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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.

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

Alice-Mary Higgins: I move amendment No. 24: In page 5, line 22, to delete "as it considers appropriate" and substitute "as are appropriate".

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

Alice-Mary Higgins: I move amendment No. 25: In page 5, line 23, after "Committee." to insert the following: "Any such rules have to be consistent with providing for fairness of procedures and in providing wide access to the review mechanism of the Forestry Appeals Committee.".

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

Alice-Mary Higgins: I move amendment No. 26: In page 5, line 23, after “Committee.” to insert the following: “Such rules may not set limits to the rights of persons or categories of persons or entities to make an appeal.”.

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

Alice-Mary Higgins: I move amendment No. 28: In page 5, between lines 23 and 24, to insert the following: “(2A) Rules made by the Forestry Appeals Committee under subsection (2) may not include any measures which exclude a person or category of person from making an appeal.”.

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

Alice-Mary Higgins: I move amendment No. 30: In page 5, line 26, after “appeal.” to insert the following: “Such direction may not set limits to the rights of all persons or categories of persons to make an appeal nor create obstacles to the vindication of those rights.”.

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

Alice-Mary Higgins: I move amendment No. 31: In page 5, line 26, after “appeal.” to insert the following: “Such direction may not set limits to the rights of all persons or categories of persons to make an appeal.”.

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

Alice-Mary Higgins: I move amendment No. 32: In page 5, line 30, after “grounds.” to insert the following: “An appellant shall be allowed to furnish additional information to an appeal where the provision of that information has been compromised by delays in the processing of requests made under Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on...

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

Alice-Mary Higgins: I do not wish to stray to amendment No. 36 unnecessarily. Amendment No. 33 is a simple opportunity to delete those relevant lines. Again, this is not a provision that existed previously. It is an additional requirement being placed on appellants. The Minister of State has the right to remove it and it would be a better Bill if she did so. Amendment No. 32 deals with the same issues of...

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

Alice-Mary Higgins: I did not interrupt the Senator.

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

Alice-Mary Higgins: I am sorry, excuse me-----

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

Alice-Mary Higgins: When persons are referred to in this House they have a right to respond.

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

Alice-Mary Higgins: I was referred to as one of five Dublin-based Senators. First, I am from Galway. I may be living and working in Dublin now but I am from that area. Nonetheless, I also know that many of those who have spoken to me on this Bill-----

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

Alice-Mary Higgins: I am actually about to speak to the amendment.

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

Alice-Mary Higgins: We do not need Second Stage speeches. It is around this amendment-----

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

Alice-Mary Higgins: There is a question which relates directly to the amendment. Will people experience a delay from one part of our public system which will stop them from activating their rights under another part?

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

Alice-Mary Higgins: The specific question put by Senator Boylan was whether we can have assurances that anybody who seeks access to information on the environment that he or she needs in respect of lodging an appeal will be given information at the point that all information is initially attached to an original decision. Secondly-----

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