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Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: No, let us go through it. If the Government is proposing this-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: No. To be very clear, the Office of the Parliamentary Counsel to the Government is not proposing legislation.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: If a Department is proposing legislation in terms of a statutory instrument, then the key issue, the gap and the space where this committee was designed to sit - a space now being encroached upon by what I believe is this overreach in terms of the advice from the Attorney General - relates to the process between a proposed statutory instrument and a new statutory instrument that is law. The...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: Excuse me. To be very clear, this is exactly what we are being told.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: We are being told that any copy until-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: ----the regulations have been made by the Minister will be subject to legal professional privilege.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: Effectively, it is being stated that the version of the statutory instrument that is about to be signed by the Minister is privileged until it has already been made and becomes law. An Act becomes law and a statutory instrument is law.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: A proposed statutory instrument is the point at which we, as a committee, should be in a position to carry out parliamentary scrutiny. This is the piece that matters, namely where something as solid as a Bill is ultimately proposed by a Department. It might be stated that the Office of Parliamentary Counsel put together that draft of the Bill and that the intention was to get the relevant...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: No. It is equivalent to saying-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: -----that if 50% of the Bills published become Acts without any parliamentary input on the text of those Bills -----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: I will let them in, but this is a crucial piece. It is the definition, effectively, of failing to have laws scrutinised. As an example, in the context of the corporate sustainability reporting directive, we were told there was a list of stakeholders who were regularly updated by email during that process. The parliamentary community, however, was not.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: I will clarify something. It was the instruction that we were to be-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Alice-Mary Higgins: And I believe that was the instruction. I just wanted to clarify that.

Seanad: Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Jul 2024)

Alice-Mary Higgins: There are many points I wanted to make on this Bill but, given that it is very important that we get to vote against this highly problematic addition to legislation, I will keep them very brief. Others have gone through the many problems with how this is supposed to operate in great detail. These problems range from the fact that people may be sent a message on a website to the highly...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill: Department of Finance (18 Sep 2024)

Alice-Mary Higgins: If we are getting follow-up information, it would be useful to know for how long there has been planning permission in respect of the 3,500 units. It is not just a case of how many are social and affordable but also how long the planning permission has been in existence. This is a concern when things are dealt with as assets rather than priorities for building. We know that lots of...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill: Department of Finance (18 Sep 2024)

Alice-Mary Higgins: Sure. We can get the detail in writing. I will work backwards, almost, through some of the points my colleagues have made. As regards the purposes of NAMA, Deputy Doherty was quite right in how he phrased his contribution, and they are in the legislation. Right below the line about "dealing expeditiously", which has been quoted extensively, is paragraph (c), which states that one of the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill: Department of Finance (18 Sep 2024)

Alice-Mary Higgins: "In the interests of the State" as well, which is key-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill: Department of Finance (18 Sep 2024)

Alice-Mary Higgins: Mr. Carville sees those as competing.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill: Department of Finance (18 Sep 2024)

Alice-Mary Higgins: Would the goal not be to try to ensure they are reconciled, that you-----

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