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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Judicial Council (Amendment) Bill 2021: Discussion (4 May 2022)

Alice-Mary Higgins: I apologise for the inconvenience, but I am going to come to the committee room to ask my questions because the sound quality is very poor.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Judicial Council (Amendment) Bill 2021: Discussion (4 May 2022)

Alice-Mary Higgins: It strikes me that despite insurance being a business that deals in risk and does not produce, manufacture or build anything or engage in any other service except for the management of risk, there have been significant efforts on the part of the State to reduce the risk. The companies pass much of the requirement on to the State to reduce the risk and many efforts have been made to reduce...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Judicial Council (Amendment) Bill 2021: Discussion (4 May 2022)

Alice-Mary Higgins: I will give Deputy Doherty an opportunity to speak.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Judicial Council (Amendment) Bill 2021: Discussion (4 May 2022)

Alice-Mary Higgins: I thank Deputy Doherty and Mr. Boland. I was not pressing the duty of care but pointing out that it is now the area of focus while the evidence about previous reforms has yet to be seen. I welcome that part of the Bill. I have a follow-up question for Mr. Boland which may be outside the scope of this Bill. He mentioned a further discussion that is needed with certain sectors. I know that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Judicial Council (Amendment) Bill 2021: Discussion (4 May 2022)

Alice-Mary Higgins: It strikes me that measures may be required related to the cherry-picking activities by insurance companies.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: Although I sympathise with certain elements because I regret that we have such an adversarial frame in our debates, often with very strong privileging of heat over light in political programming, in respect of which balance is important, I am concerned about the amendment. I do not know whether the weighting of political parties will be the way we move towards more balanced and nuanced...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: This group of amendments relates to the key endeavour we are undertaking. It is constructive and part of recognising that debates on issues extend beyond political and electoral debate. That was the context for and what we were trying to do with our amendment. We will move it and bring it back on Report Stage. The Minister said that she will engage with the Minister of State, Deputy...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 35: In page 22, between lines 6 and 7, to insert the following: “(2A) One member of the Commission, who shall not be the chairperson, shall be known as an Online Safety Commissioner.”. We discussed this earlier. This relates to the core premise, the online safety commissioner. When articles appear in newspapers, they only cover five sentences from...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: It is also important to mention that the Irish Human Rights and Equality Commission and the Children's Rights Alliance and its many member organisations have been really clear on the importance of this. Amendment No. 41 proposed by Senators Malcolm Byrne and Cassells and supported by Senator Carrigy is actually worded really well and is possibly better than our own amendment. If the...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I am happy to withdraw our amendments in that context. I thank the Minister for indicating her intentions. We can get into the detail later but it is so important that in this House a clear signal is sent that this is going to be a clear responsibility and function. A point that was very well made by Senator Malcolm Byrne, which I would urge the Minister to bear in mind when crafting her...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 36: In page 22, line 7, after “chairperson” to insert “, the Online Safety Commissioner”.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I am not going to add very much because my colleague has put the case very clearly. These amendments build on the core purpose of the audiovisual media services directive, which is the starting point for this legislation. As we discussed previously, that is not simply about protective, performative or managerial functions but also about a proactive role in the promotion of equality of...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: On amendments Nos. 39 and 40, there is a Public Appointments Service but, as the Minister mentioned, it draws from the civil and public service code. The concern is that is often for generalists, it is focused on a high-calibre person, and a person who has probity, is trustworthy and moves between roles but what is needed here is expertise. There is quite a bit of precedent for setting out...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 39: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall seek to ensure that the Commission has an appropriate balance of knowledge of, and expertise in the following: (a) arts and culture; (b) data protection and digital empowerment; (c)...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 40: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall have due regard to obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 and the United Nations Convention on the Rights of Persons with...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 42: In page 23, between lines 3 and 4, to insert the following: “(ba) the Commissioner has breached section 37 of this Act,”. This relates to the declaration of interests. The amendment provides that one of the grounds on which a commissioner may be removed from office would be if he or she had breached section 37 of the Act. Section 37 relates to...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: It is clear that the basic architecture is there, and I accept that the declaration of interests indicates that action may be taken, but there is a very different level of seriousness in respect of these measures in terms of removal. It is not enough to simply say there may be provision that appropriate action may be taken. Again, we must bear in mind that many of these actors will...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I move amendment No. 43: In page 23, line 38, after “Oireachtas” to insert “and the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media”. Where the Minister has decided to remove a commissioner from office, as well as laying before the Houses of the Oireachtas a statement on the decision and the reasons for it, and given that so many documents...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: I appreciate that the statement may be laid before the Houses. Perhaps what Senator Carrigy said that rather than the laying of a statement in front of the committee, simply a notification to the Chair of the committee that such a statement has been laid, might suffice. I will not press the amendment at this point. However, as the Minister said, there is quite a seriousness and a gravity...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (28 Apr 2022)

Alice-Mary Higgins: This provision comes through so much legislation and it probably merits a general examination because it has come through as a concern repeatedly. We know the phenomenon where many people are leaving their roles in local authorities. We also know the wages for those on local authorities are not enough that people can continue in their role. People have to choose between progression in...

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