Newsletter October 2024: Gaza, Seanad Reform, Planning and Development, Climate Action, Education and Research, Ethical Economics, Empowering Citizens Online

Long overdue removal of the blocks to our Occupied Territories legislation, following sustained public pressure, is one small step forward but more must be done.
In the Seanad, and in committees, I have been working for faster and fairer climate action, ethical economics, progressive social policies and gender equality. I have fought for investment in public services, better funding and employment conditions in higher education and a planning system which can deliver for housing, climate and communities. As we enter the final months of this Oireachtas term, I would like to thank you once again for putting your trust in me to serve as a Senator on the NUI panel. It is a huge honour and one which I never take for granted. To get involved or learn more about any aspect of my work, please visit my website or contact my office. We love to hear from you!

Warm regards,
Alice-Mary Higgins

Gaza

Every country has a responsibility under international law to take “all necessary steps” to prevent the risk of genocide. Unfortunately, Ireland is not yet taking every step it can in response to the horrendous assault on the people of Gaza where the death toll, particularly for children, continues to rise and over 90% of the population are displaced. While the recognition of Palestine was a welcome step, stronger action is urgently needed from the Irish Government, the European Union and the international community. Myself and my Civil Engagement Group (CEG) colleagues successfully passed a Seanad motion calling for a ceasefire and identifying concrete actions Ireland and the EU should take.

Occupied Territories Bill

This includes immediately passing our Occupied Territories Bill. This CEG Bill, introduced in 2017 by Senator Frances Black and co-sponsored by myself and Senator Lynn Ruane, would outlaw trade with illegally Occupied Palestinian Territories. Having passed all stages in the Seanad, it was blocked in the Dáil by the Government with excuses that don’t stand up to scrutiny. In September we published new legal advice again confirming that the Bill is lawful and necessary. The International Court of Justice’s historic Advisory Opinion in July clearly identifies the settlements in Occupied Palestinian Territory as illegal and calls on countries not to entrench that occupation by trading with them. Having pressed the Government into seeking new legal advice from the Attorney General, we welcome the Tánaiste’s announcement that the Government will facilitate long overdue progression of the OPT Bill in the lifetime of this Oireachtas. However we will continue to call for full passing urgent enactment. 

We continue to call for full divestment of Irish public money from companies operating in illegal settlement and urgent suspension of the EU-Israel Association Agreement. No country should receive preferential trading benefits when it is in such flagrant breach of international law.

Arms Embargo Bill

In June, I also introduced an important Arms Embargo Bill. The UN Human Rights Committee has called on all countries to prevent the flow of arms to Israel but the Irish Government continues its longstanding eyes-wide-shut approach to the transit of weapons through our country. In 2023, not one plane was inspected, while 1,000 ‘exemptions’ were granted allowing planes carrying arms and military machinery to pass through the State. The majority were granted to planes from the US and Germany – Israel’s largest arms suppliers. Our Bill would prohibit the granting of exemptions to planes carrying military goods to Israel, either directly or indirectly, and make inspections mandatory. Our Bill would also restrict exports of dual-use goods which can be used as part of the machinery of war. 

Exports of these dangerous goods from Ireland to Israel increased seven-fold over the past year and articles in The Ditch and other media have proven that weapons were being transferred to Israel through Ireland in recent months. While the Government has delayed our Bill, I will continue to press the Minister to use existing powers to stop exemptions and end Irish complicity in the transfer of these deadly weapons while also taking every other action I can to work for human rights, justice and peace.

Ethical Economics

On the Finance Committee, I have been working to advance ethical and sustainable economic policies and better use of public money. I have questioned public officials on the over-reliance on public-private partnerships instead of direct investment in public services. I have scrutinised the Central Bank’s policies regarding investment funding to the fossil fuel industry and illegally occupied territories and pushed the National Treasury Management Agency to fully divest from companies in both these areas. 

I also led scrutiny on the EU Act in Support of Ammunition Production which took €500 million from the EU budget and gave it as a subsidy to the arms industry including companies who are known to supply Israel with weapons. Neither the Department of Finance nor Department of Defence have adequately justified how this use of approximately €17 million in Irish money was consistent with either the EU law or Ireland’s legislation prohibiting investment in cluster bombs or other munitions. 

I pressed for the inclusion of protections to reflect that legislation and prohibit direct or indirect investment in the arms industry as part of the new Future Ireland Fund and Climate and Nature Fund. I also advocated for polluter pays principles and pushed for more funding on climate action and just transition. 

I sought the inclusion of ethical investment clauses in the new Auto-enrolment pension scheme, along with gender and equality proofing of the policy, which is particularly important given the historic and ongoing inequality for women in our pension system. I also highlighted the lack of gender proofing in the new Pay-Related Jobseeker’s Benefit.

Education and Research

I have continued to advocate strongly for proper investment in education at all levels as an essential public good, pushing for improvements in early years education, smaller classes, greater choice in schools and properly resourced higher education. The OECD and the European Universities Association have highlighted how Ireland falls far short of international funding standards. This gap must be closed if we are to have a higher education system fit for the future. 

While the establishment of a Research and Innovation Agency is welcome, the Government’s Research and Innovation Act lacks ambition. In the Seanad, I proposed over 90 amendments to the legislation seeking to increase funding for public research, strengthen the mandate on climate, improve conditions for research workers and ensure parity of esteem between disciplines. 

I led opposition to a dangerous EU Commission proposal to redirect Horizon funding, from a strictly civilian focus, including vital scientific, social and climate research, towards military purposes. 

I will fight any attempt to undermine Horizon in this way and will also be questioning the inclusion of Israel in the next Horizon programme. I have supported the many staff and students in universities across Ireland who have shown solidarity with Gaza, where every university has now been demolished. 

As part of my commitment to strengthening access, equality and diversity in education, I have been working to reduce barriers to entry into graduate- entry medicine courses which are inaccessible due to exorbitant fees. This is unacceptable at a time when the Department of Health has identified the need for an ambitious increase in the number of doctors we are training and crucially retaining.

Climate Action

I continue to push for faster and fairer climate action. Right now, Ireland is falling far short of its emission reduction targets, but it is essential that we still deliver the promised 51% reduction by 2030. We need to scale up rather than downgrade our ambition.

As a member of the Climate Action Committee, I have been examining circular economy strategies, scrutinising the draft National Energy and Climate Plan, promoting just transition and climate justice and challenging government departments to make real changes.

In the Seanad, I won important amendments to the Mayor of Limerick Bill to give that new office a mandate on sustainable development, restoration of nature and biodiversity. I also fought against the expansion of datacentres and the introduction or   fast tracking of Liquified Natural Gas.

My ‘Mandate for Nature’ Bill remains a key focus. I have been meeting with academics, industry experts and environmentalists, all of whom support my proposed change to the mandates of Coillte and Bord Na Móna, from a narrow “cash generative” commercial focus to a wider economic, social and environmental lens.

I have highlighted innovative local climate initiatives while continuing to fight for international climate justice, including payment of Ireland’s fair share of the climate funding owed to developing countries. This autumn, I also hope to publish important new research on the damaging and largely unregulated impact of military emissions on the environment.

Seanad Reform

In response to pressure politically and from the courts, the Government has been forced to take long overdue action on Seanad reform. However, its recently published Bill is flawed and limited with a minimalist approach that falls far short of the spirit of the 1979 and 2013 referendums where people gave a clear mandate for a more open and democratic Seanad. Most notably, it does not deliver universal franchise. It merely widens the pool of graduates entitled to vote on the six university seats but does not give the wider public any right to vote on the forty-three panel seats.

We need real reform of the kind set out in the Seanad Bill 2020, drafted by myself, Senator McDowell and other members of the cross-party Seanad Reform Implementation Group. Our Seanad Bill 2020 would give every adult citizen the right to vote in Seanad elections while also fully meeting the requirements of last year’s Supreme Court ruling. The debates and decisions within the Seanad affect everyone, and everyone should have a say in electing its members.

I was very glad to join the new Seanad Select Committee on Scrutiny of draft EU-related Statutory Instruments which has been established to provide proper parliamentary oversight of exactly how the Government are transposing EU Directives on key issues like gender equality, environment, corporate accountability and workers’ rights. Poor choices or delays can have a real impact on people’s lives and can also lead to major fines. This new Committee has had to overcome challenges but I believe its work can help strengthen our democracy.

Empowering Citizens Online

During the Seanad debate on the Government’s Digital Services Act 2024, I highlighted the potential to do more with the new levy on digital service providers.

In addition to its role in supporting Coimisiún na Meán, this industry levy could, I suggested, support the establishment of a Digital Empowerment Fund to strengthen and empower citizens in their interaction with online search engines and social media platforms.

I am continuing to engage actively with both Ministers Calleary and Martin around the potential establishment of such a fund which could support the scaling up of positive local projects, as well as initiatives to help individuals to challenge disinformation, protect their data and navigate and shape the online space.

Having previously won amendments to strengthen legal regulation of harmful content, I believe it’s also important to equip families and individuals of all ages with knowledge and skills that can empower them to stay safe and assert their rights online.

Planning and Development

The decisions we make about how we want to live together are a fundamental part of democracy. Our planning system should be accountable and participative, supporting sustainable communities and dealing with the most pressing challenges of our time, including the climate and biodiversity crisis and the housing crisis.

The Government’s new Planning and Development Bill is a step backwards, particularly in terms of public participation and access to justice.

Parts of it have already been found to be non- compliant with the EU Aarhus Convention which gives people the right to a say in decisions that affect their environment. The sweeping changes to judicial review, which I challenged in the Seanad, will lead to more confusion, litigation, expense and delays. 

Fast Tracking LNG

I fought particularly hard against the inclusion of terminals for Liquified National Gas (LNG), which can include fracked gas, on the list of “strategic infrastructure” that will be given priority and benefit from a fast- tracked planning process.

Making Ireland a hub for one of the dirtiest and most dangerous fossil fuels during a climate emergency is absolutely indefensible and I will continue to campaign for a ban on LNG with allies across the Oireachtas and civil society

Limiting Local Democracy

While a National Planning Framework has some merit, the Bill also introduces new “National Planning Statements” which give Ministers huge powers to direct policy without proper accountability or oversight. These statements can override Local Development Plans and local democracy is further eroded by a move from 6-year to 10- year plans.

It is unfortunate that the Government did not accept our amendments to name disability rights, Traveller accommodation and the promotion of inclusive intergenerational public and cultural spaces as key considerations at national or local levels. The Bill also undermines protections for rights of way, something I have worked hard to safeguard over recent years.

The debate was guillotined after just a few hours in the Seanad, meaning that hundreds of amendments, including 167 pages of last-minute changes from the Government themselves were not even discussed.

Tackling sexual harassment in the workplace

I was a proud initial co-sponsor of Senator Lynn Ruane’s groundbreaking legislation, the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021.

The Bill aimed to ban employers from using non-disclosure agreements (NDAs) to silence victims of sexual harassment, abuse, and discrimination at work from speaking about their experiences.

I am delighted to report that the Bill has been largely incorporated into Irish law through the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024.  Everyone deserves to feel safe at work. These recently enacted statutory protections represent a key step towards a culture of real accountability in Irish workplaces.

Civil Engagement Group