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Seanad: Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee and Remaining Stages (10 Sep 2020)

Alice-Mary Higgins: No. I will be withdrawing the amendment.

Seanad: Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee and Remaining Stages (10 Sep 2020)

Alice-Mary Higgins: I move amendment No. 6: In page 14, line 34, after “such date” to insert “, which must not be later than the 9th day of November 2021”. Amendment No. 6 relates to the question of a sunset clause. While it has been said that a sunset clause is provided for in the Bill, it is currently stated in section 17(3) that: "This Act shall continue in operation until the...

Seanad: Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee and Remaining Stages (10 Sep 2020)

Alice-Mary Higgins: The Minister has mentioned the resolution that will be in place but it is the detail of the resolution and the constraints around it that my amendment seeks to address. I am not opposing the fact of the resolution and I recognise the reason for the date and the fact that the date is aligned with the other provisions. I am trying to set a clear signal as to how far these emergency powers can...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Second Stage (23 Sep 2020)

Alice-Mary Higgins: I congratulate the Leas-Chathaoirleach on his new role. Having worked with him at the Council of Europe, I know he will bring great gravitas and thought to it. I welcome the Minister of State to the Seanad, a space where she has been before. However, I have to join with everybody to say it is unfortunate that in the first meeting we have here, the Minister of State is contributing to a...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Second Stage (23 Sep 2020)

Alice-Mary Higgins: -----because not all trees do the same thing. I will table nine amendments to that section. I urge the Minister of State to accept one of them or to produce one of her own. I ask her please to consider her own forestry plan.

Seanad: School Transport, Leaving Certificate 2020 and Reopening of Schools: Statements (24 Sep 2020)

Alice-Mary Higgins: I thank the Acting Chairman. I warmly welcome the Minister to the House and it is also my first chance to congratulate him on his role. Like others, I want to open by giving credit and paying tribute to all of those teachers, principals and parents who have been working extraordinarily hard over months to try to prepare for reopening schools in difficult circumstances and in going above and...

Seanad: An tOrd Gnó - Order of Business (25 Sep 2020)

Alice-Mary Higgins: I join in commending Emma DeSouza and her husband, following on from what Senator Ó Donnghaile stated, and urge that we would look at how we can practically support them for the great service they have done in respect of citizens' rights. I also request that we might have a debate on the budget prior to it rather than simply afterwards, as I am sure many across this House of all parties...

Seanad: An tOrd Gnó - Order of Business (25 Sep 2020)

Alice-Mary Higgins: I thank the Deputy Leader for her remarks and hope we can work on these issues into the future. The amendment is being pressed.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I am happy to withdraw amendment No. 2 in favour of amendment No. 1 tabled by Senators Norris and Craughwell because it more clearly achieves the same goal, which is ensuring that the information given to the Minister is made available to the public. It might be useful that when the Minister of State indicates her position on amendment No. 1 she also indicates what the mechanisms of response...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: No Senator made such a comment in the House.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: In light of the acceptance of amendment No. 1, I will withdraw amendment No. 2.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Amendments Nos. 7 and 8, which address a similar theme, have been ruled out of order, but much of what they sought is covered by amendments Nos. 3 and 5. I am glad the Minister of State accepted amendment No. 1. I hope that, throughout the debate, she will be able to accept other amendments that progress the Bill. The amendments tabled on this section are such amendments. Members spoke...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: It is extremely relevant. One of the expertises sought in this group of amendments is expertise in environmental legislation. Both European and national courts have found that Ireland was not compatible in its licensing processes. That was admitted in the Oireachtas by the former Minister for Agriculture, Food and the Marine, Deputy Calleary. He said that the EU had required Ireland to...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I accept the ruling on amendments Nos. 6 and 7. I am curious about amendment No. 8. Why is this amendment in conflict with the principles of the Bill? This amendment states that this Bill would be in force for 12 months. We have heard that this Bill has been introduced in the context of there being an emergency that needs to be addressed. My amendment would simply put a sunset clause on...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Excuse me, but the principle of the Bill is the issue as just described by An Cathaoirleach, which is one of timing and of a current backlog.My amendment refers to a period of 12 months. It sets out, as my opinion, what should be the period of time in which to address that backlog and, with respect, is clearly within the subject matter of the Bill. It is not simply a matter of opinion. It...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I do not believe that is the case.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Amendments Nos. 11 to 18, inclusive, are being taken together. All of them relate to timing. With regard to access to justice and people's rights, under the Aarhus Convention and other instruments, it is important that nothing effectively obstruct participation in an appeals process. The proposal of 60 days is reasonable. Forty-two days at least goes beyond a single month in terms of...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I wish to clarify something with the Minister of State. I asked her a very specific question. Senator Casey suggested the Minister of State would have the capacity to extend the period from 28 days in certain circumstances, and it was pointed out that for planning, the period was extended. As such I would like to check this because as I read the Bill, the Minister of State is precluded...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I wanted to ask if the Minister of State could clarify that. I thank Senator Casey, however.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: A number of these amendments would certainly allow the Minister to have that discretion, whereas the Bill currently says the period shall not be more than 28 days, which may in fact narrow the Minister of State's discretionary powers. I suggest amendment No. 16, amendment No. 18 or any one of these amendments that the Minster of State might accept would deal with that concern. It would...

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