Michael Kitt (Galway East, Fianna Fail)

This Bill establishes a statutory right in case of refusal or cancellation of passport for such decisions to be appealed to an independent passport appeals officer. The appeals mechanism is set out in some detail in section 19. Further supplementary and ancillary details will be set out in regulations that will be laid before the House. The independent passport appeals officer mechanism provides access to a speedy and inexpensive additional means to challenge the Minister's decision. If unhappy with the decision of the passport appeals officer, the aggrieved person may seek further recourse through judicial review.

In answer to Deputies Lynch and Ó Snodaigh, I understand that in the past three years one person was refused a passport. As I have said, it is a small number. Amendments Nos. 18 and 25 would make sense if there were no independent appeals mechanism. However, in view of the provision of an appeal under section 19, I do not believe it is necessary to provide for a supplementary right of appeal to the District Court. As regards amendments Nos. 27 and 28, proposed by Deputy Michael D. Higgins, citizenship matters are the responsibility of the Minister for Justice, Equality and Law Reform and the Minister for Foreign Affairs does not have competence to take decisions in that area. In line with existing practice, a person whose passport is refused or cancelled on the basis of citizenship, may raise the matter with the Minister for Justice, Equality and Law Reform. The Irish nationality and citizenship Acts already establish formal procedures that allow a person claiming to be a citizen to apply to the Minister for Justice, Equality and Law Reform for a certificate of nationality.

On amendment No. 32, proposed by Deputy Aengus Ó Snodaigh, it is not necessary to provide for a further right of appeal to the District Court against the recommendation of the appeals officer. In the event that an appellant is unhappy, following consideration of the matter by the passport appeals officer, he or she can seek judicial review of the Minister's decision. I therefore oppose the amendments.

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