Results 4,181-4,200 of 8,482 for speaker:Alice-Mary Higgins

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

Alice-Mary Higgins: I move amendment No. 7: In page 10, between lines 18 and 19, to insert the following: “(5) Where a person engages in conduct described under subsection (4) in respect of a family member under 18, such conduct shall not constitute an offence.”. Amendments Nos. 7 to 9, inclusive, address the same issues. Amendments Nos. 7 and 8 do it in a wider way. Amendment No. 8 is...

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

Alice-Mary Higgins: It is really important to be clear this is not the humanitarian assistance space. There are two parties who are in jeopardy of wrongful prosecution, basically, and in some cases there is a chilling effect from this. They are those who are offering humanitarian assistance. I refer to those who can, for example, show they are employees of a human rights NGO etc., and who are using that as a...

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

Alice-Mary Higgins: We will withdraw it and look to engage and address this issue, which we all want addressed.

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

Alice-Mary Higgins: I move amendment No. 8: In page 10, between lines 18 and 19, to insert the following: (5) Where a person engages in conduct described under subsection (4)in respect of a family member, such conduct shall not constitute an offence.”. I will withdraw it, while reserving the right to reintroduce.

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

Alice-Mary Higgins: I move amendment No. 9: In page 10, between lines 18 and 19, to insert the following: “(5) The possession or control of a fraudulent travel or identity document with the intention that it shall be used for the purpose of assisting the entry into, transit across or presence in a designated state of another person, shall not be an offence in cases where the other person is a family...

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

Alice-Mary Higgins: These are the core points again. I am aware the decision was made to go with a certain approach in terms of a defence but I urge the Minister of State to strongly consider the point on the exemption and to consider the fact the exemption, as I stated earlier, is in fact a middle ground. We are already seeing a more robust set of laws that might be applied. An exemption for humanitarian...

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

Alice-Mary Higgins: I want to be very clear. I am not suggesting that we interfere in the DPP process. I am precisely pointing out that we cannot. That is why we do law. That is why we make and write laws, so that they can be interpreted. We absolutely have a political separation. It is important that we do and just as we have that, maybe we will not have a situation where you have countries where there is...

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

Alice-Mary Higgins: I move amendment No. 11: In page 11, between lines 6 and 7, to insert the following: "Protection from prosecution 9.A person shall not be prosecuted for an offence under section 6, 7or 8, where the person engaged in conduct alleged to constitute an offence under section 6, 7or 8— (a) in order to provide, in the course of his or her work on behalf of a bona fidehumanitarian...

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

Alice-Mary Higgins: I will withdraw it and reserve the right to raise it again on Report Stage.

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

Alice-Mary Higgins: I move amendment No. 12: In page 11, between lines 6 and 7, to insert the following: "Protection from prosecution 9.A person shall not be considered to have committed an offence under section 6or 7, where the person engaged in conduct alleged to constitute an offence under section 6or 7— (a) in order to provide, in the course of his or her work on behalf of a bona...

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

Alice-Mary Higgins: I will withdraw it. With the Leas-Chathaoirleach's permission, I want to point out that this amendment relates only to sections 6 and 7. The provision of a direct and clear exemption could relate to any one of sections 6, 7 or 8. In this amendment, I recognise that section 8 is a little more complicated than sections 6 and 7. I give notice that I intend to look at this matter further.

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

Alice-Mary Higgins: I move amendment No. 13: In page 11, between lines 21 and 22, to insert the following: "Protection of smuggled persons from prosecution 10.A person who has been the object of people smuggling shall not be considered to have committed an offence under any provision of this Act.". These amendments relate to the protection of persons who are the object of smuggling. I have tried in...

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

Alice-Mary Higgins: I will engage with the Minister of State around ensuring that we close this gap.

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

Alice-Mary Higgins: I move amendment No. 14: In page 11, between lines 21 and 22, to insert the following: “Protection of smuggled persons from prosecution 10.A person shall not become liable to criminal prosecution under this Act for the fact of having been the object of people smuggling.”.

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

Alice-Mary Higgins: I move amendment No. 15: In page 11, after line 40, to insert the following: “International protection in respect of smuggled persons 11.A person who has been the object of people smuggling and subsequently sought international protection may not be transferred or deported to either a state of origin or a state including protocol states and states which have entered into...

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

Alice-Mary Higgins: I recognise this is complex. I am not seeking to create a hierarchy of rights but I am concerned that we have sometimes built in assumptions as to what constitutes non-refoulement. That is really the core of it. That is why I am trying to tease this out. The matter is probably a little wider and relates to the Dublin Protocol. I might seek to engage with the Minister of State on that....

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

Alice-Mary Higgins: No, but I reserve the right to re-introduce it.

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

Alice-Mary Higgins: I move amendment No. 17: In page 11, after line 40, to insert the following: “Report on operation of the Act 11. The Minister shall, on an annual basis following the passing of this Act, lay a report before both Houses of the Oireachtas detailing— (a) the estimated number of victims of human trafficking identified under this Act, the methodology used to produce the...

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

Alice-Mary Higgins: I appreciate the Minister of State's engagement and I understand there is separate trafficking legislation. I thank the Minister of State for indicating he will look at the question of outcomes for smuggled persons. The international protection process is one piece but I think it would be appropriate, since we have specific legislation targeting smuggling, that we would be looking to what...

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

Alice-Mary Higgins: I move amendment No. 18: In page 11, after line 40, to insert the following: “Report on operation of the Act 11.The Minister shall, on an annual basis following the passing of this Act, lay a report before both Houses of the Oireachtas detailing- (a) the estimated number of victims of human trafficking identified under this Act, the methodology used to produce the estimate and...