Dáil debates

Thursday, 18 October 2007

Passports Bill 2007: Second Stage

 

1:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)

This might also happen at a Labour Party parliamentary party meeting. Could this have an impact? I would hate to think that an Irish person who had travelled to New York for a weekend to play hurling could, while returning, end up in Guantanamo Bay for carrying what was deemed to be a false passport, based on the biometric read-out.

I understand the EU legislation will require the inclusion on the document of fingerprint data from 28 February 2008. I do not know whether this is one of the measures from which Ireland will be excluded and perhaps we have an opt-out in this regard. However, this issue should be considered. This will be a requirement across the EU in those members states that have signed up to it. It appears that Ireland has decided to store facial biometric data only and has decided not to proceed with fingerprint data, although the Minister of State alluded to the fact that this may be a requirement in future. I understand it will be a requirement from 28 February 2008 and this matter should also be considered.

I am disappointed that Ireland has chosen to exercise an opt-out at today's intergovernmental meeting at Lisbon from the justice and home affairs section of the reform treaty. Any measure to which we can sign up that will assist the safety of citizens and help deal with criminality is welcome. I do not believe the claim that Ireland has concerns regarding the potential impact on common law is justified. Many statutes have been passed since 1922 that have had an impact on common law and we have managed to survive.

Another welcome measure concerns gender reassignment. While I do not imagine it will be required frequently, this issue has caused much difficulty for some people and it is important to recognise this aspect. I welcome its inclusion in the Bill.

I note the Minister has the power to refuse to issue a passport. In recent weeks, some controversy has arisen regarding the Minister for Justice, Equality and Law Reform's refusal to issue a visa to a gentleman who wished to come to Ireland to participate in a lecture. It is important that the Minister for Justice, Equality and Law Reform is able to refuse to issue a visa if he so wishes or that he can refuse to issue a passport to someone on the grounds of security. Such grounds must be solid and this facility only should be used sparingly. However, it is important to reserve the right to so do.

In his response, the Minister of State should be more specific as to the circumstances in which the Minister might refuse to issue a passport to an Irish citizen. I refer to a person who may be on early release for an offence such as paedophilia, if any such person exists or is on the child sex register. Will people such as those, who apply for passports, acquire them or not? I seek more specific details in this regard as the legislation is not as prescriptive as it might be. Perhaps this issue can be considered on Committee Stage if the Minister of State does not have the requisite information to hand. In recent years, have many applications from Irish citizens been turned down? I am aware that under the Constitution and based on a legal judgment, people are entitled to a passport. How many people have been denied passports in recent years?

The issue of emergency travel is one of the nightmares associated with being a politician. I refer to getting a telephone call on Saturday afternoon or Sunday morning to the effect that someone has lost a passport.

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