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Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: That would be regarded as very unusual. Fixed payment notices are used in very few areas, except in the area of the marine. This is an appeal to the Minister to consider having an appeals mechanism to avoid the courts. With the Mediation Bill and so on, I know that the Government is keen to move away from having a court based solution to every issue.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: These are fundamental amendments because the legislation vests further powers in Waterways Ireland and its authorised officers, including in the issuing of fixed payment notices. It would be simple to state such officers need to be appointed from within the staff of Waterways Ireland. For example, we do not want a scenario where this work might be contracted out to a private security firm....

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I appreciate the Minister's assurance. I may engage further on this issue because there are public procurement concerns and about trade agreements for planning. It is important that we ensure where there is public delivery of a service, it is retained for public delivery. In some cases, this may need to be reflected in legislation. I am happy to withdraw the amendments, but I might engage...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I move amendment No. 1aaf:In page 10, line 12, to delete “a named authorised officer” and substitute “a member of an Garda Síochána or a Customs or Revenue Official”. The amendment highlights an important principle. We did not have an opportunity to discuss the previous section but it dealt with allowing people to board boats. Amendment No. 1aaf refers...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: Yes.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I was aware of the question of the court. That does not address my concern that the testimony or opinion of an authorised officer will, in effect, be given the same standing as a garda, who might say he or she has reasonable grounds to seek a warrant. I am very aware of the court process. The Minister's comments do not allay my concerns, but I am happy to have a discussion on that...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I realise there is a process, but it is appropriate that authorised officers have the same powers as Revenue officials or gardaí currently have without any allusion to that. Let us engage further on the matter.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: The Bill proposes to grant them a new power, namely, the right to seek a search warrant. I do not believe they currently have such a right.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I wish to indicate that I may bring in amendments in respect of some of the definitions that feature in the Bill on Report Stage.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: Excuse me, Minister.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: There is an inaccuracy here but I will come back to it.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: That accusation has never been made and I ask the Minister to correct the record.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: The Minister needs to correct the record.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: The Minister needs to withdraw the comments.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: The Minister is quoting our book.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I was going to speak strictly to amendment No. 2. I will not go extensively into amendment No. 3, which I believe we will be debating together. I need to correct two key points for the record. We have had this debate and I do not think it is constructive. As a Minister for all of Ireland, the Minister needs to be very clear that it is not constructive to suggest or ascribe comments to the...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: It is amendment No. 2. We are speaking only on amendment No. 2. Those were simply clarifications of the Minister's speech. On amendment No. 2, unfortunately, the Minister did not comment on her views on baseline data. We have been hearing at length that this is a pilot. We have been hearing ideas as to what might be done. We need to be very clear on the messages the Minister has given...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: Nobody said that.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: When it comes to the point of withdrawing we will.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: It is the group.

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