Dáil debates

Tuesday, 19 February 2008

Passports Bill 2007: Report Stage

 

5:00 pm

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

I have no difficulty with the intention behind these amendments, which are designed to ensure the welfare of children. Securing the welfare of children is central to this Bill and there are many provisions that touch on the matter. In the administration of the passport service, the Minister in the normal way is required to and will comply with orders issued by the courts directing him or her to carry out or refrain from certain actions. This means it is not necessary to make provision for amendment No. 21, which concerns court issuing directions to the Minister. Amendment No. 16, proposed by Deputy Shatter may assist in ensuring greater clarity on orders directing parents or guardians to refrain from applying for a passport for a child and I therefore propose to accept it.

On amendment No. 24, I am assured by the Office of the Chief Parliamentary Counsel that there is sufficient cover for the scenario outlined in existing sections of the Bill. Section 18(1)(a) permits a cancellation where the Minister becomes aware of a fact or circumstance, whether occurring before or after the issuing of passport, that would have permitted a refusal. Section 18(1)(d) further provides explicit authority to cancel a child's passport where it is necessary to secure the welfare of the child, following the issuing of a passport without the consent of one or more guardians in the exceptional cases set out in sections 14(5) and 14(6). Accordingly, I propose to accept amendment No. 16 and to oppose amendments Nos. 21 and 24.

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