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Amendment of section 59F of Principal Act
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25. Section 59F of the Principal Act is amended by—
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(a) in subsection (4), the insertion of the following paragraph after paragraph (c):
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“(cc) in relation to the forming of an opinion under subsection (4A) notify, and furnish copies of all information and documents relating to the relevant notification of the civil partnership under this Part to, the Minister for Justice and Equality,”,
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(b) the insertion of the following subsections after subsection (4):
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“(4A) A registrar who—
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(a) in the performance of his or her functions under this Part forms the opinion that a civil partnership would constitute a civil partnership of convenience, or
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(b) receives under subsection (1) an objection the stated reason for which is that the intended civil partnership would constitute a civil partnership of convenience, and forms the opinion that grounds for the objection possibly exist and need to be investigated,
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shall refer the matter to the Superintendent Registrar of the registration area where the registrar who formed the opinion is assigned, for a decision, and in that case and for that purpose, this section shall apply and have effect according to—
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(i) the modification that a reference to receipt of an objection under subsection (1) includes a reference to an opinion under paragraph (a),
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(ii) the modification references in the section to an tArd-Chláraitheoir shall be construed as references to the Superintendent Registrar concerned, and
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(iii) any other necessary modifications.
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(4B) The registrar shall furnish his or her written report of the reasons for the forming of his or her opinion under subsection (4A) when referring the matter to the Superintendent Registrar under subsection (4A).
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(4C) In forming an opinion under subsection (4A) and deciding to refer the matter to the Superintendent Registrar, the registrar shall consider the following:
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(a) if the parties to the intended civil partnership speak a common language;
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(b) the period prior to the relevant notification of the intended civil partnership under this Part during which the parties to the intended civil partnership are known to each other;
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(c) the number and frequency of meetings of the parties to the intended civil partnership prior to the notification of the intended civil partnership under this Part;
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(d) if the parties to the intended civil partnership have lived together in the past or if they currently live together;
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(e) the extent to which each party to the intended civil partnership is familiar with the personal details of the other party;
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(f) the extent to which each party to the intended civil partnership intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended civil partnership;
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(g) the immigration status of one or each of the parties to the intended civil partnership who is a foreign national;
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(h) other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended civil partnership, if money was paid as an inducement for the civil partnership;
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(i) if the one or each of the parties to the intended civil partnership has previously been the subject of an objection under subsection (1);
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(j) any other information regarding the intended civil partnership which gives reasonable grounds for considering the civil partnership to be a civil partnership of convenience.”,
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(c) the insertion of the following subsection after subsection (6):
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“(6A) In deciding if an impediment exists to an intended civil partnership the subject of a referral under subsection (4A), the Superintendent Registrar shall consider—
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(a) the report furnished to him or her under subsection (4B), and
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(b) the matters referred to in paragraphs (a) to (j) of subsection (4C).”,
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and
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(d) the insertion of the following subsection after subsection (8):
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“(8A) Where a Superintendent Registrar decides under subsection (8), in a case referred to him under subsection (4A) that a civil partnership would constitute a civil partnership of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality.”
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