Results 81-100 of 346 for speaker:Jim Higgins

Seanad: Order of Business. (12 Mar 2003)

Jim Higgins: What I am saying is that we will not even reach it. We will not deal with it, first, because it will not be reached and, second,—

Seanad: Order of Business. (12 Mar 2003)

Jim Higgins: I am making a valid point regarding the substance of this Bill. I plead with the Leader of the House, with whom I have discussed this matter, to go back to her Government superiors and ask for additional time for this Bill.

Seanad: Electricity Regulation (Amendment) Bill 2003: First Stage. (12 Mar 2003)

Jim Higgins: I move: That leave be granted to introduce a Bill entitled an Act to amend the Electricity Regulation Act, 1999, to provide for the regulation of the electrical contracting sector in the State by the Commission for Electricity Regulation and to provide for related matters. I thank the Leader for accepting the Bill. Question put and agreed to.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I move amendment No. 1: In page 7, line 2, to delete paragraph (a). This amendment seeks to delete the provision in paragraph (a) which includes a reference to paragraph (c) of section 10(1) of the principal Act, which will state: (1) A head to whom a request under section 7 is made may refuse to grant the request if – (a) the record concerned does not exist or cannot be found after all...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I agree with Senator Mansergh that the word "other" appears a little incongruous. What is the distinction between the "work" and the "other work" of a Department or public body? The Department should be performing its work per se.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: Correct. It also makes the distinction between such work and the general work of the Department or public body as a whole. It states, "The deletion of the word "other" in paragraph (c) is intended to clarify that a substantial and unreasonable interference with work, whether that is the work of a particular unit or section or the work of a body generally, can constitute grounds for refusal of...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I move amendment No. 2: In page 7, lines 3 to 7, to delete paragraph (b).Section 7(b) proposes to insert in section 10(1)(e) of the principal Act, ", or forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the head, appear to have made the requests acting in concert" after "vexatious",". Section 10 of the...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: In his original contribution, while defending the public service, having come from such a background himself, Senator Mansergh said in his general experience the public service has operated the spirit of the Act almost to the letter. He stated there have been very few occasions on which it was open to abuse as such. The Information Commissioner's report gives a classic example of what can...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I support Senator Henry's amendment on the basis of both her arguments and those of Senator McDowell. Looking at the original Bill one can see that "[a] head may refuse to grant a request under section 7" if certain conditions apply. Now we are taking away any discretion on the part of the head of a Department of the assigned person to make a decision to release information. Does that not...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: No. I referred to the insertion of the word "shall" for the word "may", which does not give any discretion to senior public servants to make a decision, even in the rarest of circumstances, to release records.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I will be brief because in the time left at our disposal it is obvious that we will be hard pressed to reach some of the other essential parts of the Bill. I agree with Senator Maurice Hayes that people have a certain right to discuss their business in confidence, but for how long should the veil of secrecy prevail? We have to get the balance right. Senator Mansergh said that the Labour...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: On a procedural point, as there are still quite a number of amendments to be dealt with, can amendments Nos. 8, 9 and 12 in my name, which all deal with the role of the Attorney General, be taken as a group in order to expedite matters?

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I move amendment No. 8:

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: Regarding the Attorney General's role in advising the Government on a range of issues and the Minister of State's comment that it is not the role of the Attorney General to provide certification, who said that? That has come from the Minister of State's advisers, but there is nothing to stop the Attorney General from being given this power. As Senator Brian Hayes said, the Attorney General is...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I move amendment No. 9: In page 9, line 39 after "concerned" to insert "or the Attorney General certifies in writing that the said decision is on a matter of vital national importance in that it relates to an issue of public health or safety, national security or the vital economic interests of the State and upon the Attorney General so certifying a period of 10 years shall be required before...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: I will be brief because we are very restricted regarding time and other Members want to come in. Article 28 of the Constitution is clear. It is headed, The Government, and states: "The Government shall consist of not less than seven and not more than fifteen members who shall be appointed by the President in accordance with the provisions of this Constitution". That is a clear definition....

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: It is clear that this section is fundamentally flawed. The Government should seriously consider withdrawing it either today or on Report Stage tomorrow. Otherwise, the consequences are clear.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: An independent officer, the Information Commissioner, has got legal advice on this matter and that legal advice is clear in terms of the unconstitutionality of this measure. It should be withdrawn.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Jim Higgins: The groups which will be covered by this are made up of good people but they cannot be considered a part of Government.

Seanad: Order of Business. (13 Mar 2003)

Jim Higgins: I join other speakers in welcoming the decision by the Government to defer further consideration of the Freedom of Information (Amendment) Bill until next Thursday, which is a positive and sensible measure. The deliberations of the Joint Committee on Finance and the Public Service are important from the point of view of allowing the five Members of this House have an input, although any...