aliens Act, the Bill also involves an overhaul of the asylum process. +++++++++++++++++++++++++++++++++++++++++++++++++++
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