Results 5,121-5,140 of 8,212 for speaker:Alice-Mary Higgins

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I accept the ruling on amendments Nos. 6 and 7. I am curious about amendment No. 8. Why is this amendment in conflict with the principles of the Bill? This amendment states that this Bill would be in force for 12 months. We have heard that this Bill has been introduced in the context of there being an emergency that needs to be addressed. My amendment would simply put a sunset clause on...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Excuse me, but the principle of the Bill is the issue as just described by An Cathaoirleach, which is one of timing and of a current backlog.My amendment refers to a period of 12 months. It sets out, as my opinion, what should be the period of time in which to address that backlog and, with respect, is clearly within the subject matter of the Bill. It is not simply a matter of opinion. It...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I do not believe that is the case.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Amendments Nos. 11 to 18, inclusive, are being taken together. All of them relate to timing. With regard to access to justice and people's rights, under the Aarhus Convention and other instruments, it is important that nothing effectively obstruct participation in an appeals process. The proposal of 60 days is reasonable. Forty-two days at least goes beyond a single month in terms of...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I wish to clarify something with the Minister of State. I asked her a very specific question. Senator Casey suggested the Minister of State would have the capacity to extend the period from 28 days in certain circumstances, and it was pointed out that for planning, the period was extended. As such I would like to check this because as I read the Bill, the Minister of State is precluded...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I wanted to ask if the Minister of State could clarify that. I thank Senator Casey, however.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: A number of these amendments would certainly allow the Minister to have that discretion, whereas the Bill currently says the period shall not be more than 28 days, which may in fact narrow the Minister of State's discretionary powers. I suggest amendment No. 16, amendment No. 18 or any one of these amendments that the Minster of State might accept would deal with that concern. It would...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I move amendment No. 13: In page 4, lines 38 and 39, to delete “beginning on the date of the decision” and substitute “from the notification of the decision”. It is at the discretion of the Cathaoirleach to determine if the House has, in fact, accepted an amendment. It is the prerogative and right of Government, if it disagrees, to call a vote. It is not...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I move amendment No. 17: In page 5, to delete lines 1 to 6 and substitute the following: “(b) The measures in paragraph (a) may not take effect before the completion of an online portal referenced in section 14E(1)(l). (c) The Minister may, having regard to the public interest and fairness of procedures, prescribe a period which is longer than the period specified in paragraph...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I move amendment No. 18: In page 5, lines 1 to 6, to delete all words from and including “in” in line 1 down to and including “(a).” in line 6 and substitute the following: “, prescribe a period which shall not be less than 28 days to be a period longer than referred to in paragraph (a), within which an appeal may be brought under that paragraph (a).”.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I will be brief. I just want to add to the concerns expressed. There is a need for recourse, and that is why we all responded regarding the references to the High Court. There are concerns, however, about the deletion of those sections and that is why there are attempts to copper-fasten those in the Bill. In addition, from engagement with the Department of the Minister of State, when I...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: What is the rationale for this? When the Agricultural Appeals Bill was being drafted, it was felt that it was appropriate to reference other legal and judicial remedies. Judicial review was also referenced when the statutory instrument was being drafted in 2017. What is the rationale in breaking with that by not referencing those processes and legal remedies in this legislation? It is a...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Why does the text not reference the High Court and judicial review?

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Why not include it in the text? The Agricultural Appeals Bill existed when the statutory instrument setting out the forestry appeals committee's initial terms and functions was drawn up in 2017. At that time, even though the forestry appeals committee existed, it was considered appropriate to refer to judicial review processes. As we understand it, the statutory instrument will no longer...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I am happy to speak after the Minister of State has spoken.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: As the Minister of State said, these amendments concern the issue of fairness and ensuring there is appropriate participation. I will go briefly through some of the categories of these amendments. Amendment No. 22 concerns the fairness of procedure and the provision of wide access. She has recognised that this should be one of the principles. This emerges from the context, as do several...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I believe I will be providing a positive service when I ask for clarification. I recognise that there is not an exclusion in the Bill, but is there a point where there is an explicit inclusion per se? This is not about future legislation but relates specifically to section 14B(2) proposed to be inserted by the Bill. That subsection reads: The Forestry Appeals Committee may make such...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: Okay.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I thank the Minister of State.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Alice-Mary Higgins: I move amendment No. 23: In page 5, to delete lines 21 to 23.