Judith Schembri asks:

I have a question which no one seems to be able to answer correctly. I am reverting to you since this must be a regularly-asked question to your goodself.

Can I use my ID card rather than the passport when I travel to the UK or to any other EU country?

I just returned from the UK and they only checked the identity but did not stamp anything as they used to do in the past or as had happened when I went to Tunisia two years ago.

A friend of mine is about to go to Italy and he said the ID card is sufficient for travel purposes instead of the passport. Can you please clarify?

This is indeed a frequently-asked question to which the answer is clear: It is sufficient to produce an identity card as a travelling document when travelling within the European Union.

It is true there have been frequent cases where Maltese citizens presenting their ID card at EU airports have been asked for their passport. But this should not be so because our ID card can be used as a valid travel document.

I fail to understand why immigration points in all EU airports should not be adequately trained and prepared to handle all travel documents held by EU citizens. This seems to me to be a basic training requirement. But as these cases are the exception and not the rule, I am more inclined to put them down to individual officers just wanting to be difficult. Indeed, I have never heard of someone actually being turned back simply because s/he produced an ID card instead of a passport.

I therefore invite readers who are asked for their passport by immigration officers to stand up for their rights. Your ID card is enough.

Needless to say I have raised this issue with the European Commission on a number of occasions.

In his most recent reply to one of my parliamentary questions on this subject, EU Commissioner Franco Frattini reiterated in no uncertan terms that - and I quote - "the Commission would like to recall that member states must grant entry to their territory to EU citizens who present a valid identity card".

He added that the Commission informed member states in August 2005 that a national legislation or administrative practice of not accepting identity cards for entry is contrary to Community law. In that letter, the Commission requested member states to ensure that their national legislation and practice, including carriers' liability rules, are in line with Community law.

When I pressed him on what measures the Commission takes to ensure these rights are truly respected in EU airports, Mr Frattini said the Commission services intervene with the member states even in individual cases of refusal of an identity card. The Commission is also monitoring compliance of national legislation or administrative practice with EU law on the right of citizens of the Union and their family members to move and reside freely within the territory of member states.

So we should stand up for our rights and when faced with this situation we should complain to the Commission that should see to it that our rights are respected. I would be happy to support readers who wish to do so.

Let me now clarify a couple of other points that emerge from the question posed by the reader.

First of all, the use of an ID card is restricted to the EU territory. When travelling outside the EU, passengers must be careful to carry with them their passport. This includes countries such as Tunisia, where a passport is required. Note also that some non-EU countries also require a visa.

Secondly, the ID card may not necessarily be used as a travel document by foreigners residing in Malta. This means they may still require their passport for travelling purposes. I am informed that their Maltese ID card clearly indicates that it is not to be used as a travel document. This appears to apply both for non-EU as well as EU citizens residing in Malta, although I have doubts on why this should be so in the latter case.

Finally, and most importantly, the use of travel documents, whether an ID card or a passport, will become even less necessary when, in a year's time, we join the Schengen zone. At that point, immigration controls between Malta and some other 20 or so EU countries (but not the UK) will be removed altogether.

Readers who would like to ask questions to be answered in this column can send an e-mail, identifying themselves, to contact@simonbusuttil.eu or via www.simonbusuttil.eu.