Dáil Éireann Debate, Tuesday - 10 February 2009
382 Deputy Damien English asked the Minister for Foreign Affairs if a citizen of the State, who has an Irish birth certificate on which their name was recorded in English, can apply for an Irish passport under their Irish name; and if he will make a statement on the matter. [4838/09]
View answer383 Deputy Damien English asked the Minister for Foreign Affairs the correct procedure that a person aged 17 years must follow in order to attain their first passport under their Irish name when the birth certificate they possess has their name in English; and if he will make a statement on the matter. [4839/09]
View answerI propose to take Questions Nos. 382 and 383 together.
Section 10 of the Passports Act 2008 provides that a passport issued under the Act "shall be in the name of the applicant as it appears in his or her certificate of birth (whether in the English language or the Irish language) or, as may be appropriate, a certificate of naturalisation or other document produced by him or her to the Minister as evidence of Irish citizenship."
There are a number of exceptions to this general rule. Under Section 10(2), a passport may be issued in a new name following marriage. Section 10(4) permits the issuing of a passport in a name other than the name on the certificate of birth, where the applicant provides satisfactory evidence of the use of the new name over a period of at least two years prior to the date of application.
In cases where satisfactory evidence over a two year period is not provided, Section 10(5) permits the Minister to issue a passport in a new name. However, in such cases, the name on the certificate of birth or other evidence of citizenship is entered as an observation in the passport and must remain there for a period of not less than two years.
The inclusion of an observation regarding a previous name helps to avoid difficulties that may arise, for example, when a person is applying for visas or work permits abroad, due to the name on his or her passport differing from the name entered on a certificate of birth or previous passport. Although its inclusion is optional in the case of applicants who have the required two years satisfactory evidence of usage of the new name, in accordance with Section 10(5), it is a requirement in the case of applications where such evidence is not provided.
Accordingly, where a person has an Irish birth certificate with a name recorded in the English language, he or she may apply for a passport in his or her name in the Irish language by providing satisfactory evidence of usage of that form of the name. This provision also extends to cases where a person seeks a passport in the English form of the name but the certificate of birth shows the name in the Irish language.
The nature of evidence of use of a new name will depend on an individual's circumstances. Typically, where an applicant is under age 18, proofs of use would include bank or savings account details, school records and reports or a letter from the family doctor certifying that the applicant is registered with the practice in the name in which the application is made.
In regard to the case outlined by the Deputy, the individual in question has the option, as indicated above, of applying for a new passport in the Irish version of his/her name. This can be granted provided that the applicant can show proof of usage for two years. If this is not available, it will be necessary to include the English version of the name as an observation on the passport for at least two years.
