Results 3,041-3,060 of 8,483 for speaker:Alice-Mary Higgins

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: I disagree. This provision does provide an incentive because the disincentive in the legislation is the requirement to seek substitute consent but that applies in any event. If I have a site I want to build on and I have built something on it for which I do not have permission, there is then the question of seeking substitute consent. What is very interesting is that this reveals the idea,...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: It is not a matter of what An Bord Pleanála would do. The issue is that a stage would be skipped. The question of the two issues being bundled is not one that I raised. The Minister raised the fact that having the two applications combined creates a different dynamic. It is not about each thing being considered on its merits. The fact is that a substitute consent application is...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: No. The only disadvantage the Minister has outlined is the disadvantage of having an unlawful application following which people need to apply to fix it retrospectively, which is a matter entirely within their control and is already subject to a substitute consent process. The additional hurdle of substitute consent is intrinsic to them. However, the new planning application provides them...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: As opposed to sequentially.

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: The like-with-like here is a sequential process where one seeks to substitute consent and then one seeks a planning permission versus a simultaneous process where one seeks substitute consent and a planning permission at the same time and effectively get to skip a stage in the process. I think it is a concern. I accept we disagree and because we disagree so fundamentally on it, it is very...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: I want to indicate that it is my intention on Report Stage to table amendments in respect of the section. I refer particularly to the issue around where a decision to impose a condition that arises is materially different in respect of the terms and conditions from a recommendation report of the person assigned to report on the application for permission on behalf of the board. That is a...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: The section allows for the area where the Minister might provide for regulations in such matters as procedure and administration. It would be useful to understand exactly what the problem is at the moment with the system we have. We already have a system for applying for substitute consent. Section 5 expands it and mainly seems to be an expansion to allow for simultaneous new applications....

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: Perhaps I should wait until section 12. This is one of the areas that will be coming to more sections later. We are deleting some of the powers that local authorities have at the moment in requiring an application for substitute consent. I am not sure if it is in this section or a later one. I want to indicate my indication to try to address the issue. Even if we wanted to this alternate...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: I will leave it at this point.

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: I move amendment No. 7: In page 8, line 4, after “shall” to insert “be subject to the criteria set out in section 177D(2) and”. The amendment seeks to add a new caveat to the definition of "exceptional circumstance" being inserted into section 177A of the principal Act. The caveat is that the exceptional circumstances should be subject to the criteria set out...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: I thank the Minister for some of the clarifications, particularly with regard to precedent, which is useful to have on the record. However, I continue to disagree regarding the question of incentivisation. The Minister outlined that there is a risk in applying for substitute consent and said that is the main caveat. The concern is that at the moment, a local authority can require a...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Committee Stage (31 May 2022)

Alice-Mary Higgins: I move amendment No. 8: In page 8, line 5, after "177K(1J)" to insert the following: "and shall also reflect the obligation to ensure that there is no creation of a precedent or incentivisation". I withdraw this amendment and reserve the right to introduce it on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I move amendment No. 187a: In page 85, between lines 6 and 7, to insert the following: “(fa) levels of risk of exposure to disinformation when using designated online services, and levels of risk of harm from such exposure,”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I move amendment No. 188: In page 85, line 24, after “time” where it secondly occurs to insert “and not less than once every three years”. I will speak to amendments Nos. 188 and 189. Amendment No. 188 proposes to amend section 139N(5), which currently provides that the commission will from time to time review the online safety code, by inserting the provision...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I accept the Minister, as a matter of principle, does not want to set any dates. My concern and hope is that we will have regular reviews. I may reserve the right to bring amendments that ensure the reverse will be the case, whereby if reviews are not happening, there will be a mechanism to ensure we do not have out-of-date codes in play for longer. I will withdraw the amendment and try to...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I move amendment No. 189: In page 85, line 25, after “makes” to insert “and shall make a report on the review available on its website”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I move amendment No. 190: In page 85, between lines 35 and 36, to insert the following: “(1A) In the case of a large online service provider, meaning those with more than 500,000 users in the State, the Commission shall require information on the provider’s compliance with all online safety codes, and this information shall be deposited with the Commission and the Minister...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I accept the Minister's point about "all online safety codes". It should, of course, only be the online safety codes relevant the provider in question. In that context, I will bring a revised amendment on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I will be brief again. These are excellent amendments. Senator Cassells is right. The reaction to the amendments is a sign that they are powerful amendments that would make a difference to the efficacy of the Bill. I remember being in America just before the first dotcom crash, at an event in Denver where there were people in cowboy hats telling people to ride the light on the first go of...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (31 May 2022)

Alice-Mary Higgins: I encourage the Minister to engage with Senator Byrne. The Minister mentioned the criminal sanction for refusal to comply with an order and that is where it kicks in. It comes back to the question of patterns, for example, if the same persons are in charge when there are multiple breaches, either in the same company or in different companies. There may be a breach involving an individual...