Results 3,921-3,940 of 8,211 for speaker:Alice-Mary Higgins

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

Alice-Mary Higgins: I move amendment No. 13: In page 11, between lines 21 and 22, to insert the following: "Protection of smuggled persons from prosecution 10.A person who has been the object of people smuggling shall not be considered to have committed an offence under any provision of this Act.". These amendments relate to the protection of persons who are the object of smuggling. I have tried in...

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

Alice-Mary Higgins: I will engage with the Minister of State around ensuring that we close this gap.

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

Alice-Mary Higgins: I move amendment No. 14: In page 11, between lines 21 and 22, to insert the following: “Protection of smuggled persons from prosecution 10.A person shall not become liable to criminal prosecution under this Act for the fact of having been the object of people smuggling.”.

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

Alice-Mary Higgins: I move amendment No. 15: In page 11, after line 40, to insert the following: “International protection in respect of smuggled persons 11.A person who has been the object of people smuggling and subsequently sought international protection may not be transferred or deported to either a state of origin or a state including protocol states and states which have entered into...

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

Alice-Mary Higgins: I recognise this is complex. I am not seeking to create a hierarchy of rights but I am concerned that we have sometimes built in assumptions as to what constitutes non-refoulement. That is really the core of it. That is why I am trying to tease this out. The matter is probably a little wider and relates to the Dublin Protocol. I might seek to engage with the Minister of State on that....

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

Alice-Mary Higgins: No, but I reserve the right to re-introduce it.

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

Alice-Mary Higgins: I move amendment No. 17: 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...

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

Alice-Mary Higgins: I appreciate the Minister of State's engagement and I understand there is separate trafficking legislation. I thank the Minister of State for indicating he will look at the question of outcomes for smuggled persons. The international protection process is one piece but I think it would be appropriate, since we have specific legislation targeting smuggling, that we would be looking to what...

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

Alice-Mary Higgins: I move amendment No. 18: 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: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: I move amendment No. 19: In page 11, after line 40, to insert the following: “Report on compliance with human rights obligations 11.The Minister shall, within 12 months of the passing of this Act and on a bi-annual basis thereafter, lay a report before both Houses of the Oireachtas outlining which steps have been taken to ensure the State has reflected the 1951 Convention relating...

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

Alice-Mary Higgins: The amendment refers specifically to “this Act”, so it is not wider and it is only in regard to the aspects of “this Act”. I take the Minister of State's point in regard to amendments Nos. 17 and 18 but amendment No. 19 is specifically on how the Convention Relating to the Status of Refugees is being reflected in the operation of this Act, so it is quite targeted...

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

Alice-Mary Higgins: I will press the amendment and I may bring a revised version of it forward on Report Stage.

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

Alice-Mary Higgins: Yes, I will move and withdraw.

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

Alice-Mary Higgins: I move amendment No. 21: In page 12, between lines 22 and 23, to insert the following: “(3) Where an enforcement officer exercises functions under subsection (2), a written report outlining the reasonable grounds upon which such functions were exercised must be submitted to An Garda Síochána or the Minister and a copy of the report must be provided to any court with...

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

Alice-Mary Higgins: My concern is that while the laws of evidence may apply in terms of an actual prosecution, we have already stated that cases may arise where there will not be prosecution, particularly in relation to humanitarian actions, actors and search and rescue. The Government has expressed the view and hope that it will not proceed to prosecute in these cases. However, we may have situations where...

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

Alice-Mary Higgins: I will press the amendment. Even leaving aside the question of abuse, in general, when we have discretion we should have accountability. It is a thing of trust. Wherever we give discretion, discretionary power or interpretative power, it is good practice to have accountability around how that interpretation and discretion is used. Even in general, we should be aiming higher in this area.

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

Alice-Mary Higgins: I move amendment No. 22: In page 15, line 11, to delete “or recklessly makes a statement which is false in a material particular”. I know there is concern and Senator Ward is rightly concerned about recklessness in relation to human life. I would support that. We should penalise those who take actions which are reckless in terms of the safety of human life. My concern...

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

Alice-Mary Higgins: My concern in this area is particularly strong because the defence, as stated previously, in terms of humanitarian assistance or humanitarian action does not apply to this section. The defence in any proceedings only applies to offences under sections 6 to 8, inclusive, and does not apply to actions taken under this section. This not only concerns making a mistake. Is it regarded as being...

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

Alice-Mary Higgins: I move amendment No. 23: In page 16, between lines 15 and 16, to insert the following: “(17) Where an enforcement officer relies on reasonable grounds as a basis for the exercise of any functions under this section, that officer must submit a written report outlining the reasonable grounds upon which such functions were exercised to An Garda Síochána or the Minister and a...

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

Alice-Mary Higgins: I move amendment No. 24: In page 19, between lines 15 and 16, to insert the following: “Report on the gathering of data in respect of smuggling 17. The Minister shall, within 12 months of the passing of this Act and on an annual basis thereafter, lay a report before both Houses of the Oireachtas outlining emerging patterns in respect of the smuggling of persons and what steps have...