Results 21-40 of 8,419 for speaker:Alice-Mary Higgins

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: Services.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The relevant Union legal Act is downstream. It is just a matter of whether there are regulations on how the EU might apply it. In terms of the right of a state to act, the public policy is the ground. That is the slim legal ground on which the Department is leaning on, is it not? It is the public policy principle.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The public policy principle, which has been found to apply to goods and services by the European Court of Justice, is the same principle the Department is planning to lean on in this legislation. Is this not the case?

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: There is the treaty, the European Court of Justice precedent, and the question of whether there is already a regulation for how we might apply it. With regard to the legal principle, which is the core, it has been shown by the European Court of Justice that the public policy principle applies in relation to goods and services. Is this not the case?

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The Rosneft case.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: In the context of what those professors said, is there a reason there is not a case, if this were to be tested, as Mr. Smyth said, and perhaps challenged?

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: They are also derogations. Public policy is the key derogation that allows states to act differently from the competency sitting within the Commission.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: If a case were taken, would the legislation not still stand? If we included goods and services and a case were taken, and eminent lawyers are saying they believe we would win that case, the consequence would simply be we would be given a period of time in which to amend and then apply legislation.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The law would not fall, however. There would just be a period of time in which, if our legislation were found to have overreached, perhaps by the ECJ, which seems-----

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The language used indicates that the State would be given the opportunity to repeal or amend the relevant part of the Act to comply with the decision. That is provided for under section 3 of the European Communities Act 1972. Is that not the case? It would not be the end of the world.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: We have something that is not necessarily determined legally, we have a principle that includes goods and services in terms of EU law and we have cases where it has been clear that it so applies. That is the principle this legislation is based on. The key difference, as I understand it from what Mr. Smyth said, is an EU regulation is already in place for how that goods piece might be...

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed) (1 Jul 2025)

Alice-Mary Higgins: Like others, I thank the witnesses. I want to pick up on a couple of the points that have come in. The first one is an apples and oranges scenario as the issue is mixed up a little bit. On Deputy Smith's point, the key point is that it is not a question of whether a General Assembly resolution is binding. The question is whether a General Assembly resolution allows us, in terms of our...

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The key point is the public policy principle and what it applies to. Mr. Smyth is aware of Professor Tridimas and anarchists who have been very clear that public policy provides a derogation not only from the free movement of goods, but also from the freedom to provide services. They take the view that the prohibition on settlement services is justified by reasons of public policy. Do...

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: The derogation is based on public policy though. That is the key point.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: That extension has been in the interpretation of the ECJ.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: Could we have a note on those legal points that were only made verbally? For those of us who did not get in for a second round of questions, perhaps we could submit follow-up questions through the clerk. if that was possible.

Joint Oireachtas Committee on Foreign Affairs and Trade: General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025 (1 Jul 2025)

Alice-Mary Higgins: It is the little things like the customs stuff that we did not really get to tease out. Maybe we could submit written questions and the witnesses might answer them if they can.

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025 : Discussion (Resumed) (26 Jun 2025)

Alice-Mary Higgins: Mr. Murphy has acknowledged that a force can be authorised on the basis of a resolution of the General Assembly under the 2006 Act, although he has said these would not be blue hat missions. However, the additional missions that might take place should this legislation remove the triple lock would not be blue hat missions either. Missions can be authorised through the General Assembly...

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025 : Discussion (Resumed) (26 Jun 2025)

Alice-Mary Higgins: The definition under the 2006 Act does say "or the General Assembly of the United Nations". It is an "or" not an "and".

Committee on Defence and National Security: General Scheme of the Defence (Amendment) Bill 2025 : Discussion (Resumed) (26 Jun 2025)

Alice-Mary Higgins: It is a possibility, however.