Results 3,801-3,820 of 8,196 for speaker:Alice-Mary Higgins

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: This relates to this amendment. I am saying-----

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: We are discussing amendments Nos. 2 and 3. I am saying that this is in response to-----

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I will move ahead. It is fine. I am simply saying, in response to the question of the discretion, that if we are to leave so much to discretion, it is appropriate we monitor how that discretion is used. That is my simple concluding point. I think it is a relevant one. Again, I thank the Minister of State for accepting amendment No. 2.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 3: In page 8, between lines 11 and 12, to insert the following: “(3) For the purposes of section 6, 7and 8assisting the entry into or transit across a state does not include the provision by another person, in the ordinary course of his or her business, trade or profession, of a good or service to the person.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 4: In page 11, between lines 6 and 7, to insert the following: “(8) Where a person who produces, possesses or controls a fraudulent travel or identity document does so in respect of a family member, and that person is themselves the object of people smuggling, they shall not commit an offence.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Amendments Nos. 4 to 6, inclusive, relate to a core issue. On Second Stage the Minister of State was extremely clear that his intention was certainly not that a smuggled person would end up potentially facing prosecution under this Act, and I know that that is not the intent. I highlighted on Committee Stage the inadvertent risk that, as the Bill was phrased, a smuggled person -...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I thank the Minister of State for his engagement and welcome the fact that he is looking to ensure that that clarification, if it is inserted, will be a little wider than the issue I have addressed of documentation but will look also at sections 6 and 7. That is positive. I again emphasise that I do not believe the humanitarian defence is appropriate in respect of a smuggled person because...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 5: In page 11, between lines 6 and 7, to insert the following: “(8) Where a person who produces, procures, provides, possesses or controls a fraudulent travel or identity document does so in respect of a family member, and that person is themselves the object of people smuggling, they shall not commit an offence.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 6: In page 11, between lines 6 and 7, to insert the following: “(8) It shall not be an offence where a person who produces, procures, provides, possesses or controls a fraudulent travel or identity document does so in respect of a family member under 18, and where that person is themselves the object of people smuggling.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I second the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Ireland was better than Operation Sophia because we saved 17,000 lives when we were operating bilaterally with our own ship. When we joined Operation Sophia that figure was reduced but there was still search and rescue carried out. All of this relates to a European directive so it is not us on our own. It is exactly as was said on the question of prosecutions and of a chilling effect. All...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: Can I-----

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: It was my oversight. I forgot that I had not proposed in this instance.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 8: In page 11, between lines 6 and 7, to insert the following: “Protection from prosecution 9.A person shall not be considered to have committed an offence under section 6, 7or 14where the person engaged in conduct alleged to constitute an offence under section 6, 7or 14— (a) in order to provide, in the course of his or her work on behalf of a bona...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 9: In page 11, between lines 6 and 7, to insert the following: “Protection from prosecution 9.A person shall not be considered to have committed an offence under section 6, 7or 8, where the person engaged in conduct alleged to constitute an offence under section 6, 7or 8— (a)in order to provide, in the course of his or her work on behalf of a bona...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 10: In page 11, between lines 6 and 7, to insert the following: “Protection from prosecution 9.Where a person can demonstrate to a level of reasonable satisfaction that they have engaged in conduct alleged to constitute an offence under section 6or 7for humanitarian purposes, that person shall not be liable for prosecution for said conduct.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 11: In page 11, to delete lines 8 to 11 and substitute the following: “9.(1) It shall not be an offence under sections 6, 7or 8where a person engaged in behaviour alleged to constitute an offence under those sections—”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 12: In page 11, after line 40, to insert the following: “Protection of smuggled persons from prosecution 11.A person who has been the object of people smuggling and derives no financial benefit from people smuggling shall not be liable for prosecution under any provision of this Act.”.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages (20 Oct 2021)

Alice-Mary Higgins: I feel terrible because we did not get to tease out some really important points on the last amendment. This amendment again relates to the protection of smuggled persons. These two issues are constantly entwined because we are coming to the protection of the humanitarian worker and the protection of the smuggled person. The purpose is to ensure that we do not have wrongful prosecution - a...