Dáil Éireann Debate, Thursday - 13 October 2022
242. Deputy Michael Healy-Rae asked the Minister for Foreign Affairs the reason that a child who is in foster care is not treated in the same as any other child when it comes to receiving a passport (details supplied); and if he will make a statement on the matter. [50822/22]
View answerAll passport applications are subject to the terms of the Passports Act, 2008 (“the Act”), which provides a legal basis for the various policies and practices that are applied by the Passport Service in the issuing of passports.
Under Section 14 of the Act, the Passport Service requires the consent of guardians before issuing a passport for a child under 18 years of age
Subject to the Act, the Passport Service may issue a passport to a child without the consent to such issue of a guardian of the child if a court in the State makes an order directing that a passport may be issued to the child without the consent to such issue of that guardian of the child.
Section 14 also provides that if a court in the State makes an order under any enactment which authorises a person other than a guardian of the child (including the Health Service Executive) to give consent to the issue of a passport to the child, the Minister may, subject to the Act and for so long as the order is in force, issue a passport to the child in accordance with the order.
Where an application is made for a passport for a child in the care of the HSE, the application usually comes with a direction from the Court with regard to guardianship in the form of a Court Order. It is imperative that the Passport Service strictly adheres to the direction of the Court by ensuring the consent of guardians, as appointed by the Court, is obtained before a passport can issue.
In the majority of such cases, a passport issues to the child for the normal period of validity. However, in cases where the Court Order specifies a specific date or period of validity for the passport, the Passport Service abides by this direction from the Court and issues the passport for the period outlined in the Court Order.
