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Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: When answering the next Senator, perhaps the witnesses could respond to the question about history and ethnicity and also comment on philosophy in the schools. I would be remiss if I did not mention that because I am pushing for that as well.

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: As there are so many questions, I ask that we get a follow-up response in writing on some of these matters. There are issues around the history curriculum and intersection with regard to how ethnic minority women are portrayed and represented. I mentioned philosophy in school, female thinkers and how to engage and discuss. One of the witnesses referred to the international aspect. That is...

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: It is useful and clarifying but I am still a little concerned. In some of the conventions relating to the Constitution there are a lot of exemptions even in equality legislation in respect of education. The Constitution has changed and now also includes the rights of the child. There may be scope for re-examining the basic rights of a child in respect of well-being, safety and health,...

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: I thank Professor O'Hagan for her attendance. A number of years ago, I had a chance to travel to Glasgow and look at some of the work being done by EBAG, and others. It has been a really important initiative. The example she gave was really useful. One of the issues we are looking at in the committee is the different kinds of families and how they are treated. It captures that question...

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: To be very clear, these things are all really important. It is just a matter of how we provide the momentum such that they can build on one another.

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: I just wanted to be clear.

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (14 Jul 2022)

Alice-Mary Higgins: It would be great to get a copy of that. An example of those templates would also be very interesting. I have a question on the local authorities, which is an area that was identified and relates to this. The question relates to how the public duty on equality, which we have had in Ireland since 2015, and equality budgeting tend to intersect. Is it the public duty helping to drive the...

Seanad: An tOrd Gnó - Order of Business (13 Jul 2022)

Alice-Mary Higgins: I join in the expressions of thanks to staff. I acknowledge the incredible work that people do and have done, especially as business intensifies. I thank all of the staff of the Seanad Office. I thank the staff of the Bills Office who I know must work overtime. I do not believe they should have to work so late because we should not rush legislation through in the way that we do. I...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: I will be very brief because Senator Ruane has outlined our concerns in this regard. There are specific amendments and specific approaches outlined but although we make suggestions for specific definitions, the crucial question is one of there being a definition. In an ideal scenario the Government would bring its own definition and make it clear in legislation. In its absence I urge that...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: I accept the Minister's point in terms of emergency legislation in general. That is why we endeavour to have clarity. It is emergency legislation, but emergency legislation that is responding to that lack of clarity. That is why we were seeking to be constructive in trying to nail down that clarity. I accept the point in terms of case law. It is important for the Minister to give that...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: While we acknowledge the case for the previous amendments was really strongly made, I still have concerns. I am thinking of amendment No. 4 in particular. It was asked what would happen if the Minister did not make regulations. That would be an issue for the Government, including the Minister, in that it would have failed to make them, but the point is that we are being asked to give the...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: Geolocation or GPS?

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: While it is useful to reference the principal Act in respect of amendment No. 11, in terms of a "revenue offence", I feel quite strongly about amendment No. 8 and, indeed, the principles in amendments Nos. 9 and 10. An offence as constituted in that section is potentially extremely wide. We do not want a situation where there is a suspicion that a minor offence will become a justification...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: Are we not on amendments Nos. 8 to 11?

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: I apologise. I will come to them in a moment.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: I accept the argument that there is a clarification to a degree on what constitutes a “revenue offence” in other legislation. However, in terms of the powers of An Garda Síochána in this section, I think that including the word "serious" as a parameter when describing an offence is an important safeguard in accessing data. I would not want a situation whereby a very...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: There is a disjoint. I understand that the Minister is addressing the court ruling, but we are also addressing what we believe to be good and best practice. I still have concerns in respect of this issue. I am especially concerned in the context of surveillance in the State, as was mentioned. There have previously been some very bad ideas floated in terms of what might be done in that...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: It is important to be clear that our amendment specifically states that we want to add the word "serious". Our amendments are not in respect of whether serious offences would be a basis. Our amendment specifies that it would be "serious" offences. I note that the word "criminal" is not referenced in the Bill but the term "an offence" is. So we think that "a serious" offence is a...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: I share the same concerns as my colleague. We have raised our concerns when discussing other matters like the use of CCTV cameras. It is that idea of "preventing, detecting, investigating or prosecuting offences". We have tabled two amendments regarding "preventing". Perhaps the Minister might clarify what is meant by "detecting". Amendment No. 9 seeks to delete the word...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Alice-Mary Higgins: We have not sought to remove the phrases pertaining to investigating or prosecuting offences. Where an offence is being investigated, of course it is appropriate that the data can be accessed. What we have addressed is the question of prevention and detection. It needs to be seen alongside the wide definition of "offences" that is given here. The Irish Human Rights and Equality Commission...

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