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Seanad: An tOrd Gnó - Order of Business (26 Oct 2022)

Alice-Mary Higgins: I may not oppose the Order of Business, but I will oppose the motion in relation to Thursday which is to be taken separately.

Seanad: Social Welfare (Surviving Cohabitant’s Pension) Bill 2021: Second Stage (26 Oct 2022)

Alice-Mary Higgins: I am happy to come in. This is an issue I feel strongly about. We have raised and discussed it at the Joint Committee on Gender Equality, which the Minister has mentioned. It would be regrettable if the committee, which is in place to expedite and press for action and monitor what actions are happening in respect of the many recommendations of the citizens' assembly, was in some way used...

Seanad: Social Welfare (Surviving Cohabitant’s Pension) Bill 2021: Second Stage (26 Oct 2022)

Alice-Mary Higgins: Hear, hear.

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

Alice-Mary Higgins: The question is not the suitability of the Attorney General as part of the process. The question is where he or she fits in the process and that danger and concern of him or her being involved twice in the process, as we heard in the debate. There is a role for the Attorney General in the second part of the process where nominations have been suggested but not made, with the names of...

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

Alice-Mary Higgins: I understand the Government is not accepting any of my amendments to this section.

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

Alice-Mary Higgins: Then I am not going to press amendment No. 4. Amendment No. 6 is consequential on this and it might miraculously pass.

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

Alice-Mary Higgins: I move amendment No. 6: In page 10, to delete line 32.

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

Alice-Mary Higgins: Amendment No. 9 is in this grouping. It also makes it clear that one of the laypersons appointed should be nominated by the Irish Human Rights and Equality Commission. This is fundamental. It was fundamental in the understanding we had during pre-legislative scrutiny. It was in the original heads of the Bill. When I do pre-legislative scrutiny I look to make sure that all of the relevant...

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

Alice-Mary Higgins: It is not that there are a lot of bodies and that it would be nice to have them represented. This is quite different. Yes, there are lots of different interest groups and expert groups, but we have outlined the fact, that, with respect, has not been addressed, that the public duty and equality and human rights are a statutory obligation. The Irish Human Rights and Equality Commission is...

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

Alice-Mary Higgins: I move amendment No. 9: In page 10, line 33, after “13” to insert “of whom one shall be nominated for appointment by the Irish Human Rights and Equality Commission”. I will withdraw the amendment and bring it back on Report Stage, when I will call "Vótáil" on it. I hope the Minister will reconsider the matter in the meantime.

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

Alice-Mary Higgins: I move amendment No. 11: In page 11, to delete lines 5 and 6.

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

Alice-Mary Higgins: I move amendment No. 12: 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, High Court, Circuit Court or District Court.”.

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...

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