Results 261-280 of 346 for speaker:Jim Higgins

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 It should be withdrawn.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: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: I would inform the Minister of State that the commissioner's report, The Application and Operation of Certain Provisions of the Freedom of Information Act 1997, is available and is quite riveting. As Senator O'Toole said, it is manifestly wrong in these circumstances to embark upon a debate on Committee Stage of a Bill which has such fundamental implications for people's right to access...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: I fully appreciate that, but neither the Minister of State, Deputy Parlon, nor a Senator representing the Progressive Democrats is present. Does that mean they are trying to back away from the implications of this Bill and, to use a Cheltenham expression, ride two horses simultaneously?

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: The House should adjourn because it is wrong to proceed in these circumstances. The Information Commissioner was not granted the courtesy of having an input by the so-called expert committee. I have scanned quickly through the Information Commissioner's report and it is extremely important. It provides a good overview of the legislation along with a critical analysis of its sections,...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: On a point of order, there is nothing to stop the House making another order. We have had supplementary orders in the Dáil and the Seanad and we have also amended Standing Orders. To do so now would be in everyone's interests as this is a unique situation. I asked the Minister of State if the report was available and he said no; he was advised by the public servants—

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: They now have the report and are mulling over it. It is an injustice to the Minister of State, who is at a considerable disadvantage.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: I am just making the point—

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: I ask the Acting Chairman whether it is possible for us to make a supplementary order amending the orders so that we would have a sos to digest and absorb the contents of this vital report to inform our deliberations.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: Correct.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: I second the motion.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: Did the Minister of State have an opportunity to study the commissioner's report during the suspension of the House? It would appear from his comments that he did not. He said he had a general overview but in appendix 2 of the report, the commissioner makes a detailed analysis of the Bill, line by line, including the Long Title, and gives a critique of every section. His comments were...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: On a point of clarification with regard to Standing Orders, may I ask for a specific declaration as to the time limit for submission of amendments for Committee Stage?

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: With all due respect, a Chathaoirligh— (Interruptions).

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Jim Higgins: On a point of order, the Cathaoirleach is absolutely right – we have absolutely no control over the affairs of the finance committee. What we have, however, is control over the affairs of this House.