Results 3,881-3,900 of 8,196 for speaker:Alice-Mary Higgins

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: It is a nuance that may need to be addressed. Where persons are presenting themselves and lobbying, it is important to know on behalf of whom they are lobbying. Mr. Devitt touched on another concern I have, which is to ensure we avoid unforeseen consequences in this regard. All present want the strengthening of lobbying regulation but I refer to the issue of interest-based lobbying, that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: My apologies. I was in the Seanad Chamber while Deputy O'Callaghan was asking his questions.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Regulation of Lobbying (Amendment) Bill 2020: Discussion (13 Oct 2021)

Alice-Mary Higgins: I agree with regard to transparency. I was referring to the issue of the cooling-off period. I thank Professor Murphy.

Seanad: Budget 2022: Statements (12 Oct 2021)

Alice-Mary Higgins: In discussing the budget, I will look at more than the question of what and how much we are spending. The problem is that we have missed the opportunity in this budget to spend better. The fiscal rules have been suspended for years and we are allowed to do things for the long-term benefit of the State. The balancing of the books is no longer a constraint because the fiscal rules have been...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I will speak briefly. Later, we will discuss amendments dealing with how humanitarian assistance is treated under legislation. The definition that we have proposed is based on the European Parliament's report. It relates to fundamental rights and, in the wider sense, human rights. We have gone with a definition that has been used and that has strong agreement, but the core of our argument...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I will be brief because we will come to the points the Minister of State was making later regarding the adequacy of a defence approach. We will have an opportunity to go back and forth on that. I do not agree that a defence versus an exemption is an adequate approach or, indeed, an approach of leadership when, as we have heard, seven countries have given a full exemption. We will have an...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I support the amendment.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: As Senator Ruane outlined, we are aware of these existing but the core is that the functions under this Act are carried out. We have had a litany of cases. Many parts of the Bill, for example, relate to Irish ships and to ships in the Mediterranean Sea.We have had situations of serious concern, with breaches of human rights in interventions in the Mediterranean. I know that Belarus is not...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: On Senator Ward's points, we have tried to address that in our phrasing. We did not say that the State shall perform its functions in a manner consistent with this. We are conscious that the State is already obliged to do that. We are really looking for an extra level of the State ensuring the operation of these functions, especially since there are sections of this legislation where power...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: On Second Stage the Minister of State spoke of why the specific language on "for material benefit" had been removed. I suggest there is always balance. The danger presented by removing that caveat that it is for financial and material benefit is greater than the benefit outlined. It is a danger in creating a chilling effect on humanitarian action, human rights, search and rescue and ships....

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I have a few points to make. As a legislator, I do not and cannot rely on prosecutorial power. I believe in the separation of powers. Therefore, we need to take our powers seriously and I would not abdicate our responsibilities to ensure the best possible quality of legislation be deferred, in the hope of prosecutorial discretion. I am also aware that circumstances change. We would not...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I am sorry to keep pressing on this. As the Minister of State said, the decision has been not to prosecute. Of course, we want the DPP to be able to do its work. We try to produce good laws so that it can do that. However, the fact is that we are not being given an evidence base that it cannot secure prosecutions. Even if we decide to give the DPP the benefit of the doubt, and listen to...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I move amendment No. 6: In page 10, line 1, to delete “or has reasonable cause to believe”. I will not spend long on this amendment, but I am concerned with the interpretation here. Section 8(1)(b) refers to a person who "knows or has reasonable cause to believe that such entry into, transit across or presence in the State is in breach of a specified provision". What was...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: To clarify, this section does apply to rescue ships and it does apply to anybody doing any of those actions, and it does not only apply because we have chosen not to put in an exemption. In fact, this applies to everybody, and then they may have a defence. That is the problem. We will come across this in many places, whereby it applies to everybody and then they may have a defence. That...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I move amendment No. 7: In page 10, between lines 18 and 19, to insert the following: “(5) Where a person engages in conduct described under subsection (4) in respect of a family member under 18, such conduct shall not constitute an offence.”. Amendments Nos. 7 to 9, inclusive, address the same issues. Amendments Nos. 7 and 8 do it in a wider way. Amendment No. 8 is...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: It is really important to be clear this is not the humanitarian assistance space. There are two parties who are in jeopardy of wrongful prosecution, basically, and in some cases there is a chilling effect from this. They are those who are offering humanitarian assistance. I refer to those who can, for example, show they are employees of a human rights NGO etc., and who are using that as a...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: We will withdraw it and look to engage and address this issue, which we all want addressed.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I move amendment No. 8: In page 10, between lines 18 and 19, to insert the following: (5) Where a person engages in conduct described under subsection (4)in respect of a family member, such conduct shall not constitute an offence.”. I will withdraw it, while reserving the right to reintroduce.

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I move amendment No. 9: In page 10, between lines 18 and 19, to insert the following: “(5) The possession or control of a fraudulent travel or identity document with the intention that it shall be used for the purpose of assisting the entry into, transit across or presence in a designated state of another person, shall not be an offence in cases where the other person is a family...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: These are the core points again. I am aware the decision was made to go with a certain approach in terms of a defence but I urge the Minister of State to strongly consider the point on the exemption and to consider the fact the exemption, as I stated earlier, is in fact a middle ground. We are already seeing a more robust set of laws that might be applied. An exemption for humanitarian...