Dick Roche (Wicklow, Fianna Fail)

Section 10 of the Passports Act provides, inter alia, that a passport "shall be in the name of the applicant as it appears on his or her certificate of birth (whether in the English language or the Irish language)". There are some exceptions to the general rule, as the Deputy has pointed out. Under section 10(2) a passport may be issued in a new name following a marriage. That did not arise in this case. Section 10(4) permits the issuing of a passport in a new name where an applicant provides satisfactory evidence of the use of the name over a period of at least two years prior to the application. Where satisfactory evidence is not provided, section 10(5) permits the Minister to issue a passport in the new name. However, in such cases, the name on the certificate of birth is entered as an observation on the passport and must remain there for at least two years.

Deputy Flanagan is quite right. The international form of passport, which is used in this and other countries, has an observation page, which is directly across from the passport entry. Deputy Flanagan knows this and he is demonstrating this by lifting a piece of paper and showing it to the House. That observation must remain on the passport for at least two years. Including an observation helps to avoid difficulties which may arise, for example, where a person is applying for visas or work permits abroad. Although inclusion is optional for applicants who provide the required two years evidence of usage, it is a requirement in the case of applicants where such evidence is not provided. That is why the observation was entered on this man's passport in the manner it was. This is in accordance with international passport arrangements throughout the European Union and in many other countries.

In this case, the applicant provided ten documents issued to him in the Irish form of his name as evidence of usage. He presented a driving licence which, as the Deputy has said, had been issued in December 2008.

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