Seanad debates

Wednesday, 19 March 2008

Passports Bill 2007 Committee Stage (Resumed)

 

5:00 pm

Photo of Alex WhiteAlex White (Labour)

I move amendment No. 11:

In page 15, subsection (1)(d), line 46, after "abroad)," to insert the following:

"otherwise than in circumstances referred to in subsection (2),".

This amendment proposes to add to section 20(1)(d), which makes it an offence for a person who uses, or attempts to use, a passport that is, and that he or she knows or believes to be, a false passport as evidence of identity or citizenship, in either case, whether or not in connection with travel abroad. The amendment then refers to subsection (2), which is a specified offence dealing with a person who uses a false passport to gain access to a licensed premises. Under subsection (5), the fine for being associated with using a false passport to gain access to a licensed premises does not exceed €500. However, the fine for conduct covered by the existing section 20(1)(d) is essentially unlimited, if one looks at subsection (4), which deals with fines. It states that such a person is liable on conviction on indictment to a fine or imprisonment for a term not exceeding ten years or both.

My amendment seeks to deal with that anomaly and it addresses it by making sections 20(1)(d) and section 20(2) mutually exclusive so they can be dealt with separately rather than the manner in which they are currently proposed. I would like to hear what the Minister of State has to say on this.

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