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Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: I move amendment No. 13: In page 11, between lines 6 and 7, to insert the following: “(4) The Attorney General shall not, as a member of the Commission, play a role in the selection or recommendation of persons for appointment to judicial office in the Supreme Court, Court of Appeal or High Court.”. I will withdraw the amendment. I reserve the right to bring it back...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: I move amendment No. 14: In page 11, after line 38, to insert the following: “(5) The Commission shall not appoint a person as a consultant or advisor where— (a) that person is a member of the Houses of the Oireachtas, or has been a member in the preceding 2 years, (b) that person has served as a Minister of the Government in the preceding 5 years, (c) that person has...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: For limited periods of time, just to clarify.

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: It is important to clarify that I never used the phrase “cross-contamination”. I talked about the separation of powers, which is quite different. I have huge respect for the work that we do in the Oireachtas and the political work the Government does. It is because of that respect and recognising that it is a separate role that it is important for it to be able to be done,...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: While I do not think there is an issue of confidence in relation to the Judiciary, there has been an issue of confidence and concern in relation to persons in senior roles in Government moving into other roles of influence. That is the concern. We have also had senior former members of Government telling us they are not answerable to the Standards In Public Office Commission, SIPO. In...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: I will speak to amendment No. 17. While I am in favour of clear measures on gender equality in general in legislation, and we have been waiting a very long time for incremental progress, there is a problem with the way in which section 12(6) is worded. That is the subsection Senator Ward is proposing to amend. It is possibly inadvertent but it addresses the fact that a number of...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: The Minister of State has not addressed the concern I highlighted. Under section 12(2), there is one nominee who is coming from the Supreme Court, the High Court or the Court of Appeal, and one who is coming from the Circuit Court or the District Court. One these is female and one is male. The danger in how the Bill is set out at the moment relates to what happens at the beginning. If it...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: I move amendment No. 18: In page 13, between lines 16 and 17, to insert the following: “(4) In developing such criteria under subsection (3), the Minister shall demonstrate regard to section 42 of the Irish Human Rights and Equality Commission Act 2014 and the United Nations Convention on the Rights of Disabled Persons.”. I urge the Minister of State to consider between...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: There are several issues and I reserve the right to table further amendments in this respect on Report Stage. Even the wording of section 13(4)(d) is weak. It refers to matters concerned with the importance of the protection of human rights and equality. There needs to be expertise and persons who can properly represent these issues. Simply stating somebody can say it is important is...

Seanad: Judicial Appointments Commission Bill 2022: Second Stage (Resumed) (25 Oct 2022)

Alice-Mary Higgins: I have tabled a number of amendments to section 13 which are in this grouping. I think the point in amendment No. 19 about the ranking is interesting. If it is construed as a ranking, then that becomes an issue, because having business and finance placed above the operation of the justice system seems strange if that is the case. I am concerned about the tension in subsection (4) with the...

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: The witnesses' testimonies and debate have been really powerful. On loss and damage, it is important that we do not have a situation in which we are choosing between supporting a loss and damage facility and leading the way. Will the witnesses confirm that by taking the lead, as Denmark has done in taking an individual position and recognising that historic responsibility and committing, we...

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: I will finish really quickly. I have just three really quick questions. On quantity, what does the timeline for doing our fair share on quantity need to look like? What of a fair share on mitigation? What do the next two to three years need to look like for Ireland to be credible about doing our fair share? I completely agree on fossil fuel non-proliferation. The Treaty on the...

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: I will address two or three issues, one of which relates to loss and damage. Perhaps Mr. McLoughlin could confirm that loss and damage is not in any sense aid. One of the issues of concern in terms of other aspects of our climate financing is that it is meant to be new and additional. However, Ireland has described doubling the share of official development assistance, ODA, that could be...

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: I will leave it at that.

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: I am concerned about the expansion of the treaty, but that is by the by and I am sure other members will pick up on that.

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: Briefly-----

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: -----because this is a tricky question, does Ireland support a loss and damage facility and the acknowledgement of historical responsibility for the reflection of that through financing?

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: I asked about "responsibility", in line with common and differentiated responsibility.

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: But it is not aid-----

Joint Oireachtas Committee on Climate Action: COP27: Discussion (25 Oct 2022)

Alice-Mary Higgins: Will Mr. McLoughlin confirm it is not aid? I would like to have that one sentence confirmed.

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