Results 4,821-4,840 of 8,196 for speaker:Alice-Mary Higgins

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 8: In page 91, to delete lines 21 to 23. The phrase "the person arrived in the State from a safe third country that is, in accordance with subsection (17), a safe country for the person." is used in the Bill. I will not speak at length to this because I wish to address the issue later when we discuss the issue of a safe third country. The European directives give...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: No.

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 9: In page 91, between lines 30 and 31, to insert the following: “(b) will have access to the same standard of medical care within the country, as they can receive within the State,”. Amendments Nos. 9 to 11, inclusive, relate to a similar scenario. The Minister may be aware that I previously raised with the Minister of State with responsibility for...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I thank the Minister for her response. We will be addressing some of the issues in the legislation that we will bring forward next week. Some of the issues we will be bringing forward next week can be addressed by policy but that clearly needs to happen. Some of the issues require legislation and there is a mix in that regard. Many of the amendments to which we are about to move very much...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 10: In page 92, between lines 19 and 20, to insert the following: "(c) there is a significant risk to the health of the person, either as a result of the public health situation in the country to which they are being expelled or returned or if travel to the country to which they are being expelled or returned would carry a significant health risk.".

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 11: In page 92, between lines 27 and 28, to insert the following: "(c) an expulsion or return would carry a significant risk to the health of the person, either as a result of the public health situation in the country to which they are being expelled or returned or if travel to the country to which they are being expelled or returned would carry a significant health...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 12: In page 93, to delete lines 25 and 26. We have spoken to amendment No. 12 previously. This is in relation to the first country of asylum. I am pointing to the fact that this is an issue that needed to be teased out a little more. I am also conscious that we have talked about families and others who would be affected by Brexit. I have concerns, which I will not...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: They are ameliorating provisions.

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 13: In page 93, between lines 37 and 38, to insert the following: "(5) Where a person specified in an order does not have legal representation, the State shall inform that person orally and in writing, in a language they can comprehensively understand, of legal assistance and advice that they may avail of.". Amendment No. 13 is on the issue of refoulement, which we...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: Is it the Minister's understanding that this information that should be given to a person under the relevant procedure would include information in respect of the person's rights in relation to non-refoulement?

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: Non-refoulement, by its nature, applies even after the event. Under that circumstance, I do not need to press this amendment.

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 14: In page 94, line 26, to delete "without" and substitute "upon obtainment of a". In the next two groups of amendments, we come to some of the most troubling aspects for those concerned with civil rights and our international protection legislation. Amendments Nos. 14, 15 and 16 deal with the issue that members of An Garda Síochána and immigration...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: It is only a risk if the person is absconding. There is no risk to others specified. If the legislation related to a risk to the public in any sense identified, then there are certain circumstances but that is not provided for here. There may be wonderful gardaí who do things in a very good way, and there may be others, but our job is the law and its execution. I would prefer if we...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 15: In page 94, line 26, to delete “without warrant”.

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 16: In page 94, to delete lines 34 to 43, and in page 95, to delete lines 1 and 2.

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 17: In page 95, to delete lines 21 to 25 and substitute the following: “(8) If, and for as long as an immigration officer or member of the Garda Síochána concerned does not have documentation to prove that the person subject of a return order is not under 18 years of age, the provisions of subsections (4) and (5) shall not apply.”. I hope we...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I accept the Minister's point on documentation and it is fair, because the wording, as it is at present, is too wide in terms of what the reasonable grounds might be and where they would be set out. I am concerned about the interpretational issue and perhaps that is something on which we can engage with the Minister. It concerns the issue of reasonable grounds, what constitutes reasonable...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 18: In page 95, line 37, to delete "12 hours" and substitute "5 hours". The Bill allows for persons to be detained for 12 hours in a vehicle. I do not think that is right. It is not appropriate that a person might be detained for a 12-hour period in a vehicle on their way to an airport or port. No airport or port in Ireland requires one to be detained for 12 hours,...

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 19: In page 95, line 40, to delete "12 hours" and substitute "5 hours".

Seanad: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage (3 Dec 2020)

Alice-Mary Higgins: I move amendment No. 20: In page 96, to delete lines 18 to 25. This amendment relates to a wider issue in terms of immigration policy that might be more appropriately dealt with elsewhere.