New Immigration, Residence and Protection Bill 2010 published

[acme]

you really have no idea about the difference between EU law and National law do you.

I will try and make this simple for you in 1 line.
Dermot Ahern decided not to give equality to Irish Citizens, so Irish Citizens are not treated equal to EU citizens.

I can explain in detail if you wish, but it will take time, and you will have to
start reading, not just firing back nonsense replies.
For the moment, understand this Bill has nothing to do with EU law, EU citizens and EU rights, please just accept it.

[FutureTaoiseach]

Newstalk is reporting that EU states are engaged in "intense lobbying" of the govt on the issue due to concern that sham-marriages contracted in Ireland could be used to circumvent their own immigration-controls. This underlines the necessity for the Bill. More in the Irish Times today.

...The countries have also warned the marriages are a “security threat” as they could be used by terrorists to gain residency rights in Ireland, which would enable them to travel freely in the EU.
The marriage scams are typically organised by men from Pakistan, India, Bangladesh and some African states, who are seeking residency in Ireland. They recruit women from EU states in eastern Europe for marriages, usually offering them up to €3,000.
Latvia, which has tracked hundreds of young women coming to Ireland to engage in marriages with non-EU nationals since 2006, formally asked the Government last year to introduce tough measures to combat the scam.
A briefing paper prepared by the Latvian ministry for foreign affairs this year concludes: “In spite of all efforts of the Latvian and other EU states’ embassies in Dublin, the feedback from competent Irish authorities is minimal.”
Officials at the Latvian ministry of foreign affairs, interior ministry and the police told The Irish Times last month they were very frustrated by the slow response of the Government to the problem.
“We started a police investigation in 2006 and contacted the Garda but they kept silent. We called the Irish Embassy in Riga.
“There was an answer that in Ireland a ‘sham marriage’ is not a specific crime,” said Arturs Vaisla, head of the Latvian police’s human trafficking unit.
“By the summer of 2009, the organisers understood that the Irish police could do nothing. They [the police] kept silent like rabbits.
“This was when the organisers started to use force, fraud, rape and mass rape,” said Mr Vaisla, who believes the authorities would have responded faster if Irish women were being abused....

[acme]

For the love of God. What are you talking about.
Again, I repeat, this Bill is not about EU law, EU Citizens or EU rights. You need to listen.

EU law already has clear provisions for dealing with sham marriage, on a individual basis.
its fair and just.

Irish National Law, has gone down the road of removing all marriage rights
from everyone. While at no time making sham marriage unlawful.

[FutureTaoiseach]

For the love of God. What are you talking about.
Again, I repeat, this Bill is not about EU law, EU Citizens or EU rights. You need to listen.

EU law already has clear provisions for dealing with sham marriage, on a individual basis.
its fair and just.

Irish National Law, has gone down the road of removing all marriage rights
from everyone. While at no time making sham marriage unlawful.

It is relevant to EU law because of the Freedom of Movement Directive, which provides freedom of movement in all 27 EU member states once the marriage has taken place.

[acme]

ok, look, here are some documents you need to read first,
please read them from start to end. And then we will continue.

EU directive 2004/38/EC
http://eur-lex.europa.eu/LexUriServ/...77:0123:EN:PDF

Irish Law SI 656 of 2006 amended by SI 310 of 2008
SI 656 of 2006
SI 310 of 2008

COMMUNICATION FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on guidance for better transposition and application of Directive 2004/38/EC on the
right of citizens of the Union and their family members to move and reside freely within
the territory of the Member States
http://eur-lex.europa.eu/LexUriServ/...313:FIN:EN:PDF

There is also a repository of EU, Irish and British related legal documents
and guides.
http://acme.posterous.com/

[FutureTaoiseach]

I assume the point you are trying to make is that the provisions on marriage may contravene the FM Directive. However, the FM is not set in stone like the Treaties. It cannot be ruled out that the FM Directive will eventually be amended in line with the objectives of the IRP Bill with respect to residency-rights contigent on marriage e.g. redefinition of the term "family" to exclude non-blood relatives. While opposed to Lisbon, I recognise that the QMV provisions on JHA contained therein make this a more realistic prospect than the unanimity-requirement pre-Lisbon. In that context, it is imperative that the govt mount a campaign against another term for Barroso on the Commission and others opposed to changing the FR Directive. He is a major obstacle to amending the directive as shown after the govt failed to get him to move satisfactorily on the sham-marriages issue. I would also like to see provisions in either domestic or European law whereby we prevent sham-marriages prior to entry of the couple into the EU. Such measures might include requiring all marriages between EU and non-EU citizens to take place in safe-areas outside of the EU first, with their return to the EU then delayed until the veracity of the marriage can be ascertained.

[acme]

My point was to try and inform you about EU Law and National Law.
I'm trying to be constructive, its not a put down. Your earlier
posts shows a lack of knowledge.

EU Law (2004/38/EC) the Free movement Directive defines the
rights of EU citizens and their family in an EU country other than their own.

(Note: EU rights are not directly given to own Nationals in their own country,
But the National Government may choose to give equal rights and privileges
to their own if they wish, and the majority of EU countries ensure equality.
But a few including Ireland don't)

National Law, (IRP Bill) defines the rights of Irish and Non-EU citizens
and their family.

So again, to be clear, this IRP Bill 2010 has nothing to do with EU citizens & EU law.
This is the main mistake you made.

But, on the matter of EU law, if you read the documents I asked you to read,
you would see that the EU Directive confers no rights in the case of
marriage of convenience.
Ireland has chosen not to do anything about marriage of convenience,
other than trying to remove all rights from everyone. As seen in the Metock case.
This is why Ireland keeps losing the ECJ cases.
Ireland have refused a grand total of zero residence permits on the basis of
a marriage of convenience, and have no legislation that makes
marriage of convenience.a punishable offense.
Instead they had used draconian bad laws that remove all rights.
Such bad law does not serve justice, and costs a lot of money in the
long run.

And bad law policy was also used by John O'Donoghue to remove post
nuptial citizenship from Irish Emigrants families.
Such a policy will bite Ireland in the long run. Perhaps when they need
money and support from Irish Emigrants, as in the past.