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Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I object to being singled out like that.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: It was a general opposition to the Senator's motion.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I never said it was. I was speaking about a different section.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I did not. My argument is being misrepresented by Senator McDowell. I never entered the debate on section 22. My point about section 21 absolutely stands. That presumption is very much similar.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I wish to correct the record. Senator McDowell is suggesting I made an argument I did not make. I entirely agree with him that section 22 is very different. Its phrasing is different. Section 22 was added in the Dáil, and we did not debate it in the Seanad, so it is entirely different to section 21.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I did not make any argument earlier about section 22. The point I was making was about section 21. I entirely agree with Senator McDowell that these are entirely different provisions. They are entirely different offences and the format of section 22 is very different. However, I take issue with the fact that he is suggesting, I think, that section 22, despite concerning an offence by a...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: In section 22 the Oireachtas is clearly displacing the normal statutory interpretation rule by providing explicitly that a civil standard of proof must be adhered to by the defendant there. Reading it again it is correct to say that section 22 imposes a heavier burden and obligation on the defendant because it requires that they prove on a balance of probabilities that they were reasonably...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I was right about section 22, was I not?

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: We could have this debate all night. I want to make one very simple point. These are two separate offences, which are separately drafted. I have already pointed out to Senator McDowell that in section 22 the burden is heavier on the person in authority to raise a defence - I am right about that - than the defence available in section 21 or the onus on the prosecution in section 21. It is...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: It is not my report.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I wish to repeat how strongly I support this section and section 25, which we extensively debated on previous occasions in the Seanad. I am listening carefully to what colleagues say, particularly those who did not have an opportunity to speak in the previous Seanad. I hope those who have expressed doubts have looked at the justice committee report from June 2013, which was a report of the...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I did not interrupt Senator McDowell.Senator McDowell suggested that, in some way, the sellers of sexual services who are not currently criminalised would become criminalised under this legislation but that is not the case. In fact, the seller will be decriminalised. In respect of his argument on aiding and abetting, Senator McDowell referred to the Petty Sessions (Ireland) Act but one...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Ivana Bacik: I am glad Senator McDowell agrees because it is indefensible. The current law on prostitution is indefensible. The vast majority of those appearing before the courts are people who are selling sex, usually women, who are the most visible and the most easily targeted by gardaí. They are, of course, prosecuted for the offences of loitering, soliciting and a failure to move on and so...

Seanad: Civil Liability (Amendment) Bill 2017: Second Stage (8 Feb 2017)

Ivana Bacik: I welcome the Tánaiste to the House and echo Senator Conway's welcome of the passage through the Dáil of the sex offences Bill, which I look forward to being before the Seanad next week. I hope that the Bill's reform of prostitution law will be brought into effect swiftly, as per the justice committee's recommendation. I commend the Tánaiste in that regard. On behalf of the...

Seanad: Order of Business (7 Feb 2017)

Ivana Bacik: I welcome the announcement that the Government is establishing a commission of inquiry into the allegations of a campaign within the Garda to discredit whistleblowers within the force. I know that announcement has been made following a Cabinet meeting today. It is in keeping with the recommendation made by Mr. Justice Iarfhlaith O'Neill in his inquiry earlier last year. I call on the...

Seanad: Order of Business (7 Feb 2017)

Ivana Bacik: I hope we will see the US justice system, in which I have great faith-----

Seanad: Order of Business (7 Feb 2017)

Ivana Bacik: -----as I am sure everyone does, upholding the decisions of the lower courts, and seeing therefore the joyful scenes in which people were reunited at the weekend and people were able to travel. We would love to see those being replicated, and not the absolute chaos, confusion, distress and trauma for so many people as a result of the restrictions.

Seanad: Order of Business (7 Feb 2017)

Ivana Bacik: There is huge human trauma caused by this sort of chaotic announcement of the restrictions, apart from the content of them. I renew a call to the Leader for a debate on Syria. Perhaps in all the international news about President Trump, the international news focus has gone off Syria. This week, Amnesty International accused the Syrian regime of hanging 13,000 people at an infamous prison,...

Seanad: Convictions for Certain Sexual Offences (Apology and Exoneration) Bill 2016: Second Stage (1 Feb 2017)

Ivana Bacik: I welcome the Minister of State, Deputy Stanton, to the House. I commend my colleagues in the Labour Party group, Senators Nash and Ó Ríordáin, on proposing and seconding this important Bill. I am very proud to stand as leader of the Labour Party group and speak in support of these proposals. There is no need for discord in this debate because we are all on the same side,...

Seanad: Order of Business (31 Jan 2017)

Ivana Bacik: I join others in congratulating Mr. Martin Groves on his appointment as Clerk of the Seanad. It is well deserved and I look forward to working with him. I join other speakers in recording my strong condemnation and that of the Labour Party of the executive order issued by President Trump.Along with many thousands of others in this city, I marched on 21 January as part of the women's march...

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