Michael Kitt (Galway East, Fianna Fail)

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 decisions on issues which are the preserve of another Minister.

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 which allow a person claiming to be a citizen to apply to the Minister for Justice, Equality and Law Reform for a certificate of nationality. I would again add that as with all ministerial decisions, recourse may be had to judicial review. I do not propose to accept these amendments.