Pearse Doherty (Sinn Fein)

I welcome the Second Stage debate of the Passports Bill 2007, which contains a number of positive elements. The right to travel outside the State and the right to hold a passport are enumerated rights under Article 43 of the Constitution. The prospect of having primary legislation clearly articulate these rights and the system governing their realisation is welcome.

The Bill introduces in the Minister's decision making the concept of the child's best interest, a welcome development that is consistent with the foremost principle of the United Nations Convention on the Rights of the Child. I also welcome the provision allowing for transgendered persons to change their gender on their passport. This is the first time explicit recognition has been given to the rights of transgendered persons in law. As such, it is a positive development.

The Bill is problematic in a number of respects. Section 12 provides for the refusal to issue passports and gives the Minister dangerously extensive powers of discretion with little transparency. The Minister may decide either alone or on the basis of the opinion of a Government colleague to deny an Irish citizen a passport and, by extension, the right to leave the State. The Minister can deprive an individual of this fundamental liberty if, in his or her view, the person may engage in conduct that would endanger public safety, would be contrary to the common good or on the often abused ground that the person might prejudice State security.

I note the Dáil amended this section to allow a passport appeals officer to appeal the Minister's decision to refuse or cancel a passport. This provision is worthless because the officer cannot reverse the decision. For this reason, Sinn Féin advocates the establishment of a direct channel of appeal to the District Court. At minimum, the Bill should provide that the Minister must issue the person applying for a passport a detailed, clear statement setting out the reasons for a decision to refuse the application for a passport or the withdrawal of same. The Bill must make provision for a prompt, independent administrative appeals mechanism.

The measures on biometric data create significant human rights concerns, particularly with regard to the right to privacy. It appears from the Department's briefing note that the main premise for introducing these provisions was the attack on the World Trade Centre on 11 September 2001. It should be noted, however, that at no time has an evidence-based case been made to justify the introduction and retention of biometric and other personal information belonging to passport holders. While I acknowledge that the world is changing and technology is developing, this highly expensive system with the potential to compromise human rights is being introduced at the insistence of the United States and for no other reason. This issue needs to be considered very carefully.

One of the core principles of privacy and data protection is that any interference with these rights must be justified and proportionate. In July 2006, the Swiss Federal Data Protection and Information Commissioner held that the storage of biometric data on a central database as part of the Swiss biometric passport system was disproportionate to the objective of identity verification of passport holders.

For the purposes of the Bill, biometric data are defined as information relating to distinctive physical characteristics and may include the measurements of same. Currently, the only biometric use for passports are facial images, which are stored on a central database held by the Department of Foreign Affairs. Under the section, the Minister may, at any time and without consultation, extend biometrics required for passport applicants to include iris images, fingerprints and, potentially, DNA profiles. At minimum, the Bill should be amended to limit the biometric provisions to facial images, thereby requiring any future extension to be preceded by full debate and scrutiny in the Oireachtas.

I ask the Minister of State to confirm that the use of the database and its contents will be limited to the processing required for the issuing or cancellation of passports, with high bar exceptions only. According to the Bill, the Data Protection Acts apply. However, they contain broad exemptions. The Minister must demonstrate that the new passport system will not amount to the introduction by stealth of a massive biometric database at the disposal of domestic and foreign security agencies. I ask the Minister of State to detail the safeguards in place to prevent the abuse of information provided for the purpose of making a passport application.

Section 8 provides that the "Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for the processing of biometric data in respect of applicants for passports." Is the Minister seriously considering privatising the processing of something as sensitive as biometric data?

There is scope for improving the Bill. On section 3, which provides for the making of regulations by the Minister, and section 5, which provides for the performance of relevant functions by the Minister on the authority of the Government, it would be preferable if, as recommended by the Irish Human Rights Commission, an explicit reference was made in the text to the obligation of the Minister to take human rights standards into consideration when making incidental, supplementary and consequential provisions. The Bill should also refer to the Minister's obligation to make his decisions in a manner that is compatible with the rulings of the European Court of Human Rights.

Most Senators and Deputies receive telephone calls from constituents who have discovered their passport has expired a day or two before they are due to travel abroad. To address this problem, the Department should alert passport holders by post when their passport is about to expire. Similar steps are taken to inform drivers that their vehicle taxation or national car tests are about to expire. If warnings were issued, the process would run more smoothly because fewer people would seek passport renewals at the last moment.

Senator Keaveney referred to people using nicknames or other forms of their name which do not appear on their passport. I ask the Minister to address in the Bill the need to accommodate those who wish to use the Irish language form of their names on their passports. If Senators or Deputies who use the English versions of their names on passports apply for new passports with the Gaelic versions of their names, which are the true versions in the opinion of many, they will be refused permission to do so under this Bill. They will be refused under the current rules because there is a requirement to show that the Gaelic version of the name has been used in the previous two years for different purposes. That is not fair. We should encourage people to use the Irish version of their name if they so wish. As PPS numbers are used in the application process there is no need for such a restriction on the use of the Gaelic name. I ask the Minister to take on board that suggestion.