Results 10,501-10,520 of 11,433 for speaker:Michael Kitt

Seanad: Passports Bill 2007 Committee Stage (Resumed) (19 Mar 2008)

Michael Kitt: Senator Ormonde and I have made clear the difference between the lesser offence of using a person's passport and the offence of interfering with a passport. Given the increasing electronic calibration of passports — I believe that is the correct term — people should not be under the impression that they can get away with interfering with a passport. They will be stopped by customs or...

Seanad: Passports Bill 2007 Committee Stage (Resumed) (19 Mar 2008)

Michael Kitt: While I understand the rationale and intentions behind the amendment, passports have, since the foundation of the State, been issued by the Minister for Foreign Affairs under the executive power of the State and on the authority of the Government. This practice is perfectly legitimate. Enactment of the Passports Bill will simply add a legislative basis to the exercise of this function....

Seanad: Passports Bill 2007 Committee Stage (Resumed) (19 Mar 2008)

Michael Kitt: My officials have reminded me this is the first Bill, other than legislation from the Department of Justice, Equality and Law Reform, that has been referred to the Irish Human Rights Commission. It is also the first Bill on which the Oireachtas Library and Research Service did a helpful analysis, for which we are grateful. I thank Senators Cummins, Coghlan, Alex White, Ormonde and Quinn who...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I am saying that these amendments were reinstating a right of appeal to the passports appeal officer in respect of decisions to refuse or cancel a passport on the basis of citizenship. I am repeating what I said in the Dáil. Citizenship comes within the competence of the Department of Justice, Equality and Law Reform and would not be relevant to the Bill.

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I take on board the points made by all Senators. As I stated, there was clarification by reference to the European Convention on Human Rights, particularly protocol 4 of that convention. There is also an obligation on the Minister under the European Convention on Human Rights Act 2003. The point Senator Cummins raised about NGOs travelling abroad is a very good one. To stop NGOs...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: In reply to Senator Alex White, this amendment seeks to provide that the Minister can refuse to issue another passport to an applicant who refuses to surrender a passport previously issued to him or her. Section 18(6), as the Senator said, provides that an applicant for a passport shall, if so required by the Minister, surrender a passport issued to him or her — whether or not it is valid...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: The answer is "Yes".

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: 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...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I thank the Senators for their comments. This legislation is about the administration of the passport system and not about social policy or family law, although Senator Alex White's amendments in this regard are well intentioned. We are all concerned about child abduction, which was highlighted in respect of amendment No. 7, but it is not encompassed by this legislation. Other Departments...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I thank Senator Paddy Burke for raising that issue and I thank Senator Cassidy for his remarks. The main requirement is that adequate information be on the birth certificate. I understand that there was a change to the citizenship legislation in 2005 regarding non-nationals. We therefore require as much information as possible on the birth certificate. That is the over-riding concern. I...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: While what Senators Quinn and Ormonde have said is interesting, we are dealing here with the regulation and the issuance of Irish passports. The amendment Senator Quinn tabled and which was ruled out of order referred to establishing an independent commission to prepare a report on the implications for Ireland if it became party to the Schengen acquis. Senator Ormonde has come up with a...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I thank those Senators who have contributed on this issue. My understanding is that section 16 permits the Minister to issue a diplomatic passport to an officer of the Minister of diplomatic rank, or under subsection (1)(b) to a person or one of a class of persons to whom the Minister considers it is appropriate to issue such a passport. This permits reasonably broad discretion to designate...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: Yes, they would have to apply. On account of having been former Ministers, they would be invited to events or occasions where they would have a particular role, as with the people I mentioned previously.

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I will try to deal with some of the questions. In respect of Senator Alex White's point about official duties, there are some examples I could give. A state funeral which a former Member of the Oireachtas or Minister might be asked to attend would be one. In respect of questions about the lord mayor or mayor of a city or county, those applications could be looked at on a case by case...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: They are entitled to apply for one.

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: Amendments Nos. 9 and 10 seek to include within the scope of the appeals mechanism decisions to refuse or cancel a passport that are based on citizenship. Decisions based on citizenship are not covered by the appeals mechanism because this area is the responsibility of the Minister for Justice, Equality and Law Reform. The Minister for Foreign Affairs does not have competence to take...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I understand the point the Senator is making. However, I have been advised by the Office of the Attorney General that this amendment is unnecessary because the Civil Registration Act already provides for the issue raised. Section 5(1) of that Act provides that in so far as any certificate issued under any enactment repealed by section 4 of the same Act could have been issued under a...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: This section deals with the regulations, as Senator Cummins observed. However, these are not State regulations and requirements but simply the conditions laid down by the airlines. This was raised on Second Stage in both the Dáil and Seanad. Senator Keaveney, for example, spoke about people being questioned as they came off the Belfast to Dublin train. This section does not deal with...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: Section 6(1) of the Bill gives a citizen of Ireland the right to apply for a passport. Section 6(2) requires applications to be made in a certain form and to be accompanied by certain information and documents. In other words, a citizen can choose whether to apply for a passport. If he or she chooses to apply, the application must satisfy a number of mandatory requirements. If I were to...

Seanad: Passports Bill 2007: Committee Stage (12 Mar 2008)

Michael Kitt: I thank Senators for their comments. The term "common good" is included in the legislation to give the Minister discretion in exceptional cases. In practice, it is unlikely a Minister will invoke the power to refuse a passport on the basis of the common good. This provision is also included in recognition of the explicit use of the term "common good" in the High Court judgment that first...