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Seanad: An tOrd Gnó - Order of Business (5 Nov 2019)

Alice-Mary Higgins: Every person is entitled to seek refugee status.

Seanad: An tOrd Gnó - Order of Business (5 Nov 2019)

Alice-Mary Higgins: They may apply under international law.

Seanad: Climate Action: Statements (5 Nov 2019)

Alice-Mary Higgins: I welcome the Minister. It is very clear that we need a radical, joined-up approach to climate action. As discussed in this House, we face multiple crises. We are facing an ecological crisis, given that 200 species become extinct each day across the world. There is a huge loss of habitat biodiversity. There is an interlinked crisis with climate change and its devastating impact. We also...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: I thank Mr. McMahon for his testimony. As others have said, it is very strong and very meticulous, and it really goes through the narrative that is being put forward by both the Department and Revenue. The contradictions, as they emerge, are very clear. I was struck by a few things. Mr. McMahon mentioned the Scope Section, and of course we heard from it earlier in our discussions on bogus...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: -----in a very clear way in terms of the basic steps. It is interesting, and I mention Revenue in relation to some of the other issues and related issues we have been looking at around managed service companies, MSCs, and personal service companies, PSCs, and the intermediary actor space. In engaging with us on that, Revenue has been really clear to emphasise that in relation to the joint...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: I am struck by the Denny case. As Mr. McMahon mentioned, there is a lot of discomfort-----

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: -----with Revenue around the Denny case being taken forward because of the idea that one would be making a wholesale decision about employees of a particular company, but of course it is now making wholesale decisions effectively about a particular sector.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: I see that. It really raises questions around cartel or state aid practices as well-----

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: -----as some of the natural justice issues that have been mentioned. I refer to that whole question of sector, especially given the battle we know self-employed workers had for collective bargaining or sectoral level agreement, which is a different thing. I just want to ask two or three really specific questions because it will be useful to us. Mr. McMahon mentioned the question of the...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: Okay. This is the key.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: There is a really specific point here in terms of where Scope cases go next. In fact, if the provision was made that Scope cases could be appealed to the Circuit Court, it would actually be a lower jurisdiction than currently where it is a requirement to go to the High Court. It effectively could be a streamlining rather than adding a higher layer. We are, in fact, making a lower and more...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: For workers. That is-----

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: I would like to ask a couple of specific questions, one of which is a wider question. In 2002 we were told by the Comptroller and Auditor General that these arrangements were not ideal. Of course, the Comptroller and Auditor General's only job is effectively in respect of revenue. It is not the mechanism for vindication of rights. The scaling of this work in terms of the gig economy now...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: Was it the case up to January of this year that if one registered as a courier, one would automatically be assumed to be on class S? That has obviously changed since this year. Mr. McMahon mentioned that we need legislation to ensure that inappropriate test cases are not expanded to deny individual rights, but when the Department officials spoke to us they admitted there is a gap in terms...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: The Comptroller and Auditor General has a different purpose. The rights of individuals is not its focus. We have discussed automated triggering of investigations if we hit a certain number of cases rather than individuals having to go the long distance, as Mr. McMahon has. When we see a number of cases coming from a certain sector, should it trigger an automated investigation into that sector?

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: The basis of investigations should be what is set by the court.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Alice-Mary Higgins: There should be a scaling up of the Scope tests as part of a wider investigation.

Seanad: Death of Former Member: Expressions of Sympathy (23 Oct 2019)

Alice-Mary Higgins: I welcome the family of the late former Senator, Feargal Quinn, to the House, and many of his friends who are in the other Gallery and right across Ireland. I met and worked with Feargal Quinn on only one or two occasions. We worked together, along with Senator McDowell and others, in the campaign to save the Seanad in 2013, long before I thought I might ever become a Senator. As previous...

Joint Oireachtas Committee on Climate Action: Peatlands Restoration and Rehabilitation: Discussion (23 Oct 2019)

Alice-Mary Higgins: It was requested that the Bill would not be moved while the committee was due to discuss this matter.

Joint Oireachtas Committee on Climate Action: Peatlands Restoration and Rehabilitation: Discussion (23 Oct 2019)

Alice-Mary Higgins: I am struck by the same issue raised by Deputy Pringle, namely, the mismatch in terms of scale of ambition. I thank Mr. Lucas and Dr. Renou-Wilson for their presentations. Dr. Renou-Wilson spoke about 16,000 ha that make up the 53 special areas of conservation that together would store 28 million tonnes of carbon. Mr. Lucas spoke about 1,800 ha being worked on in 2020 and 28,000 tonnes of...

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