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Joint Oireachtas Committee on Climate Action: General Scheme of the Circular Economy Bill 2021: Discussion (Resumed) (14 Oct 2021)

Alice-Mary Higgins: I thank the witnesses for their engagement with the committee. On procurement, one of the first things we need to get right is the requirement to include quality criteria. Both price and quality must be considered, rather than the approach of only going after the lowest price as the first choice. I must express an interest in this regard in that I have brought forward legislation pushing...

Seanad: Budget 2022: Statements (Resumed) (13 Oct 2021)

Alice-Mary Higgins: I thank Senator Lombard. People have used the phrase "missed opportunity" a lot to describe this budget. It seems like a cliché, but it is true. This was an unusual budget and we had an unusual opportunity. This was the budget in which the fiscal rules and constraints that have often blocked us from long-term thinking and investment were suspended. As Senator Ardagh said, this was...

Seanad: Budget 2022: Statements (Resumed) (13 Oct 2021)

Alice-Mary Higgins: It was welcomed but they went on to say we need €85 million in investment.

Seanad: Budget 2022: Statements (Resumed) (13 Oct 2021)

Alice-Mary Higgins: An €85 million investment is particularly needed in the light of the Covid crisis, whenThe Lancethas said mental health issues and anxiety disorders are at the highest level they have ever been globally. I welcome the proposals for budgetary reform but I note gender and equality proofing of budgets was a reform we were promised six years ago. The system was being piloted over two or...

Seanad: Peat Harvesting: Statements (13 Oct 2021)

Alice-Mary Higgins: I will begin by setting out the context in terms of the facts as to where we are, namely, in a climate emergency on a planet that is in a dire situation due to the impact of emissions. Yesterday, in the budget, it was again acknowledged that the science is uncompromising and that the world is burning. In that context, peatlands are the largest natural terrestrial carbon store that we...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: I apologise for having been in the Seanad for a short time during the meeting. I would first like to get the witnesses' perspective on two concerns I have about the lobbying aspect, and then ask them whether they feel this proposed legislation will address them or could it be strengthened in that regard. My first concern arises from a scenario involving lobbying in the context of the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: It is a nuance that may need to be addressed. Where persons are presenting themselves and lobbying, it is important to know on behalf of whom they are lobbying. Mr. Devitt touched on another concern I have, which is to ensure we avoid unforeseen consequences in this regard. All present want the strengthening of lobbying regulation but I refer to the issue of interest-based lobbying, that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: My apologies. I was in the Seanad Chamber while Deputy O'Callaghan was asking his questions.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: I agree with regard to transparency. I was referring to the issue of the cooling-off period. I thank Professor Murphy.

Seanad: Budget 2022: Statements (12 Oct 2021)

Alice-Mary Higgins: In discussing the budget, I will look at more than the question of what and how much we are spending. The problem is that we have missed the opportunity in this budget to spend better. The fiscal rules have been suspended for years and we are allowed to do things for the long-term benefit of the State. The balancing of the books is no longer a constraint because the fiscal rules have been...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I will speak briefly. Later, we will discuss amendments dealing with how humanitarian assistance is treated under legislation. The definition that we have proposed is based on the European Parliament's report. It relates to fundamental rights and, in the wider sense, human rights. We have gone with a definition that has been used and that has strong agreement, but the core of our argument...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I will be brief because we will come to the points the Minister of State was making later regarding the adequacy of a defence approach. We will have an opportunity to go back and forth on that. I do not agree that a defence versus an exemption is an adequate approach or, indeed, an approach of leadership when, as we have heard, seven countries have given a full exemption. We will have an...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I support the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: As Senator Ruane outlined, we are aware of these existing but the core is that the functions under this Act are carried out. We have had a litany of cases. Many parts of the Bill, for example, relate to Irish ships and to ships in the Mediterranean Sea.We have had situations of serious concern, with breaches of human rights in interventions in the Mediterranean. I know that Belarus is not...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: On Senator Ward's points, we have tried to address that in our phrasing. We did not say that the State shall perform its functions in a manner consistent with this. We are conscious that the State is already obliged to do that. We are really looking for an extra level of the State ensuring the operation of these functions, especially since there are sections of this legislation where power...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: On Second Stage the Minister of State spoke of why the specific language on "for material benefit" had been removed. I suggest there is always balance. The danger presented by removing that caveat that it is for financial and material benefit is greater than the benefit outlined. It is a danger in creating a chilling effect on humanitarian action, human rights, search and rescue and ships....

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I have a few points to make. As a legislator, I do not and cannot rely on prosecutorial power. I believe in the separation of powers. Therefore, we need to take our powers seriously and I would not abdicate our responsibilities to ensure the best possible quality of legislation be deferred, in the hope of prosecutorial discretion. I am also aware that circumstances change. We would not...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I am sorry to keep pressing on this. As the Minister of State said, the decision has been not to prosecute. Of course, we want the DPP to be able to do its work. We try to produce good laws so that it can do that. However, the fact is that we are not being given an evidence base that it cannot secure prosecutions. Even if we decide to give the DPP the benefit of the doubt, and listen to...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I move amendment No. 6: In page 10, line 1, to delete “or has reasonable cause to believe”. I will not spend long on this amendment, but I am concerned with the interpretation here. Section 8(1)(b) refers to a person who "knows or has reasonable cause to believe that such entry into, transit across or presence in the State is in breach of a specified provision". What was...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: To clarify, this section does apply to rescue ships and it does apply to anybody doing any of those actions, and it does not only apply because we have chosen not to put in an exemption. In fact, this applies to everybody, and then they may have a defence. That is the problem. We will come across this in many places, whereby it applies to everybody and then they may have a defence. That...

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