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Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I move amendment No. 4: In page 8, line 48, to delete "A person is in material breach of his or her" and substitute "The clinical director may revoke a". This amendment relates to the provision in section 7 that inserts new sections 13A and 13B in the 2006 Act. As drafted, section 13B(2) states, "A person is in material breach of his or her conditional discharge order where the clinical...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: While I take the Minister of State's point that it might have an effect on some of the other provisions, it might be more accurate and honest for the clinical director to be obliged to take responsibility for revoking the conditional discharge order. Under the wording I have tabled, the position would be more honestly stated. On the section as drafted, it appears as though the private belief...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: Yes. I thank the Minister of State.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: Yes. Amendment, by leave, withdrawn. Question proposed: "That section 7 stand part of the Bill."

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: Before we move away from section 7, I have something general to say regarding section 13B. On Second Stage, I stated my full support for that section. It is also supported by everyone working in the field. The idea of a conditional discharge has often been suggested since the passing of the 2006 Act, so this is an important and welcome change. I wish to put down a marker for Report Stage....

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I have a further technical point to raise about section 7. On page 10 just before the new section 13C, the Bill states: "the Board may exercise all the powers available to it under section 13 in relation to that patient". Should this provision not also refer to sections 13A and 13B? The current provision might not be appropriate.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I am referring to line 9 on page 10. It is a drafting point that I did not notice previously, so I apologise for not raising it in an amendment.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I thank the Minister of State. Question put and agreed to. SECTION 8. Government amendment No. 5: In page 10, line 38, after "Schedule 2" to insert "to the Act of 2006".

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I thank the Minister of State for adopting this Labour Party amendment to redress an omission in the section. Amendment agreed to. Section 8, as amended, agreed to. Section 9 agreed to. SECTION 10.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I move amendment No. 6: In page 11, subsection (1), line 8, to delete "(Insanity)" and substitute "(Mental Disorder)". I raised this issue on Second Stage when I discussed the way in which the philosophy of the law on the treatment of persons with mental disorders in the criminal system has evolved. Generally speaking, the treatment of persons with mental illness has moved from an...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I thank the Minister of State for his response. I know the 2006 Act had a long gestation period. It is a shame that, during that period, a better term was not found to replace the term "insanity". I accept what the Minister of State says about mental disorder. That may not be the appropriate term because it may lower the threshold of guilt. I am well aware of the genesis of the defence...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I thank the Minister of State. Amendment, by leave, withdrawn.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

Ivana Bacik: I move amendment No. 7: In page 11, between lines 9 and 10, to insert the following subsection: "(2) The Act of 2006 and this Act may be cited together as the Criminal Justice (Mental Disorder) Acts 2006 and 2010.". Amendment No. 7 makes the same point. Its purpose is to ensure that the 2006 Act will be referred to in future as a part of a number of Acts to do with mental disorder rather...

Seanad: Insurance Industry: Statements (1 Apr 2010)

Ivana Bacik: I welcome the Minister of State. I am pleased to have an opportunity to contribute to this debate. As others said, the events of last Tuesday, 30 March, represented the catalyst for this debate. On that dark day for us all, the Minister for Finance disclosed the extent of the public debt and the amount of money that would have to be poured into Anglo Irish Bank and other banks. It was...

Seanad: Order of Business. (31 Mar 2010)

Ivana Bacik: I also welcome the fact that we are having a debate on banking, given that there is only one issue in the public mind today, as evidenced by the headlines, that is, the enormous amount of money we are pouring away to keep the banks afloat, particularly the zombie bank known as Anglo Irish Bank. The same questions are being asked by everybody: why are we doing this and how much more do we...

Seanad: Order of Business. (31 Mar 2010)

Ivana Bacik: The real fear is that there will be even more required. If Anglo Irish Bank keeps demanding more money from us, it will turn out that an orderly wind-down would have been a far better and more cost-effective way of dealing with this zombie bank. I agree with Senator McDonald that this is an issue of justice as much as of finance. People want to see accountability and feel, in particular,...

Seanad: Domestic Violence: Statements. (30 Mar 2010)

Ivana Bacik: Hear, hear.

Seanad: Domestic Violence: Statements. (30 Mar 2010)

Ivana Bacik: I am pleased the House has been afforded an opportunity to have this debate on domestic violence as it has been sought by many of us for some time. I am delighted to welcome the Minister of State and pleased that she has been given the new portfolio of equality. As Senator Ó Brolcháin noted, it is welcome that domestic violence comes within her remit. I look forward to engaging with her,...

Seanad: Order of Business. (30 Mar 2010)

Ivana Bacik: I wish to support Senator Mullen's call for a debate on a change in the law on mental capacity following the disturbing news of a young woman with Down's syndrome who was precluded from giving evidence. That was a very disturbing report. We heard an announcement yesterday by the Law Reform Commission of recommendations on reforming the law on juries, but we also need to revisit some aspects...

Seanad: Order of Business. (30 Mar 2010)

Ivana Bacik: The Leader will be conscious that a number of Members raised the issue of those unfortunate people queuing for passports outside the Passport Office. The Labour Party and others had called for the suspension of the CPSU action to facilitate members of the public who were not in any way responsible for the crisis in the public finances and to ensure they would not be disadvantaged in this...

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