Michael Kitt (Galway East, Fianna Fail)

Section 14(1) provides that the consent of all guardians must be sought before issuance of a passport to a child or alternatively, as provided for in section 14(3), a court order dispensing with consent must be obtained. Under the Guardianship of Infants Act 1964, married parents are joint guardians of their children. By contrast, the father of a child born outside marriage is not automatically a guardian of his child. Where a father is not a guardian of a child he may apply to the District Court to be appointed guardian, or he may become guardian by making a statutory declaration with the child's mother agreeing to his appointment as a guardian. These options apply whether or not he is named on the child's certificate of birth. Where a father is appointed guardian, his consent must be obtained prior to the issue of a passport in the same way as the consent of other guardians must be obtained. Section 14(2) permits the Minister to take account of the circumstances of the case in deciding whether to issue a passport to a child without the consent of a non-guardian parent. This discretion will allow the Minister to consider the views and rights of non-guardian parents in so far as they are known to him or her.

I appreciate the intention of amendment No. 20. However, changing the rights of a non-guardian parent through legislation is a family law matter. This Bill is designed to regulate the passport service and is not an appropriate vehicle to introduce changes in family law. Such matters are best handled by other Departments. Similarly, amendment No. 22, which seeks to incorporate restrictions on the removal of a child from the State, deals with issues outside the remit of the Bill. I understand the Deputy's intention but it is not appropriate to include such a provision in legislation dealing with the administration of the passport service. I cannot accept its inclusion in the Bill.

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