Results 3,821-3,840 of 8,211 for speaker:Alice-Mary Higgins

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...

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

Alice-Mary Higgins: Some tightening may be needed here because there is vulnerability. As I said, the impact is not simply on the person who might face prosecution but on his or her whole family unit, and that is what needs to be protected here. Again, as my colleague articulated it very clearly, the rationale originally for having the criteria of for profit or for financial benefit was because the original...

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

Alice-Mary Higgins: I move amendment No. 13: 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 considered to have committed an offence 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 move amendment No. 14: In page 11, after line 40, to insert the following: "Report on operation of the Act 11. The Minister shall, on an annual basis following the passing of this Act, lay a report before both Houses of the Oireachtas detailing— (a) the estimated number of victims of human trafficking identified under this Act, the methodology used to produce the estimate and...

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

Alice-Mary Higgins: I move amendment No. 15: In page 11, after line 40, to insert the following: "Report on operation of the Act 11. The Minister shall, on an annual basis following the passing of this Act, lay a report before both Houses of the Oireachtas detailing— (a) the number of prosecutions not pursued due to a humanitarian defence, (b) the number of prosecutions pursued where a...