Results 841-860 of 4,092 for speaker:Michael D Higgins

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Second Stage (3 Dec 2009)

Michael D Higgins: It is a great pity we are not at the third phase.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Second Stage (3 Dec 2009)

Michael D Higgins: That is right.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Section 2 is the definition section. I have a very simple inquiry. There is a difference between the common law definition of "foreshore" in the Foreshore Act 1933 and the later definition in the Planning and Development Act 2000, for example. Is the definition that the Minister of State is using an extension of the 1933 definition? It is important to have clarification because there are...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There is nothing to preclude that.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: I thank the Minister of State. Section 2 agreed. Sections 3 and 4 agreed.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: I support the amendment. I cannot understand why there could not be a faster track licensing system for licensing anything located at sea. We need to segregate those applications which have had an extension of the planning legislation towards them. In other words, there is a distinction between onshore applications and marine applications. Where they are purely marine applications, I...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Section 6(1) proposes inter alia to insert the following: 1C.--- References in the Foreshore Acts 1933 to 2009 to foreshore belonging to the State shall be construed as references to foreshore which for the time being belongs to the State, including foreshore so belonging whether by virtue of Article 10.2 of the Constitution or otherwise.". What is meant by the phrase "which for the time...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There are references in the old case law to 17th century grants by the king of rights to the foreshore. I would like an assurance from the Minister that in phase 3 - the next piece of legislation - there will be an absolute quenching of any such rights, which are an abuse of the constitutional position under Articles 10.1, 10.2 and 10.3 and have caused incredible grief in different places....

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There must be a commitment from the new authority that it will vindicate the constitutional right of the State under Article 10.3. It is the State, on behalf of all of the people, that owns all resources on the foreshore. Therefore, any attempt to exclude the public is wrong and unconstitutional. I ask that the new authority, when it moves to the Department of the Environment, Heritage and...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There is.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Much of this can be facilitated. The amendment is reasonable. We will be defeated this evening, but the advantage of preparing for the third phase of the legislation is that some fundamental principles need to be laid down such as are contained in this amendment, namely, the concept of the public ownership of the foreshore, the concept of public usage, the concept of balanced multiple and...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: I move amendment No. 4: In page 12, between lines 5 and 6, to insert the following: "(4) The making of submissions by a local authority under regulations under this section or under section 19A shall be a reserved function.". Put simply, this means a consultation with a local authority could, if one just leaves it like that, be a consultation with a nominated official such as a director of...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: It is set out in planning legislation and it has not worked. The Minister of State draws on his experience and I draw on mine. There is a greater flair for efficient, fast consultation with those who are making a proposal than for wanting to embrace the views of the public in a wide way. I am committed as a person elected to an assembly. For a long time I was a member of two local...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Indeed.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Like the city manager of Dublin who was not criticised by another city or county manager in the whole country.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Yes.

Order of Business (2 Dec 2009)

Michael D Higgins: With regard to the Foreshore and Dumping at Sea (Amendment) Bill 2009, which is ordered for tomorrow, I understand there was no agreement among the Whips that there should be a closure of that debate on Second Stage or that all Stages should be taken tomorrow in the House. The communication on the Bill states the Department wishes all Stages to be taken in the House in plenary session and...

Order of Business (2 Dec 2009)

Michael D Higgins: The issue concerns promised legislation and its appropriate treatment in the House. The issues that arise are issues of State property. They concern the foreshore of the State, which extends seawards for 12 nautical miles. The arrangements, as circulated-----

Order of Business (2 Dec 2009)

Michael D Higgins: -----are unsatisfactory. I would go so far as to say they are dangerous.

Order of Business (2 Dec 2009)

Michael D Higgins: In one way, one could say that what is facilitated in the Bill is the Dublin Docklands Authority writ nationally. I support many aspects of the legislation but believe it would be very valuable to have a legal opinion on many aspects of it and review it in the context of all the other relevant legislation. Therefore, if there is no response to it-----