Seán Ó Fearghaíl
Question:6. Deputy Seán Ó Fearghaíl asked the Minister for Foreign Affairs and Trade if she will engage with the Polish Prime Minister regarding a case (details supplied). [33399/26]
View answerConsular Services
Questions (6)
Written answers
I can assure the Deputy that officials in my Department, including in the relevant Embassy, were in regular contact with the Irish citizen in this case and provided extensive consular assistance and guidance.
I am acutely aware that the circumstances of this case are very difficult for all concerned. The Embassy of Ireland maintains regular engagement with the authorities of the jurisdiction in question on this case, and the broader issues that it raises. The concerns of the Government in relation to this specific case have been raised at both diplomatic and political levels, including by my predecessor, the Tánaiste, who wrote to his counterpart on the matter.
As in similar cases, Departmental and Embassy officials advise Irish citizens to work closely with their local legal representative, as the citizen’s lawyer is best placed to advise on the laws as they pertain to the jurisdiction in question. I would note that any decisions regarding the enforcement of court orders remain a matter for the local authorities.
While my Department cannot interfere in legal or custodial matters, my officials remain available to provide consular assistance to the citizen, should the citizen request it, and I have asked them to keep me informed of developments in this case.
Passport Services
Questions (7, 8, 9, 10, 11)
Richard Boyd Barrett
Question:7. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade whether passport applicants who hold a gender recognition certificate issued under the Gender Recognition Act 2015 and which records a new name aligned with their preferred gender are also required to provide two-years proof of use of this new name when applying for a passport and specifically whether this requirement applies to first-time applicants resident in the State, renewal applicants resident in the State and applicants resident in Northern Ireland or overseas (both renewal and first-time applicants. [31839/26]
View answerRichard Boyd Barrett
Question:8. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade if proof of usage is required to apply a name change to passports, given that section 11(2a)(b) of the passports act 2008, as amended by section 38 of the gender recognition act 2015, provides that where an applicant produces a gender recognition certificate they may issue a passport in the new name and gender and does not reference any additional requirement; and whether the proof of name use requirement is consistent with the purpose and effect of that provision. [31841/26]
View answerRichard Boyd Barrett
Question:9. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade given that marriage and civil partnership legal certificates are sufficient proof for change of name without proof of two-year usage requirement for passport purposes; and the reason is there a different practice in respect of gender recognition certificate holders. [31843/26]
View answerRichard Boyd Barrett
Question:10. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade whether first-time passport applicants who hold a gender recognition certificate and whose birth was registered outside the State are required to produce an original civil birth certificate as re-issued after gender recognition reflecting their new name and gender, in circumstances where many countries do not provide an accessible legal gender recognition procedure; and if so, the legal basis for that requirement. [31845/26]
View answerRichard Boyd Barrett
Question:11. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade whether her Department will publish the internal written guidelines for processing passport applications by persons who hold a gender recognition certificate, referenced in a Parliamentary Question response of 14 February 2018 but never published. [31847/26]
View answerWritten answers
I propose to take Questions Nos. 7, 8, 9, 10 and 11 together.
All passport applications are subject to the terms of the Passports Act, 2008 (“the 2008 Act”), which provides the legal basis for the policies and practices that are applied by the Passport Service.
Section 10 of the 2008 Act provides that a passport will issue in the name of a citizen as it appears on their birth certificate or naturalisation certificate. However, a name change for a passport from that which appears on a person’s birth certificate is permitted under the 2008 Act in situations such as marriage, civil partnership etc. where civil or legal documents are available to verify this change.
In cases where a name change arises, other than by marriage or civil partnership etc., the 2008 Act requires evidence of the use of this new name over a two year period.
Section 11 of the 2008 Act related to gender reassignment. Following the Gender Recognition Act (2015), which provides a legal right to a person to have their preferred gender formally recognised by the State, applicants who are resident in the State should provide a Gender Recognition Cert (GRC) from the Department of Social Protection with their application.
Passport applicants who are resident in Ireland can apply for a first time passport or to renew their passport if they have a Gender Recognition Certificate issued by the Department of Social Protection.
For a passport renewal applicant, the following original documents are requested:
• Original Gender Recognition Certificate as issued by the Department of Social Protection.
• Current Irish passport.
For a first time applicant, the following original documents are requested:
• Witnessed identity verification form.
• Original Gender Recognition Certificate as issued by the Department of Social Protection.
• Original Civil Birth certificate as re-issued after gender recognition (if available).
• Proof of address such as Government correspondence such as a letter from the Department of Social Protection or the Revenue Commissioners.
• Proof of name such as Government correspondence such as a letter from the Department of Social Protection or the Revenue Commissioners.
• Photographic identification such as a copy of a Public Services Card or certified copy of a driver's licence.
Section 11 of the 2008 Act provides that where an applicant is not eligible for a GRC, they must produce (i) a statutory declaration declaring that they have a settled and solemn intention of living in the new gender for the rest of their life and understand the consequences of the application, and (ii) if appropriate, evidence of the use of their new name.
For a passport renewal applicant, who is not eligible to apply for a GRC, the following original documents are requested:
• A statutory declaration declaring that the applicant has a settled and solemn intention of living in the new gender for the rest of his or her life and understands the consequences of the application.
• If changing name, two documents showing usage of the new name over two years.
• Current Irish passport.
For a first time applicant, who is not eligible to apply for a GRC, the following original documents are requested:
• Witnessed identity verification form.
• A statutory declaration declaring that the applicant has a settled and solemn intention of living in the new gender for the rest of his or her life and understands the consequences of the application.
• Original Civil Birth certificate (showing parents' information - this is a key document to establish citizenship)
• Proof of address such as original utility bills, or bank statements or Government correspondence.
• Photographic identification such as a an original passport from another country or a certified copy of driver’s licence.
• If changing name, two documents showing usage of the new name over two years.
These sensitive cases are processed by highly trained and experienced Passport Service officers, who seek to balance the rights of applicants who have changed their gender (and in some cases their name) with protecting the integrity of the Irish passport. Where original birth certificates from outside of the State cannot be re-issued to reflect the applicant's new gender, the Passport Service will work with the applicant on a case-by-case basis.
With regard to the Deputy’s query about publishing the internal written guidelines for processing passport applications by persons who hold a GRC, the Passport Service does not publish internal policy documents, however, I refer the Deputy to our website which lists the documents required by an applicant whose gender has now been recognised whether they are first time or renewal applications. This page also provides guidance for applicants who are resident in Ireland, Northern Ireland, or overseas. www.ireland.ie/en/dfa/passports/documentary-requirements/adult/#change-information.
Question No. 8 answered with Question No. 7.
Question No. 9 answered with Question No. 7.
Question No. 10 answered with Question No. 7.
Question No. 11 answered with Question No. 7.
Passport Services
Questions (12)
Ruth Coppinger
Question:12. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade whether passport applicants who hold a gender recognition certificate issued under the Gender Recognition Act 2015 and which records a new name aligned with their preferred gender are also required to provide two-years proof of use of this new name when applying for a passport and specifically whether this requirement applies to first-time applicants resident in the State, renewal applicants resident in the State and applicants resident in Northern Ireland or overseas both renewal and first-time applicants (details supplied). [31924/26]
View answerWritten answers
All passport applications are subject to the terms of the Passports Act, 2008 (“the 2008 Act”), which provides the legal basis for the policies and practices that are applied by the Passport Service.
Section 10 of the 2008 Act provides that a passport will issue in the name of a citizen as it appears on their birth certificate or naturalisation certificate. However, a name change for a passport from that which appears on a person’s birth certificate is permitted under the 2008 Act in situations such as marriage, civil partnership etc. where civil or legal documents are available to verify this change.
In cases where a name change arises, other than by marriage or civil partnership etc., the 2008 Act requires evidence of the use of this new name over a two year period.
Section 11 of the 2008 Act related to gender reassignment. Following the Gender Recognition Act (2015), which provides a legal right to a person to have their preferred gender formally recognised by the State, applicants who are resident in the State should provide a Gender Recognition Cert (GRC) from the Department of Social Protection with their application.
Passport applicants who are resident in Ireland can apply for a first time passport or to renew their passport if they have a Gender Recognition Certificate issued by the Department of Social Protection.
For a passport renewal applicant, the following original documents are requested:
• Original Gender Recognition Certificate as issued by the Department of Social Protection.
• Current Irish passport.
For a first time applicant, the following original documents are requested:
• Witnessed identity verification form.
• Original Gender Recognition Certificate as issued by the Department of Social Protection.
• Original Civil Birth certificate as re-issued after gender recognition (if available).
• Proof of address such as Government correspondence such as a letter from the Department of Social Protection or the Revenue Commissioners.
• Proof of name such as Government correspondence such as a letter from the Department of Social Protection or the Revenue Commissioners.
• Photographic identification such as a copy of a Public Services Card or certified copy of a driver's licence.
Section 11 of the 2008 Act provides that where an applicant is not eligible for a GRC, they must produce (i) a statutory declaration declaring that they have a settled and solemn intention of living in the new gender for the rest of their life and understand the consequences of the application, and (ii) if appropriate, evidence of the use of their new name.
For a passport renewal applicant, who is not eligible to apply for a GRC, the following original documents are requested:
• A statutory declaration declaring that the applicant has a settled and solemn intention of living in the new gender for the rest of his or her life and understands the consequences of the application.
• If changing name, two documents showing usage of the new name over two years.
• Current Irish passport.
For a first time applicant, who is not eligible to apply for a GRC, the following original documents are requested:
• Witnessed identity verification form.
• A statutory declaration declaring that the applicant has a settled and solemn intention of living in the new gender for the rest of his or her life and understands the consequences of the application.
• Original Civil Birth certificate (showing parents' information - this is a key document to establish citizenship)
• Proof of address such as original utility bills, or bank statements or Government correspondence.
• Photographic identification such as a an original passport from another country or a certified copy of driver’s licence.
• If changing name, two documents showing usage of the new name over two years.
These sensitive cases are processed by highly trained and experienced Passport Service officers, who seek to balance the rights of applicants who have changed their gender (and in some cases their name) with protecting the integrity of the Irish passport. Where original birth certificates from outside of the State cannot be re-issued to reflect the applicant's new gender, the Passport Service will work with the applicant on a case-by-case basis.
With regard to the Deputy’s query about publishing the internal written guidelines for processing passport applications by persons who hold a GRC, the Passport Service does not publish internal policy documents, however, I refer the Deputy to our website which lists the documents required by an applicant whose gender has now been recognised whether they are first time or renewal applications. This page also provides guidance for applicants who are resident in Ireland, Northern Ireland, or overseas. www.ireland.ie/en/dfa/passports/documentary-requirements/adult/#change-information.