I propose to take Questions Nos. 216 and 217 together.
I propose to take PQ 15071/25 and PQ 15077/25 together.
All passport applications are subject to the provisions of the Passports Act, 2008 (“the 2008 Act”). Under Section 14(1) of the Act, the consent of a child’s guardian(s) must be given before the Passport Service can issue them a passport.
Under Irish law, the rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act 1964. In 2016, certain provisions of the Children and Family Relationships Act 2015 came into effect that made a number of changes to the Guardianship of Infants Act 1964.
In order to protect the integrity of the Irish passport and the rights of the child and their guardian(s), it is important that the Child Identity and Consent form is correctly completed, witnessed and validated by the Passport Service for both first time and renewal applications for children. Guardians do not have to present themselves together to the person acting as a witness. This means that the form can be completed separately by the child's guardians.
Section 14 of the Passports Act, 2008 also sets out a number of exceptions in relation to consent. In cases where difficulties arise from the absence of agreement between parents or guardians, section 14(3) allows a court in the State to make an order directing that a passport may be issued to the child without the consent of the guardian who is not consenting. Section 14(5) of the Act provides for a passport to be issued, in exceptional circumstances, without the consent of a guardian for the purposes of safeguarding the welfare of a child.
Each passport application is assessed and evaluated on its own merits to ensure the provisions of the 2008 Act have been met.
