Results 4,841-4,860 of 8,212 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. 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.

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. 23: In page 97, between lines 24 and 25, to insert the following: "(e) the laws regarding international protection in that country are more prohibitive than in Ireland and a person who is claiming asylum does not have the same opportunity to be granted refugee status as they would in Ireland.". If a country is designated as a safe third country to which a person...

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 engagement. I hope we might be able to discuss it further. Certain safe countries may recognise LGBT status which is recognised as a concern regarding our international protection laws. It is not always given the same status in other countries. Consideration might be needed in a few areas. I recognise that the Minister has indicated that there are criteria...

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. 24: In page 97, between lines 38 and 39, to insert the following: “(6)The Minister shall, every 12 months, lay a report before both Houses of the Oireachtas outlining any changes to the list of safe third countries and provide rationale for any such changes made.” The amendment proposes that the Minister produce a report every 12 months on the...

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

Alice-Mary Higgins: I know the Minister is probably not minded to accept amendments today given the haste and focus of the Brexit Bill. However, it would be constructive if we could have such engagement. I ask the Minister to consider it. Of course, she has the prerogative to publish such a report or to create such a point for engagement for Members who are concerned and have an interest in these areas....