Dáil debates

Thursday, 18 October 2007

Passports Bill 2007: Second Stage

 

3:00 pm

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)

I will deal with the Deputy's query later.

The Passport Office is the only State service which operates on the ground in all 32 counties. There are 70 post offices throughout Northern Ireland which are part of the overall network for processing passport applications. The level of applications made through Northern post offices has been rising steadily in the past two years. This trend is likely to continue. This year, we will issue 60,000 Irish passports in Northern Ireland. I am delighted to learn that applications are arriving from all parts of the community. This is a testament to the quality of the service provided by the Passport Office.

At the opening of this debate, I outlined the sanctions available under the legislation against those who would seek to undermine our system. The Government is also anxious to ensure that citizens' rights are not unfairly impinged. The Passports Bill 2007 was the first occasion when a Minister, other than the Minister for Justice, Equality and Law Reform, formally referred draft legislation to the Irish Human Rights Commission under the terms of the Human Rights Commission Act 2000. This referral was warmly welcomed by the commission, which is hopeful that other Ministers will follow the lead of the Minister for Foreign Affairs. In its observations, the commission considered that this legislation brought to an end what it described as a notable omission from the Irish Statute Book. The Government fully agrees and believes the Bill is an important legislative initiative. I also welcome the commission's view that the legislation is progressive and is an important step towards the clear and consistent protection of human rights in the area of the right to travel. Irish citizens will have the right to a passport enshrined in law with a small limited number of exceptions.

We live in a very different Ireland from that of our parents. Our laws and administrative practice must reflect those changes, as well as our international obligations. The need for enhanced security is a major feature of international travel, as is the need to guard against identity theft. In all walks of life we must strike a balance between conflicting pressures. I believe the Passport Bill achieves the correct balance between the need to secure the rights of our citizens and legitimate security concerns.

Deputies made some very interesting comments during the debate. Deputy Timmins raised the issue of lost and stolen passports. Prior to 2005, when the automatic passport system was introduced, the figures for lost, mislaid or stolen passports are only available for Ireland. Since the introduction of centralised production in 2005, we can give worldwide figures. The introduction of the biometric passport, or e-passport, on 16 October 2006 has greatly enhanced the security features of the Irish passport. The presence of a microchip containing a digital image of the holder has meant, for instance, that any photo substitution can now be more readily and easily detected. In 2003, 21,800 passports were lost, stolen or mislaid. In 2006, the figure was 38,713. One must bear in mind that the figures since 2005 are worldwide. The percentage figures for lost, stolen or mislaid passports were 4.6% in 2003 and 6.15% in 2006.

Deputy Timmins also raised the issue of the validity of existing passports. Machine readable passports have been issued since 1993. Handwritten passports issued at embassies abroad will require a visa for the United States only. All other countries accept handwritten passports.

Given that Ireland is not part of the Schengen agreement we have no legal requirement to put fingerprints on the e-passport. Ireland, with Australia, New Zealand, Canada and the United States, has decided not to move to fingerprinting of citizens for passports at this stage. We have not ruled it out for the future, depending on international developments. For the present we will use facial imaging.

Applicants may apply for a passport by post through their local post office or in person at public offices in Dublin and Cork. There is also a production facility in Balbriggan which handles postal applications. There are no current plans to move the public office from Molesworth Street to Balbriggan. The question of additional local offices will be kept under review.

Deputy Kathleen Lynch welcomed the Bill and spoke about the citizenship requirement set out by the Minister for Justice, Equality and Law Reform. Like her, I am aware of the huge contribution of our diaspora to societies throughout the world. The Irish passport is widely respected and I agree that it is a valuable document. The question of a national identity card is a matter for the Minister for Justice, Equality and Law Reform and I will not comment on it.

Deputy Lynch mentioned the more frequent use of passports and referred to young people using passports as identification at places of entertainment such as discos. This may be a reason more passports are mislaid or stolen. She referred to passports being used fraudulently for identification purposes, for example, in opening bank accounts. It is crucial to protect the integrity of the passport. I welcome Deputy Lynch's support on the transgender issue and her kind words for the Cork Passport Office. I will pass on her comments. Deputies have also praised the service in the Dublin Passport Office in Molesworth Street and Balbriggan.

Deputy Lynch referred to the sale of passports. I do not agree with that practice, which is now a matter for history. There is no question of such a practice taking place today.

Deputy Ó Snodaigh asked the reasons a passport may be refused. Refusals generally occur where an applicant has not established his or her identity or right to citizenship. They also arise in respect of problems with parental consent or in respect of an order under the Bail Act. It would be rare for a passport to be refused for other reasons given the constitutional right to travel. However, I wish to inform Deputies Ó Snodaigh and Shatter that it is intended that an appeals will be introduced to complement the existing provision of judicial review.

Section 19 deals with offences and penalties. There exists already several Acts to deal with general offences in respect of property. There is a need to strengthen safeguards in this area and to provide specific legislation to deal with passport offences. Deputy Terence Flanagan asked about the cost of a passport. There is no price increase envisaged. The fee for a standard ten year Irish passport is €75. It was increased from €57 in March 2004, the first increase since 1993. This fee ranks mid-range in terms of passport fees among EU member states. The UK passport is much more expensive.

Some €34 million has been spent on the new system, including €6.6 million on biometrics. I assure Deputy Flanagan that the undocumented Irish in the United States will remain a priority. On the issue of the passport for life, which was partly answered by Deputy Mansergh, the Irish Civil Aviation Organisation, ICAO, states that ten years is the maximum period for which a person may obtain a passport.

Deputy Mansergh asked why the Bill contains such a large number of references to the Minister. The Passport Office is an integral part of the Department of Foreign Affairs. It is not a separate agency or quango. References to the Minister are necessary as he or she is answerable to the Dáil in this regard. I welcome and agree with Deputy Michael Kennedy's remarks on the value of the electronic passport which greatly enhances international security. As pointed out by him, the inclusion of the biometric chip greatly reduces the risk of theft and misuse of stolen passports.

While Deputy Shatter welcomed the Bill, he again raised the issue of refusal of a passport. The Attorney General was closely involved in the drafting of this Bill. The Government would not put forward a measure which it believed to be unconstitutional. No citizen will be refused a passport for political reasons. The courts would not permit this. Deputy Shatter also raised issues relating to family passports. Section 14(2) prevents the taking outside of the country of a child where a custody case is being taken. This provision would only be used in exceptional circumstances.

I thank all Members who contributed to the debate. I am pleased the Bill has received such a warm welcome. I commend the Bill to the House.

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