Attempts by immigration officials to intervene in suspected cases of marriage fraud got grounded by the island’s courts and have not continued since, MPs were told as a policy to deal with cases of “sham marriages” went to the House of Assembly.

Jason Hayward, the Minister of Economy and Labour, responding to queries on legislative plans to crack down on fraud, said: “I do not want the Bermuda public to believe that investigations are not currently taking place. But the legislative parameters around those investigations are very limited.”

He added: “We did have a framework in place where we were doing interviews between Bermudians and non-Bermudians to ensure it was a legitimate relationship.

“We were then challenged through legal means, and the courts actually ruled that what we were doing didn’t have the legislative support required.

“As a result, we were forced to stop that practice. Ever since, we have not continued with that level of interviews and investigations.

“Notwithstanding that, we do know cases where there has been proof that financial transactions have been made and things of that nature, and they are investigated.”

However, he said that “you still have limited scope, based off the law not having the appropriate safeguards in place, to ensure that we protect the marital status and framework that Bermuda intended to have in place for its residents”.

Mr Hayward was responding to questions from Robin Tucker, on opposition MP, on the legislation being drafted for debate in a later parliamentary session, after he announced plans the previous day to deal with the issue.

Successive administrations have voiced frustration at “sham marriages” aimed at sidestepping immigration laws, including payments made for marriages of convenience, dating back decades.

In 1996, the practice was decried under the United Bermuda Party government as a growing problem in Bermuda.

In October 2001, under the Progressive Labour Party, home affairs minister Paula Cox responded to reports of foreigners using wedlock with homeless people and those with mental health challenges to stay on the island by stating: “We know that is happening, but we don’t have the proof.

“There seems to be a real increase, even in the last couple of months, it’s extraordinary. But there’s no machinery for stopping it.”

Despite amendments to the Marriage Act requiring couples to apply to the Registry General for a marriage licence and to publish their banns, marriage fraud persisted.

In 2009, a frustrated Lieutenant-Colonel David Burch, as immigration minister, told the Senate that the “fastest way to circumvent the immigration process is to marry”, but that it was “very difficult” for the Government to crack down.

The policy unveiled by Mr Hayward proposes “a balanced and constitutionally sound framework aimed at detecting, deterring and responding to marriages entered into primarily for the purpose of securing immigration or other legal benefits”.

Mr Hayward said both the immigration department and the Registry General were impeded by the lack of “clear statutory powers to investigate or address suspected cases” — although he said the public nonetheless came forward with concerns, including a relative of someone whom felt they “did not have the cognitive ability to make an informed decision”.

Questioned by MPs on the extent of the issue, Mr Hayward acknowledged that there was “limited empirical evidence” when it came to numbers on something that had yet to be clearly defined in law.

He added that local officials were not powerless, such as the immigration department being able to investigate “whether or not somebody has legal residency in Bermuda to actually engage in a marriage”.

Mr Hayward was asked by Scott Pearman, the Deputy Leader of the Opposition and Shadow Attorney-General, how many investigations were active at present.

“Certainly less than a dozen,” he said.

Asked by independent MP Robert King whether the proposal had been modelled on any particular jurisdiction, Mr Hayward told the House it had been tailored specifically to Bermuda.

He added: “What we've done is recognise that sham marriages do exist in other territories, but you won't see a complete mirror image.

“That’s why we haven’t made direct reference to any other country’s framework or any of their Bills or legislations.”

Mr Hayward said the move would require a bolstered compliance section for the Department of Immigration.

Mr Pearman queried whether investigators would get powers such as being able to enter a private home as part of an inquiry.

Mr Hayward told the House: “I would suspect so.”

He cited the scenario of “somebody says that they live in a residence, and there is no evidence of that individual living in that residence — that may be part of the investigation”.

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• To read the ministerial statement in full, see Related Media