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Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Ireland was better than Operation Sophia because we saved 17,000 lives when we were operating bilaterally with our own ship. When we joined Operation Sophia that figure was reduced but there was still search and rescue carried out. All of this relates to a European directive so it is not us on our own. It is exactly as was said on the question of prosecutions and of a chilling effect. All...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Can I-----

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: It was my oversight. I forgot that I had not proposed in this instance.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 8: 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 6, 7or 14where the person engaged in conduct alleged to constitute an offence under section 6, 7or 14— (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: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 9: 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 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...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 10: In page 11, between lines 6 and 7, to insert the following: “Protection from prosecution 9.Where a person can demonstrate to a level of reasonable satisfaction that they have engaged in conduct alleged to constitute an offence under section 6or 7for humanitarian purposes, that person shall not be liable for prosecution for said conduct.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 11: In page 11, to delete lines 8 to 11 and substitute the following: “9.(1) It shall not be an offence under sections 6, 7or 8where a person engaged in behaviour alleged to constitute an offence under those sections—”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 12: In page 11, after line 40, to insert the following: “Protection of smuggled persons from prosecution 11.A person who has been the object of people smuggling and derives no financial benefit from people smuggling shall not be liable for prosecution under any provision of this Act.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I feel terrible because we did not get to tease out some really important points on the last amendment. This amendment again relates to the protection of smuggled persons. These two issues are constantly entwined because we are coming to the protection of the humanitarian worker and the protection of the smuggled person. The purpose is to ensure that we do not have wrongful prosecution - a...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Some tightening may be needed here because there is vulnerability. As I said, the impact is not simply on the person who might face prosecution but on his or her whole family unit, and that is what needs to be protected here. Again, as my colleague articulated it very clearly, the rationale originally for having the criteria of for profit or for financial benefit was because the original...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 13: In page 11, after line 40, to insert the following: "Protection of smuggled persons from prosecution 11. A person who has been the object of people smuggling and derives no financial benefit from people smuggling shall not be considered to have committed an offence under any provision of this Act.".

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 14: 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...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 15: 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 number of prosecutions not pursued due to a humanitarian defence, (b) the number of prosecutions pursued where a...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 16: In page 11, after line 40, to insert the following: "Report on training 11.The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining— (a) the training provided to frontline staff involved in the identification of smuggled persons, (b) measures which may be taken to improve such training...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Amendments Nos. 16 and 17 relate to training. My colleague, Senator Ruane, is the person who first highlighted this issue on Committee Stage. A lot of the rationale for this legislation being brought forward is the perception that Ireland has been rated as tier 2, so less than best practice levels, in terms of our reports on how we are doing with identifying trafficking, and dealing with...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: The review the Minister of State has mentioned may be an opportunity for engagement on these issues. This is something that needs to be looked at. As my colleague outlined, we know that things are not working as they should at the moment. I look forward to engaging with the Minister of State on that review. The training component is pressing, as we know, and we need that, regardless of...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 17: In page 11, after line 40, to insert the following: “Report on identification of smuggled persons 11. The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas setting out proposals to strengthen the identification of smuggled persons and the potential for human rights experts from non-governmental...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 18: In page 11, after line 40, to insert the following: “Review of operation of Act 11. The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas reviewing the operation of this Act, with such a review to include— (a) outcomes for smuggled persons, including the number of smuggled persons...

Joint Oireachtas Committee on Disability Matters: From Accessibility to Universal Design: Discussion (14 Oct 2021)

Alice-Mary Higgins: I thank our guests. I was interested in some of the questions put by Deputy Hourigan, which were key and went to the core of the issue. We must recognise that not only have we not progressed as we should have in terms of universal design and standards, but there is active pressure to roll back on standards. We need to be clear about that and I hope we, as a committee, can be strong in...

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