Results 3,821-3,840 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: 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...

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

Alice-Mary Higgins: I move amendment No. 16: In page 11, after line 40, to insert the following: "Report on training 11.The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining— (a) the training provided to frontline staff involved in the identification of smuggled persons, (b) measures which may be taken to improve such training...

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

Alice-Mary Higgins: Amendments Nos. 16 and 17 relate to training. My colleague, Senator Ruane, is the person who first highlighted this issue on Committee Stage. A lot of the rationale for this legislation being brought forward is the perception that Ireland has been rated as tier 2, so less than best practice levels, in terms of our reports on how we are doing with identifying trafficking, and dealing with...

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

Alice-Mary Higgins: The review the Minister of State has mentioned may be an opportunity for engagement on these issues. This is something that needs to be looked at. As my colleague outlined, we know that things are not working as they should at the moment. I look forward to engaging with the Minister of State on that review. The training component is pressing, as we know, and we need that, regardless of...

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

Alice-Mary Higgins: I move amendment No. 17: In page 11, after line 40, to insert the following: “Report on identification of smuggled persons 11. The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas setting out proposals to strengthen the identification of smuggled persons and the potential for human rights experts from non-governmental...

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

Alice-Mary Higgins: I move amendment No. 18: In page 11, after line 40, to insert the following: “Review of operation of Act 11. The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas reviewing the operation of this Act, with such a review to include— (a) outcomes for smuggled persons, including the number of smuggled persons...

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

Alice-Mary Higgins: Amendments Nos. 2 and 3 are a different approach, but build on the discussions we had on Committee Stage. I also want to recognise the engagement of officials in the interim period between Committee and Report Stages. That has been very constructive. Amendments Nos. 2 and 3 relate to a core aspect of the Bill. Saying that a person can have a defence is very different from saying that a...

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

Alice-Mary Higgins: This comes down to a very large transfer of responsibility for the policy outcome that we wish to achieve towards the discretion of prosecution. If we believe that as an outcome, persons engaged in humanitarian actions should not be prosecuted for an offence, and if that is what we are hoping will happen, we should reflect that in the legislation rather than hoping that will come out from...

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. I urge him to reflect further on where the balance might be. If we are going with what I regard as the risky strategy of relying on prosecutorial discretion, I suggest that we put measures in place to track how that pans out. I also recommend a review. The review we proposed had a number of caveats but there is nothing to stop the Minster...

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 1: In page 3, to delete lines 22 to 25 and substitute the following: “ ‘international force’ means the United Nations or an International United Nations Force to which a contingent or a member of the Defence Forces may be assigned to for service outside the State for any purpose specified in section 3 of the Act of 2006;”. The amendment...

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: I note that in the Minister's own example he gave there, he spoke of a United Nations force commander, which is one of the examples he gave on Second Stage. The core point is that this may not be a United Nations force commander. I accept there may be some constraints in this framing and the Minister will note that some of my later amendments explicitly deal with certain areas of secondment...

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: The point is, when you transfer command, there is a very significant consequence. That is why it is very important to know who you are transferring command to, what their criteria will be and what the means and mechanisms as to how you relate to them will be. Any force is simply too wide in this regard. I note the Minister's point on time constraints. I know we have limited time for this...

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: What is the timing for the debate, a Chathaoirligh, because I am just keen to ensure we get through all of the amendments?

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: I thank the Cathaoirleach for the clarification. I do not believe the Minister and I will agree on this so perhaps either or both of us may come back with revised amendments on Report Stage on this matter. I point to that core issue of the fact that "any force" is wider than the definitions we had previously of international organisations or of other groups. I urge the Minister to consider...

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: I move amendment No. 2: In page 4, between lines 35 and 36, to insert the following: “(5) A delegation of operational control by the Minister under this Act shall only exceed a period of eight months, where a Minister has laid a motion before, and that motion has been passed by, both Houses of the Oireachtas authorising an extension of such a delegation of operational...

Seanad: Defence (Amendment) Bill 2020: Committee Stage (20 Oct 2021)

Alice-Mary Higgins: I know the number is increasing, but the core point is that it has been increasing only partially. I believe there is scope in that regard; nonetheless there have to be checks and balances on this. Amendment No. 2 is extremely reasonable. It states that where there has been a delegation of operational control under the Act, that delegation - and this seeks to account for, as the Minister...