A Passport Card for All, not just for Drinkers!

What It might Look Like - A 'Novelty' Irish national ID Card For Sale Online

Having gone quiet since it was first mooted some years back, an article in the Irish Times last week reminds us that the idea of Passport Cards has not been abandoned entirely.  Ireland needs to introduce such cards for a host of reasons – but the constant focus on use in pubs distracts from other benefits.

Ireland and Britain are the only two European Union nations which do not issue National Identity Cards.  This means that the only valid form of ID for Irish and British citizens abroad is their passport.   All other EU nations, the US, Switzerland and many other countries have a credit card National ID document and or a Passport Card. 

For our EU neighbors, these cards can be used to travel through the entire EU and Schengen Zone as well as in some cases also to Egypt, Turkey, Albania, Bosnia and Herzegovina, Faroe, Georgia, Macedonia and to Serbia. The state driver’s license is universally accepted internally in the USA, as ID and also those travelling to Mexico and Canada by land can choose to use a Passport Card as an alternative to their traditional passport book.

 
The recent report from the Irish times tells us that the Passport Service has been working on a proposal to introduce a new passport card for travel within the EU.  Currently, Irish driving licenses are only acceptable as ID to travel to the UK (Ryanair still want passport/national ID) and after that a passport is required.  But why has this taken so long to introduce?

Apparently the Department of Foreign Affairs is currently looking at proposals, and has been since before current minister Charlie Flanagan came to the post.  Discussions are ongoing.  The current minister is lending his support, and it appears that the Passport Service are also open to the idea.

“We want to have a modern effective Passport Service for citizens, and we are exploring this as an innovative possibility in terms of convenience and ease of use.” – A spokesman for the Passport Service

There is however a continued emphasis, which is visible in the article, suggesting that the main demand for these ID cards relates to increased convenience for drinkers in pubs and nightclubs. This argument seems to trivialize the proposal and to suggest that it’s not important - why rush to help out young drinkers - but this misses the point on three fronts.  

Firstly, we are continually told that Ireland has an abnormally high rate of passports reported lost / stolen. The reason for this is simple – if you need your passport for every night out, then you bring your passport out more.  If you bring your passport out more you are more likely to lose it.  I suspect no other country on earth sees nightclub attenders bring passports along in such numbers.  More passports lost means more fraud risk, cost to the individual and the state as well as adding to processing times at the Passport Office.  Passports as the only choice of ID - this makes no sense. 

Secondly, not having a National ID or Passport Card is a major inconvenience for those who live in countries which require that all adults have ID on them at all times.  Most mainland EU countries have this requirement, meaning that Irish living in Germany, France or Poland are legally required to carry their passport with them at all times or risk arrest.  Clearly a credit card sized National ID or Passport Card would be more convenient when say.. going cycling or swimming… for example.

Thirdly, and perhaps most importantly, not having a card is a disadvantage to Irish workers, particularly those who travel a lot for work.  In particular the burden falls on those who travel to visa required states or who need work authorization for the kind of work they are doing abroad.  Whilst Irish passport holders can travel to 170 countries (See link and image below) without a passport in advance, this relates to tourist trips – not necessarily work trips where a visa may still be required. 

If an Irish person has their passport at an embassy awaiting a visa, they are therefore unable to travel through the EU pending the embassy decision.  In addition, if they live in a mandatory ID country, they technically can be arrested during this time for not having ID with them.  This is quite unlike our EU neighbors, who can travel at will with their National ID cards whilst the visa is pending, attending meetings, driving trucks or selling their goods across Europe. This hindrance should not be underestimated.  It is a major business disadvantage in hiring an Irish citizen over a citizen of another EU state for haulage/freight companies or other industries with significant international travel requirements outside the EU.

It is possible to apply for an additional 'business' passport to overcome these issues, but the current application system is onerous, the documents are expensive and they only last a maximum of 3 years.  In addition, the paperwork required to justify need for such a business passport is significant, all of which needs to be officially translated to English and sometimes there is a mandatory interview.  If you work for a foreign firm this takes time, money and hassle – the firm will just send the other guy! This is not good enough with Irish abroad competing for jobs. 

In summary, Ireland needs Passport Cards as a voluntary alternative to our traditional Passport book. These cards are demanded not only by young drinkers, but also by many citizens across all sectors, including not least those in business.  Hopefully they will soon become a reality so the passport book can have a rest!

Minister- please push ahead with the Passport Card initiative!

References:

Irish Times : 13.08.2014 : http://www.irishtimes.com/news/ireland/irish-news/minister-backing-proposal-to-introduce-passport-card-1.1895111

National ID Images : http://en.wikipedia.org/wiki/National_identity_cards_in_the_European_Economic_Area

Visa requirements by Nation:

http://www.movehub.com/blog/world-passport-power

Ireland Should Recognize US and EU Visas for Tourist Entry

With Ireland plying to increase international tourism, including from new and emerging markets, is this the time to lift visa requirements for those who have Visas/Green cards and Residence Permits for the US and for other EU countries?

Ireland, the Common Travel Area and Schengen

Ireland and the United Kingdom maintain a common travel area outside of the EU Schengen zone, which is operated by most other EU member states.  Interestingly however, with a few exceptions, there is no cross recognition of visas for both countries, rather Ireland and the UK continue to enforce quite different rules regarding who needs a visa and how residency permits are issued.  Currently international tourists and business visitors from outside the EU need separate Irish and UK visas.

On a number of occasions Ireland has mooted the idea of joining the Schengen visa system, however this remains both impracticable and politically impossible where the UK remains out. Under the regulations of Schengen visa membership, members with a border with a non-Schengen neighbour are required to implement strict controls at that external border.  In effect, if Ireland were to become a member of the Schengen zone, and the UK were to remain outside, it would be mandatory for Ireland to fence and secure the border around the six counties of Northern Ireland and to implement strict immigration controls on all border crossing points. 

Ireland wants to boost tourism

Ireland has always tried to promote tourism as an important industry, however over the past three years in particular, the government have launched a number of major initiatives aimed to increase tourist numbers, including from emerging markets.  Over the past two years we saw major advertising campaigns across the globe including for “The Gathering” and “The Wild Atlantic Way,” as well as new joint cooperation initiatives of Fáilte Ireland and Tourism Ireland to promote Giro D’Italia, the Croke Park Classic and Limerick City of Culture. Other efforts focused on encouraging major corporate conventions to come to Ireland as well as a push to reduce the Air Transport tax.

These campaigns are producing results as Tourism Ireland report that November 2013-January 2014 saw an 8.2% growth in overseas visitors, but there is still much to be done.

Testing the Waters – EU Family Rights

EU principles on Free Movement of Workers has meant that Ireland generally allows accompanying Non-EU spouses and family members of EU citizens to travel visa free to Ireland.  To stop them would hinder the EU citizens right to free movement, and hence would be arguably a breach of EU rules.  In effect, this is a cumbersome process of producing marriage certs and other documents to airline officials on check in, and also causes much irritation to those who are surprised to realize at the airport that Ireland is not covered by the Schengen agreement.  For all other visitors however, they need a separate visa for Ireland, as their Schengen wide visa is not valid here. 

Testing the Waters – Olympic Visa Waver Initiative

Separate to the impact of family freedoms, the first attempt to test the waters on cross recognition of visas was during the London Olympics.  During this time, as an interim measure, then Minister Alan Shatter lifted Irish visa requirements for those with Olympic Accreditations as well as introducing the “Ireland Short Stay Visa Waver Programme (VWP)”. The VWP commenced on 1 July, 2011 and was scheduled to run on a pilot basis until the end of October, 2012 taking in the period of the London Olympics. Under the Programme, tourists or business people who had already lawfully entered the UK, including Northern Ireland, on a valid UK visa were able to travel on to Ireland without the requirement to obtain an additional Irish visa. They are allowed to stay in Ireland for up to 3 months, or until their UK visa runs out, whichever was the shorter.

This interim VWP applied to nationals of sixteen countries namely India, Kazakhstan, the Peoples’ Republic of China, Uzbekistan, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Belarus, Montenegro, Russian Federation, Serbia, Turkey and Ukraine.

It was deemed a great success and was accordingly extended for a further 4 years.  Bosnia Herzegovina and Thailand were also added to the scheme.  The Irish Naturalization and Immigration Service explained their decision to extend the scheme by pointing to increased tourism figures and other positive indicators of the impact of the Programme, which they list as follows:

• The number of tourist groups from China more than doubled from July to August 2011 compared to the same period in 2010.
• A new Oriental Global Study Tour Centre has successfully organized two groups of more than 60 Chinese students to the UK and Ireland to study English and to sightsee in August 2011.
• A number of new operator and travel agent itineraries have been created as a result of the introduction of the Programme including:

                        - ­9 new tour operator itineraries from China

- 10 new tour operator itineraries from India

- 2 meetings and incentives groups included Ireland in their itineraries

- 5 new tour operator itineraries from the Gulf region

In all, it was generally agreed that the programed was a success, and should be extended. 

Testing the Waters – New British-Irish visa scheme (Cross Recognition for Indian and Chinese Nationals)

Last month, newly appointed Minister for Justice Frances Fitzgerald announced the launch of the British-Irish visa scheme. Under the new scheme Indian and Chinese nationals will be allowed to travel freely in the Common Travel Area with either an Irish or a British visa, much like what currently exists under the extended Olympic VWP program.  Interestingly however, this time it’s a two directional affair as the Irish visas will also be recognized in the UK.   As far as I am aware, this is the first formal example of UK recognition of Irish visas for entry to the UK.  That said however, this should be understood in the context of quite different understandings held by UK and Irish border officials when it comes to their role in checking transit passengers moving internally in the CTA. This is addressed in a previous chapter.   

From the tourism and business perspective, Minister Fitzgerald said the scheme would make it easier and more attractive for visitors to come to Ireland and the UK. She also pointed out that tourism had increased from these countries by 68 per cent between 2010 and 2013.

What I propose- A much broader VWP

Whilst all these different schemes are to be welcomed, it makes the process a complex mess. Anyone who has ever visited the INIS website looking for information will know that they need to scroll through press releases and myriads of information to try find an answer to a simple question.  Also, the legislation in place remains complex, with some countries not appearing on either the list of those who do or do not need a visa.

Why not simplify the process for everyone? In my view Ireland should extend the Visa Waver Program to all nationalities, and should also include visas issued by the Schengen states and the USA.

The same rules could apply, i.e. that Ireland grants admission to business or tourist visitors who are in possession of a valid UK or USA or Schengen Visa, and who have already lawfully entered the UK/USA/Schengen Zone on that visa, for up to 3 months or until their visa runs out, whichever is the shorter.

Why would this help ? – Cases in Point

There are simple examples of why this is needed. 

Case 1- Take a Russian Student living in France for the past three years. This student can travel without restriction on holiday to Malta, Sweden, Spain and Finland, but cannot travel to Ireland without applying for a visa.

Case 2- Then lets introduce ethnic issues presented by member states nationality laws. Take a Turkish German or Russian Estonian who have opted to maintain their family/origin nationality, and therefore don’t have EU passports - despite being legally resident and perhaps living their entire lives in the EU.  Again, these individuals can travel without restriction from Italy to Iceland and from France to Lithuania without questions, but cannot travel to Ireland without applying for a visa.

Case 3- Take an Indian living in the US for years with a US Green Card. This person can travel all across the USA without issue, as well as to many additional Central American Countries, but cannot travel to Ireland without applying for a visa.

Does this make sense ? I don’t think so.

Is it safe to remove these barriers ? - I think yes.

Ireland has a limited number of diplomatic missions abroad, and as such visa applicants often don’t have a representative mission in their home country.  This means that visa applications are often by post, and often times the decision maker does not have the opportunity to interview the applicant.

The USA, the UK and Schengen States have strict requirements for visas and work permits, often enforcing stringent and comprehensive processes for all applicants. In addition, my proposed broader VWP would only cover those who have already legally gained entry, and as such the UK Border Agency/Immigration, The US Customs and Border Patrol, or the Schengen States police and Frontex forces have already rescreened these individuals prior to their arrival in Ireland. 

I think those who have already been pre-screened by our European Neighbours or by the strict US immigration officials are likely to be safer, rather than higher risk, than any new applicants would.

Summary

Of course no system is flawless, but ultimately accepting pre-approved visitors from the USA, UK and Schengen States presents no additional risk to Ireland.  On the contrary, it stands to allow for a significant removal of red tape, a simplification of the rules and a removal of barriers which currently deter the tourists and business visitors we are trying to encourage.

A broad based Visa Waver Program is a good idea and should be implemented.

Seosamh O Murchadha

10.07.2014

Reference Materials: 

- New Scheme for Indian and Chinese Visitors http://www.irishtimes.com/news/politics/oireachtas/single-visa-will-allow-travel-for-chinese-indian-visitors-to-ireland-and-britain-1.1834622

- Olympic Scheme http://www.inis.gov.ie/en/INIS/Pages/Minister%20Shatter%20waives%20visa%20requirements%20for%20holders%20of%20Olympics%20Accreditation.

-          http://www.inis.gov.ie/en/INIS/Pages/Irish%20Short-stay%20Visa%20Waiver%20Programme%20Extension

-    - INIS Who needs a visa http://www.inis.gov.ie/en/INIS/Pages/Do%20I%20need%20an%20Irish%20Visa

-         
      - Statutory Instruments http://alturl.com/pitwb

The Dublin II Regulation - Ten Years On, Is it Working?

As the Dublin II Regulation Enters its Tenth Year - Is it Working?

Council Regulation (EC) No 343/2003

What is the Dublin II Regulation ?

The Dublin II Regulation is an EU Law which determines which Member State should examine an application for refugee status by an asylum seeker.  In most cases, the first Member State through which the asylum seeker entered the EU is deemed the responsible state, although there are some exceptions.

It was called the Dublin Regulation II because its predecessor was initially signed in Dublin, on the 15th of June in 1990.  Bringing together EU member states, and now also Norway, Iceland and Switzerland, the idea behind the the regulation was to put an end to a perceived problem of 'asylum shopping' and multiple asylum claims by those seeking protection in Europe. 

How it Works

To determine which state will be responsible for assessing the asylum application, the law examines (1) the first Point of Entry, (2) Principles of Family Unity and (3) Issuance of Visas and Residency Permits. Once established, this generally means that the asylum seeker will be returned to that member state, and will not be allowed to make an asylum application in the state of their choosing or current location.

Dublin II Countries

In effect, this means that member states which border Non-EU states (Greece, Malta, Italy), are likely to end up responsible for more arriving asylum seekers than those without external borders (Luxembourg, Belgium, the Netherlands). If asylum seekers make their way north west across Europe, they will likely be transferred back to Athens, Valetta and Rome once identified.

This situation was highlighted with the emergence of the Libyan Crisis, as well as conflicts in Iraq, Afghanistan and Syria, as  significant numbers of asylum seekers arrived via Greece, Italy and Malta. 

How does it effect Ireland

Asylum seekers making applications in Ireland are routinely fingerprinted using the EURODAC system. This system is designed to determine whether the applicant has previously applied for asylum in another Member State, as well as to search relevant immigration and identification databases across Europe.  If the asylum seeker tells authorities in Ireland that they arrived hidden in a truck with drove through Country X along the way, or if the EURODAC system shows a match from Country X, the Dublin II procedure will kick in and Ireland will request a transfer to that country.

Dublin II Transfers - Greece

There are a number of exceptions to the rule, such as where the asylum seeker had been issued a visa by another Member State, where the current Member State decides to allow an exception (0.1% of cases) or, where the asylum seeker already has family members resident in a Member State (0.5% of cases). Well, that is how its supposed to work anyway!

Greece

Although the system was criticized by practitioners, human rights groups and others right from the start, the situation became more complex with the financial crisis in Greece. In effect, it became apparent that Greece was no longer able to operate a functioning asylum determination system, and this raised concerns for the safety of asylum seekers, particularly children and those with medical needs. 

Protests against Dublin II at Frontex, Warsaw

This caused some states to suspend the 'transfer' of minors to Greece, and later also to Malta and Italy ,following a number of high profile cases, as well as concerns raised by Emilie Wiinbald and others of the UNHCR.  In the subsequent months and years, five separate European Court of Justice rulings set to 'clarify and civilize' the process. In cases such as MSS, NS, ME and the K Case the court expanded and promoted the humanitarian clause where by member states can choose to not implement the transfer process on humanitarian grounds. They also pushed the responsibility of Member States considering Dublin II transfers to examine systemic failures by other member states, as well as  to look at all the information available to them as regards the risk on non-refoulemont (risk the receiving state will deport them to a country where they may be subject to torture).  But still, the transfers continue.

Deportation at Dublin Airport

Impact on Ireland

The figures show that the majority of arriving and departing Dublin II transferees were to and from the United Kingdom over the past ten years.  There are a number of reasons for this, mainly related to the fact that Ireland and the UK share a common travel area, separate to the Schengen travel area on mainland Europe.  With this in mind, one must ask whether there is any point transferring/deporting people to the UK, a horrifically expensive and generally unpleasant experience for all involved,  when they can simply return via Belfast at their leisure. Equally, Dublin II transferees sent to Ireland can simply return to the UK days after arrival. So, is it worth the hassle?

Dublin III on the way?

MEP Wikstrom 

Last month, to highlight ten years of the Dublin Regulation, MEP Cecilia Wikstrom (Rapporteur on the recast of the Dublin II Regulation) hosted a conference which saw the launch of a report by Forum Refugies and the European Council on Refugees and Exiles (ECRE) which  was highly critical of the impact these transfers have on asylum seekers. 

At the conference Philip Amaral (JRS Europe) spoke of one example case where an Afghan man* who was transferred 15 times between member states. Michael Diedring (ECRE) went further, claiming that there is overwhelming evidence that the system does not work and that it is an obstacle to general solidarity in Europe. 

Frontex - The EU 'Border Force'

Despite concerns, the European Commission is currently working on version 3.0 of the regulation, which aims to implement 'significant humanitarian reforms'.  Mattias Oel, (European Commission) pointed out that the updated regulation will halt transfers to Members States where asylum seekers will experience inhumane or degrading treatment. But are we missing the point here?

Should States not be forced to protect Human Rights

What good is EU Membership if we can't trust other Member States to protect Human Rights?  MEP Thimothy Kirkhope (Former UK Immigration Chief and Minister) views the Dublin II system as a first step in 'burden sharing' but points out that the system is struggling because the European Commission is failing to enforce common standards for asylum across Europe. Criticizing Greece and other member states, he asked the Commission to stop accommodating Member State failures, rather to work to assist them with capacity building and to demand basic standards of protection.

Is it Fair on States? Is if fair on Transferees?

With 'front line' countries struggling with large numbers of applicants, is this an equitable and fair system for Europe to cooperate and share the burden? Further more, now that we know that some member states are clearly not implementing basic standards of human rights protection, is it right for  us to transfer asylum seekers to where they might not receive the protection they need?

Frontex on Greek Turkish Border

MEP Cecilia Wikstrom who is tasked with preparing for the redrawing of the regulation asks that critics wait and see how the new Common European Asylum System works when it gets up and running.  Her optimism is not shared by her predecessor Dennis De Jong however, who states that the system is doomed to fail in the end, and complains that the lack of examination of the costs involved is a mistake. In his view, the system 'encourages Member States with difficult borders to make the system as bad as possible and allow asylum seekers to pass without evidence'.

Matthias Oel of the European Commission hopes to counteract these critics and doomsayers, pointing out that his office will change its role from regulation making to implementation and monitoring, and says that this is the wrong time to put the whole Dublin Regulation system in question.

Summary - Time for a full Review

Surely this is exactly the right time to question the system, when work is underway to change and improve how it actually works.  Michael Diedring of ECRE says that even with the new changes, the system will continue to create hardship, as long as there is an asylum lottery in Europe. His point here is paramount to understanding the nature of the problem.  As long as countries implement separate systems, and where this creates (in reality or in perception) a better chance of success in one place over another, asylum seekers will continue in their effort to seek the best protection on offer.  

With open borders across Schengen States, and with open borders inside the Irish UK Common Travel area, why are we wasting money transferring asylum seekers endlessly around in circles, rather than focusing on the real problem of burden sharing, setting standards and enforcing the implementation of basic human rights to which all member states signed up!

In my opinion, the Dublin Regulation System is pointless and should be scrapped.

Read More: 

The Legislation - Click Here 

Criticism -  'The Dublin II Regulation - Lives on Hold' - Click Here 

Deportations in Operation - 'When Deportations Go Wrong' - Click Here 

Greek Forum for Refugees - Click Here 

European Asylum Support office - Click Here 

Read More About Sample Afghan Case:
*A 23-year-old Afghan man, single, arrives to the EU in 2009. He first arrives through Greece, then goes to Macedonia, Serbia and then to Hungary. This journey took one year, so now it’s 2010. In Hungary, he was detained and his asylum claim rejected. He left for Germany, where he was jailed and returned to Hungary. Then he went to Austria and was detained for 2 months; upon release, he fled to Switzerland. From there he was deported back to Hungary. Then to Germany again, 3 months in jail; deported back to Hungary. He again went to Austria but was sent again back to Hungary. He went back to Switzerland and spent another 3 months in detention. He tried several more journeys to Germany, always failing. Basically his entire time in Europe was spent in detention. During one of his last times in Switzerland he tried to hang himself, but was saved at the last moment by detention centre staff.