Results 3,041-3,060 of 8,212 for speaker:Alice-Mary Higgins

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

Alice-Mary Higgins: I move amendment No. 13: In page 4, lines 38 and 39, to delete “beginning on the date of the decision” and substitute “from the notification of the decision”. It is at the discretion of the Cathaoirleach to determine if the House has, in fact, accepted an amendment. It is the prerogative and right of Government, if it disagrees, to call a vote. It is not...

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

Alice-Mary Higgins: I move amendment No. 17: In page 5, to delete lines 1 to 6 and substitute the following: “(b) The measures in paragraph (a) may not take effect before the completion of an online portal referenced in section 14E(1)(l). (c) The Minister may, having regard to the public interest and fairness of procedures, prescribe a period which is longer than the period specified in paragraph...

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

Alice-Mary Higgins: I move amendment No. 18: In page 5, lines 1 to 6, to delete all words from and including “in” in line 1 down to and including “(a).” in line 6 and substitute the following: “, prescribe a period which shall not be less than 28 days to be a period longer than referred to in paragraph (a), within which an appeal may be brought under that paragraph (a).”.

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

Alice-Mary Higgins: I will be brief. I just want to add to the concerns expressed. There is a need for recourse, and that is why we all responded regarding the references to the High Court. There are concerns, however, about the deletion of those sections and that is why there are attempts to copper-fasten those in the Bill. In addition, from engagement with the Department of the Minister of State, when I...

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

Alice-Mary Higgins: What is the rationale for this? When the Agricultural Appeals Bill was being drafted, it was felt that it was appropriate to reference other legal and judicial remedies. Judicial review was also referenced when the statutory instrument was being drafted in 2017. What is the rationale in breaking with that by not referencing those processes and legal remedies in this legislation? It is a...

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

Alice-Mary Higgins: Why does the text not reference the High Court and judicial review?

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

Alice-Mary Higgins: Why not include it in the text? The Agricultural Appeals Bill existed when the statutory instrument setting out the forestry appeals committee's initial terms and functions was drawn up in 2017. At that time, even though the forestry appeals committee existed, it was considered appropriate to refer to judicial review processes. As we understand it, the statutory instrument will no longer...

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

Alice-Mary Higgins: I am happy to speak after the Minister of State has spoken.

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

Alice-Mary Higgins: As the Minister of State said, these amendments concern the issue of fairness and ensuring there is appropriate participation. I will go briefly through some of the categories of these amendments. Amendment No. 22 concerns the fairness of procedure and the provision of wide access. She has recognised that this should be one of the principles. This emerges from the context, as do several...

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

Alice-Mary Higgins: I believe I will be providing a positive service when I ask for clarification. I recognise that there is not an exclusion in the Bill, but is there a point where there is an explicit inclusion per se? This is not about future legislation but relates specifically to section 14B(2) proposed to be inserted by the Bill. That subsection reads: The Forestry Appeals Committee may make such...

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

Alice-Mary Higgins: Okay.

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

Alice-Mary Higgins: I thank the Minister of State.

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

Alice-Mary Higgins: I move amendment No. 23: In page 5, to delete lines 21 to 23.

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

Alice-Mary Higgins: I move amendment No. 24: In page 5, line 22, to delete "as it considers appropriate" and substitute "as are appropriate".

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

Alice-Mary Higgins: I move amendment No. 25: In page 5, line 23, after "Committee." to insert the following: "Any such rules have to be consistent with providing for fairness of procedures and in providing wide access to the review mechanism of the Forestry Appeals Committee.".

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

Alice-Mary Higgins: I move amendment No. 26: In page 5, line 23, after “Committee.” to insert the following: “Such rules may not set limits to the rights of persons or categories of persons or entities to make an appeal.”.

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

Alice-Mary Higgins: I move amendment No. 28: In page 5, between lines 23 and 24, to insert the following: “(2A) Rules made by the Forestry Appeals Committee under subsection (2) may not include any measures which exclude a person or category of person from making an appeal.”.

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

Alice-Mary Higgins: I move amendment No. 30: In page 5, line 26, after “appeal.” to insert the following: “Such direction may not set limits to the rights of all persons or categories of persons to make an appeal nor create obstacles to the vindication of those rights.”.

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

Alice-Mary Higgins: I move amendment No. 31: In page 5, line 26, after “appeal.” to insert the following: “Such direction may not set limits to the rights of all persons or categories of persons to make an appeal.”.

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

Alice-Mary Higgins: I move amendment No. 32: In page 5, line 30, after “grounds.” to insert the following: “An appellant shall be allowed to furnish additional information to an appeal where the provision of that information has been compromised by delays in the processing of requests made under Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on...