Maureen O'Sullivan (Dublin Central, Independent)
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30. To ask the Minister for Foreign Affairs and Trade his plans to address the issue of Irish passport holders who have been convicted of a sex crime travelling to countries in which child prostitution and sex tourism is widespread; and if he will consult with the Minister for Justice and Equality on the way in which actions such as passport limitations might be taken. [39822/17]

Simon Coveney (Cork South Central, Fine Gael)
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At the outset, it is important on behalf of the Government to absolutely condemn anyone, including those who may be travelling from this country, engaging in so-called sex tourism involving minors. We are committed to combatting child sex abuse in every way possible. In terms of passports, all applications are subject to the terms of the Passports Act, 2008 (“the Act”), which provides a legal basis for the various policies and practices which are applied by the Passport Service in the issue of passports. Irish citizens are entitled to be issued with a passport, subject to the requirements of the Act.There is provision in the Act to refuse a person a passport.The most common grounds for this course of action would be in cases where

the person’s entitlement to Irish citizenship has not been demonstrated; or

the person’s identity has not been satisfactorily established; or

in circumstances including where the Minister is notified by the Courts Service of a court order requiring a person to surrender his or her passport and to refrain from applying from a passport;

the passport application is fraudulent or misleading;

in the case of children the consent for the issue of a passport by the legal guardians has not been provided.

The Act requires the Minister to write to the person, who is being refused a passport, and cite the reason(s) for passport refusal.The Minister is obliged to offer a period of time to the person to make any representations and/or provide additional information that may be relevant to the proposed course of action.These requirements are important as they protect the right of Irish citizens (including those who in the past have been convicted of criminal offences and who have fully served the custodial sentences) to obtain and hold a passport for travel, subject to the requirements of the Act.

In addition to the reasons above, there are other possible grounds for passport refusal.In general, these relate to the likelihood, after consultation with the Minister for Justice and/or the Minister for Defence, of a person engaging in conduct that:

might prejudice national security or the security of another state

might endanger public safety or order,

would be contrary to the common good or

might endanger that person or others

These provisions have been used in a limited number of cases to refuse a passport, usually in the context of terrorist sanctions or in cases involving mental illness.

Any refusal to issue a passport must be evidence-based and defensible in the case of legal challenge.

The Passport Services does not have any statutory power to impose or monitor travel restrictions on a passport holder. Nor is it possible to issue a passport with a restriction limiting its use for travel to certain specified States only.