Results 10,421-10,440 of 11,710 for speaker:Ivana Bacik

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: The appropriate way to deal with this might be to delete the words "greater than" because the more I think about this the more I believe it would be open to challenge. A common law sentencing must be exercised in a reasonable manner. If a court is being told it can devise what would be an otherwise appropriate fine without regard to financial circumstances, when it would examine the...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: I do not want to delay the passage of the Bill but given that it is now 4.15 p.m. and that we still have a considerable number of amendments with which to deal, it may not be possible to get through Report Stage.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: We all would; we are all anxious to get it on the Statute Book sooner rather than later but we want to make sure it is effective legislation.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: I move amendment No. 40: In page 13, lines 34 and 35, to delete subsection (8). This was raised in the Dáil and I also raised it on Second Stage. The purpose of this amendment is to delete the subsection which imposes a limit and states that it should apply only to fines greater than €100. Overall, we very much welcome this section and the power to pay fines in instalments. It will be...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: With respect, that is not an appropriate response. To state it would impose an undue burden on the Courts Service rather than refer to any principled reason for this limit does not seem to be an adequate answer. We may see courts' discretion being fettered because a judge will know a fine of less than €100 cannot be paid in instalments. We might reach a very unsatisfactory outcome where...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: Senator Regan raised a point I should have mentioned in response to the Minister's reference to road traffic cases. That conjures up a very different picture of somebody who, as Senator Regan said, owns a car and, therefore, has some means. In that situation, it may well be that most of the fines are more than €100. My experience of cases where fines are imposed are not in the road...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: As I stated, I do not accept administrative expediency as a reason for imposing what I would describe as an arbitrary limit of €100 and for this reason, I will press the amendment. There does not appear to be any good reason for providing that the power to pay in instalments will apply only to fines of €100 or greater. This approach will lead to hardship and have the unfortunate outcome...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: A figure of €101 may appear nonsensical but under the wording of the section the instalment option will only apply to fines greater than €100. For this reason, a fine of €100 would not attract the power to pay in instalments. As I indicated during the previous debate on the Bill, leaving aside the larger point about the limit, the section should at least use the words "greater than or...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: I have a query on section 16(1)(b). Section 16 amends the Act of 1983 and states it applies to a person who has attained the age of 16 years. Does this mean fines can still be imposed on those under 16, but if they default they will still be imprisoned because the new provisions in respect of community service will not apply? I am not trying to catch anyone out on this, but am not clear...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: I am aware of that, which is why I am puzzled by the age of 16 being inserted here, which makes it appear a child between the ages of 16 and 18 may be subject to two parallel regimes. I am trying to ensure there is co-ordination across the legislation and there is no dual regime in place.

Seanad: Business of Seanad. (28 Apr 2010)

Ivana Bacik: I agree with completing Committee Stage now as there is not much left to be done.

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Ivana Bacik: I move amendment No. 58: In page 18, line 16, column 2, to delete "5 days" and substitute "2 days". These amendments try to do the same thing, namely, to change the link between the financial amount and the period of imprisonment. Although I did not get the opportunity to voice this on Second Stage, I have always felt strongly that five days imprisonment is a very severe penalty compared to...

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Ivana Bacik: The Minister said the periods of imprisonment in the table are maximum periods. However, this is not quite clear in section 17(a) which states the court "may make an order committing the person to prison for a term not exceeding the appropriate period of imprisonment specified in the Table". It seems to me that the term "appropriate period of imprisonment" implies that period is a set...

Seanad: Third Level Contract Staff. (28 Apr 2010)

Ivana Bacik: This matter relates to the position of contract researchers in third level institutions. The Minister of State is aware that pay cuts and pension levies have been applied to such staff in third level institutions, despite the fact that they have no permanence or do not have the benefits enjoyed by full-time academics and research fellows. I have referred to their position before and thank...

Seanad: Third Level Contract Staff. (28 Apr 2010)

Ivana Bacik: Section 6 of the Act allows for an exemption to be made, on which the Minister of State focused. I notice that he did not close off entirely the possibility of an exemption being made in the case of externally funded researchers. Therefore, I ask that the use of section 6 be considered to exempt the particular category of externally funded researchers mentioned. It seems unfair to include...

Seanad: Order of Business. (27 Apr 2010)

Ivana Bacik: I welcome the debate scheduled for this afternoon on women's participation in politics and thank the Leader for at last acceding to the request from me and many other Members for such a debate. I am delighted the debate will take place today and look forward to debating, in particular, the recommendations of our sub-committee's report on women's participation. I am aware the former...

Seanad: Women's Participation in Politics: Statements. (27 Apr 2010)

Ivana Bacik: It is 22%.

Seanad: Women's Participation in Politics: Statements. (27 Apr 2010)

Ivana Bacik: It is 13% in the Dáil and 22% in the Seanad.

Seanad: Women's Participation in Politics: Statements. (27 Apr 2010)

Ivana Bacik: I welcome the Minister of State, Deputy Mary White, and welcome, in particular, her personal interest in this matter. I also welcome to the Gallery representatives of very many groups that have had a long-standing interest in this area, in particular, the National Women's Council, the Dublin Rape Crisis Centre, the Irishwomen Lawyers Association, women from Trinity College gender studies...

Seanad: Women's Participation in Politics: Statements. (27 Apr 2010)

Ivana Bacik: This legislation must be introduced as a matter of urgency. Experience elsewhere shows that, unless some quota is introduced, we will not change. The status quo has been stuck at 13%-14% of women's representation in the Dáil for a long time. The Seanad is better at 22%, 13 women out of 60, but the ranking on which we are being measured is done on the basis of the lower or single house of...