Results 5,281-5,300 of 8,445 for speaker:Alice-Mary Higgins

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 10: In page 4, line 22, after “2018” to insert “and regulations made under those Acts”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: Amendments Nos. 10 and 11 are coming at the same point. I am not sure if amendment No. 11 is necessary but I am seeking assurance from the Minister. I do not think I will need to press the amendments. It is my understanding that they may even be redundant but I want to know if that is the Minister's interpretation of the legislation because, if his interpretation aligns with mine, I do not...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I thank the Minister. That was the intention of the amendments and I am glad to have that clarification. It is important that Tusla is also aware that this is the interpretation. The Minister has indicated genuine commitment to moving on these issues. I urge him to use the two other powers he has to address some of the concerns that will arise, aside from the major legislative change that...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 11: In page 4, line 22, to delete “enactment” and substitute “legislation”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I will speak to the three amendments. These are some of the most important amendments of the day. Amendment No. 12 explicitly refers to "providing information about a deceased person to a brother, sister, son, daughter, nephew, niece, grandson, granddaughter, grandnephew or grandniece of the deceased person". One of the greatest sources of distress for families concerns the information...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I am disappointed. With great respect, the 2004 Act is not set in stone. We amend and change laws all the time. Of course, there is a concern if there are people whose rights are affected because we have changed a law. The Minister may speak of the rights of those who participated. However, there is sufficient measure already, even within Article 15 of the GDPR, to protect the rights of...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 14: In page 4, after line 36, to insert the following: "4.The Minister may make regulations outlining the mechanisms whereby the documents deposited with him or her under this Act may be processed for the purposes of the Data Protection Regulation.".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 15: In page 4, after line 36, to insert the following: "4.Notwithstanding anything in section 41 of the Act of 2004, the Minister may make regulations outlining the mechanisms whereby the documents deposited with him or her under this Act may be processed for the purposes of the Data Protection Regulation.".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 16: In page 4, after line 36, to insert the following: “Interpretation of section 39 of Act of 2004 4. Section 39 of the Act of 2004 shall not be interpreted as preventing a person from accessing documents and records of interviews in which they are the subject or statements they themselves provided to a Commission of Investigation.”. I will be very...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I will speak very briefly on amendment No. 16, as I had not realised it was grouped previously. This amendment follows on from earlier discussions. Essentially, it reminds the Minister that section 39 of the Act of 2004, as amended by section 198 of the Data Protection Act, does not suspend Article 15 rights. They still stand and can only be curtailed as necessary and proportionate in each...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: Will the Minister respond?

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I am only asking the Minister if he intends to discuss it.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: It is about the interpretation of the section so it does not necessarily need to be part of the legislation.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I will press the amendment.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 17: In page 5, line 4, to delete “Agency” and substitute “Authority”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 18: In page 5, line 4, after “Agency” to insert “and the Authority”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 19: In page 5, between lines 4 and 5, to insert the following: “(2) The provisions set out in this section shall apply as if the specified Minister were a reference to the Minister and the Agency and the Authority.” I regret that last amendment. It was unfortunate that the Minister did not agree to it. Amendments Nos. 19 and 20 are related and both...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: It does not extend things. It is simply that they are happening from two different locations. The section states: "as if the reference, in paragraph (a) of subsection (1), to specified Minister were a reference to the Agency."That relates to the database and related records and the other documents are with the Minister. It seems there are two interpretations of "the Minister" for the...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: No, but it would be a split. My concern is that while the number of documents is the same, there are two different directions in which a future tribunal might go. I want the Minister to have a full and comprehensive set of documents and I would prefer if the tribunal were able to access documents from a single location in an appropriate way. I appreciate the unintended consequence, which...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 20: In page 5, between lines 4 and 5, to insert the following: "(2) Section 45 of the Act of 2004 shall have dual application to both the Minister and the Agency.".