10. Mr A is seeking to ensure the rights under the GFA are put into practice, for HMPO’s policy on names to be changed and made clearer, and for HMPO to work with the Irish government on this issue.
11. As an independent organisation, we are not involved in setting Home Office or HMPO operational policies. Where there is strong evidence a policy is unfair, to the extent that it results in maladministration, we can point this out to a government organisation and ask that the policy be reviewed.
12. In considering Mr A’s application, HMPO applied its policy on aligning names on foreign documents, which states:
‘Why we ask customers to align their name
We will not issue the customer a passport if we cannot confirm that they have one name they use for all official purposes. For example, when the customer applies for a passport and they: • provide a national identity card in a different name to the one on their passport application • declare a foreign or other British passport (for example, a British National Overseas passport) in a different name to the one on their passport application
This is because, we: • must protect the security of the British passport (by preventing, disrupting and identifying those who change their name to commit crime or avoid detection) • cannot accept documents that allow a customer to apply for a foreign passport in a different name’
13. HMPO has a number of exceptions to its policy on aligning names. It says it considers: • the legal, cultural, social and technical restrictions of the country (where the document is from) that may stop the customer from changing their name • if a customer gives us official evidence, that they: • cannot renew a foreign passport in their old name or can only renew it in the same name shown on their British passport application • are already in the process of aligning the name on their foreign passport • if it’s reasonable to ask customers to change their name on a foreign document
14. We can see Mr A’s complaint is motivated by his wish to exercise his Irish and British identity. Mr A has the option of aligning his Irish passport to match the name on his UK passport application or aligning his UK passport application to the name on his Irish passport. We have seen nothing to support that Mr A met HMPO’s criteria for exceptional circumstances or that his request outweighs the need to maintain security.
15. HMPO said that it does not believe its policy infringes Mr A’s rights under the GFA because there are options open to him under its current policy to have both a British and an Irish passport. Mr A has not provided any evidence as to why he would be unable to do this, other than his wish to maintain different names in each passport. While we cannot comment on the intent of the GFA, it does not set out how HMPO should administer passports and in the absence of this, we cannot say HMPO’s policy is unfair in the way Mr A believes it to be.
16. Our Principles of Good Administration say: ‘1. Getting it right • Acting in accordance with the law and with regard for the rights of those concerned.
• Acting in accordance with the public body’s policy and guidance (published or internal).
• Taking proper account of established good practice.
• Providing effective services, using appropriately trained and competent staff.
• Taking reasonable decisions, based on all relevant considerations’.
17. There is nothing to indicate the policy was unfair or led to any maladministration. We are satisfied that HMPO followed its policy appropriately. While we acknowledge Mr A disagrees with the policy, this is not evidence that it is not fit for purpose or that HMPO applied it incorrectly