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Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 16: In page 22, between lines 42 and 43, to insert the following: "(III) the person to whom the application relates and any legal representative (whether of that person or the applicant).".

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 17: In page 23, to delete lines 42 to 46. These amendments are grouped together because they all seek to do the same thing with regard to three different detention powers in sections 21, 22 and 23. In all three cases, the amendments seek to delete the Minister's provision stating that no issue as to the lawfulness of the arrest or detention of the person may be raised at...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I am grateful to the Minister for giving a little more detail. He referred to the Keating case in 1990, but I am aware of more recent cases. In the Bernie case - I was involved also in a related case - one of the reasons the Court of Criminal Appeal objected to a challenge to the jurisdiction of the Special Criminal Court was because the accused has not raised the point concerning the...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: No, it is before being charged. We are concerned with the pre-charge period.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: In response to Senator Walsh, who I think was seeking to attack me, although I am not sure, it is utterly wrong to start once again personalising the debate and suggesting that people who are raising valid issues-----

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: We are all equally outraged at the horrific murders of people such as Shane Geoghegan, Roy Collins and Wayne Doherty.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: We all recognise that the rights of their families need to be protected.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: We all share the goal of tackling gangland and organised crime. I have done a great deal of research-----

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: -----and work on behalf of victims of crime and some of this work has fed into legislative change on behalf of victims of crime. I resent deeply any suggestion that those on this side of the House who raise valid criticisms of legislation before the House, which are not just technicalities, are somehow soft on crime or less concerned about victims' rights. I wish to put this on the record...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: Yes. Question, "That the words proposed to be deleted stand," put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 19: In page 25, subsection (1), lines 25 and 26, to delete paragraph (a). This refers to the detention powers in the Criminal Justice (Drug Trafficking) Act 1996, which we have already discussed. This amendment is to retain the requirement that a chief superintendent be involved in the detention rather than reducing the requirement, as the Minister's provision does, to...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 22: In page 26, lines 17 to 19, to delete all words from and including ", including" in line 17 down to and including "applicant)" in line 19. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 23: In page 26, between lines 26 and 27, to insert the following: "(III) the person to whom the application relates and any legal representative (whether of that person or the applicant).".

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 24: In page 27, to delete lines 44 to 48. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 28: In page 30, lines 26 to 28, to delete all words from and including ", including" in line 26 down to and including "applicant)" in line 28. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 29: In page 30, between lines 35 and 36, to insert the following: "(III) the person to whom the application relates and any legal representative (whether of that person or the applicant).".

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 30: In page 32, to delete lines 1 to 5. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I will be brief because I have already referred to my opposition to this provision, which will change the way in which the search warrant procedure is dealt with in court. It is a sweeping provision which states, "An application under any enactment to a court, or a judge of a court, for a search warrant shall be heard otherwise than in public.", and which we should not pass lightly. Section...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: While I am willing to accept that this might be a real concern in respect of cases involving organised crime, section 26 goes beyond the range of organised crime offences and applies to every search warrant applied for under any enactment. In my opinion, the provision is too broad.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I also support this. Many Members have made the point that this Bill was guillotined on Second Stage, leaving many who wished to contribute on that Stage unable to so do. However, given that Second Stage and Committee Stage took place on the same day, at the very least Members should wait until tomorrow before taking Report Stage.

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