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Joint Oireachtas Committee on Disability Matters: United Nations Convention on Rights of Persons with Disabilities and Ratification of Optional Protocol: Discussion (27 May 2021)

Alice-Mary Higgins: I thank the witness very much for his answer and examples. Could Mr. Schefer or Ms Naughton perhaps comment on the case law and the importance of a standard definition of disability in building a common body of best practice in law? I apologise if I have cut across a speaker.

Joint Oireachtas Committee on Disability Matters: United Nations Convention on Rights of Persons with Disabilities and Ratification of Optional Protocol: Discussion (27 May 2021)

Alice-Mary Higgins: I apologise again. I did not realise I had cut across a speaker.

Joint Oireachtas Committee on Disability Matters: United Nations Convention on Rights of Persons with Disabilities and Ratification of Optional Protocol: Discussion (27 May 2021)

Alice-Mary Higgins: I thank the Chairman and Mr. Schefer for his answer.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Protected Disclosure Legislation: Discussion (27 May 2021)

Alice-Mary Higgins: I thank the presenters. It is very interesting. I want to begin by picking up on the issue of compensatory measures. I worry that the signal that very often gets sent in Ireland is that whistleblowers get punished and that they basically carry the price of taking action and of performing that public good by highlighting an issue. Therefore, I welcome the suggestions in respect of the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Protected Disclosure Legislation: Discussion (27 May 2021)

Alice-Mary Higgins: I have a brief follow-up on that before the compensation questions. In that regard, a very strong argument has been put forward that local elected representatives should be within the new expanded category of worker in terms of who might be protected under the Act. Will Mr. Devitt comment on that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Protected Disclosure Legislation: Discussion (27 May 2021)

Alice-Mary Higgins: I am conscious that my time is up, but I have a very brief question that perhaps could be incorporated into later answers. The senior executive accountability regime is something we have talked about a lot in this committee and which is meant to be in place, whereby senior executives become individually responsible in respect of bad practice and so forth. Would the witnesses have comments,...

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: The Tánaiste mentioned there is more regulation all the time and there are still many trade agreements. However, as there is more regulation, particularly in the area of the environment, more cases are taken by investors for compensation in respect of that investment. Some 80% of investor claims have been taken in the past 15 years. The number has increased year-on-year. As we have...

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: To clarify, I was asking about what the process will be to assess whether there is a risk of a case being taken for unfair and inequitable treatment in respect of a policy. On NGOs and companies, everybody can take a case in our courts. Under CETA, only companies may take a case. There seems to be a bit of a contrast where the climate Bill has an explicit clause limiting liability in...

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: I asked what the process will be to assess whether there is a risk relating to new areas of policy and new legislation.

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: Does the Tánaiste not agree that a national court is required to interpret other aspects of the law, for example, to balance environmental law against the financial concerns of those seeking compensation, but as the Tánaiste described very eloquently, an investor arbitration court is solely concerned with the compensation question? In that regard, it is very different, which is why...

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: It simply has to prove that it was treated unfairly or inequitably. Discriminatory treatment is only one part of the criteria. In fact, unfair and inequitable treatment is a moveable feast. It can be changed under CETA and new elements can be added to it, but one of the areas in Article 8.10.2 is that in deciding whether a company has been treated unfairly or inequitably, the question of...

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: I will not intervene again.

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: It is clear that more scrutiny will be needed. The climate and finance committees are looking at that. From the answers that have been given, it seems that other Ministers may have pieces of the puzzle. Hopefully they will be able to tease that out in those committees as they scrutinise what is proposed. I have a question on the ECJ ruling and the suggestion to the effect that it is all...

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: I specifically ask about the concerns expressed in the ECJ rulings in which the court was explicit that the provisions such as the Tánaiste outlined were not adequate and that further review was needed on the dispute settlement mechanism. I ask specifically about the ECJ concerns, not the general principle of SME access.

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: Have there not been any actions the Tánaiste is aware of subsequent or pursuant to that ECJ ruling?

Joint Oireachtas Committee on European Union Affairs: Comprehensive Economic and Trade Agreement: Discussion with Tánaiste and Minister for Enterprise, Trade and Employment (26 May 2021)

Alice-Mary Higgins: Apologies. I am happy to get anything in writing that might be useful to clarify that.

Seanad: Health and Criminal Justice (Covid-19) (Amendment) Bill 2021: Committee and Remaining Stages (25 May 2021)

Alice-Mary Higgins: There is a number of detailed aspects in each of the four Bills being extended here and each time one of them came through we engaged and put forward amendments. In many cases, there was no chance to debate those amendments. In all cases, there was no acceptance of the amendments, even those that came from Government Senators who spotted flaws in the drafting of the legislation. Given the...

Joint Oireachtas Committee on Climate Action: Reduction of Carbon Emissions of 51% by 2030: Discussion (Resumed) (25 May 2021)

Alice-Mary Higgins: I have two sets of questions. I am focusing on some of the narrative in respect of the demand for energy. When I was reading the presentations, I was a little concerned that there is still a lot of reference to reliance on hydrogen. We are looking at a context in which the use of blue hydrogen in particular, may not be an option, because it is ultimately a fossil fuel. In that context, we...

Joint Oireachtas Committee on Climate Action: Reduction of Carbon Emissions of 51% by 2030: Discussion (Resumed) (25 May 2021)

Alice-Mary Higgins: No, although the data centres remain an elephant in the pie, to mix metaphors, in that it was clear that this is not a substitution but rather is an additional pressure that is coming down.

Joint Oireachtas Committee on Climate Action: Reduction of Carbon Emissions of 51% by 2030: Discussion (Resumed) (25 May 2021)

Alice-Mary Higgins: There is going to be a question about electricity being generated and electricity being required. I have a concern we may effectively see data centres in competition with other public good needs for which we might need electricity. I wish to signal that is something that needs to be looked at. I understand the IDA will have its imperatives but on this committee, we will need to try to...

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