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Seanad: Order of Business (6 Jul 2016)

Ivana Bacik: It is Labour Party Private Members' time later, for which I thank the Leader. We are taking Committee Stage of the Competition (Amendment) Bill 2016, which passed Second Stage last January. I thank colleagues on both sides of the House for expressing support to me for the principle underpinning the Bill and for supporting the passage of the Bill on Committee Stage. It seeks to amend...

Seanad: Order of Business (6 Jul 2016)

Ivana Bacik: The Leas-Chathaoirleach is correct and I apologise. However, where somebody of the stature of the chairman designate is forced to step down because Fianna Fáil and Fine Gael have caved into the bully-boy tactics of Deputy Paul Murphy and the AAA-PBP-----

Seanad: Order of Business (6 Jul 2016)

Ivana Bacik: -----that smacks of crude populism.

Seanad: Order of Business (6 Jul 2016)

Ivana Bacik: I doubt whether anyone will be willing to take on this poisoned chalice.

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: I welcome the Minister, Deputy Mitchell O'Connor, to the House. I also welcome the opportunity to debate this Private Members' Bill, which the Labour Party group of Senators introduced on Second Stage on 20 January of this year. On that date, it was not opposed on Second Stage by the then Minister, Deputy Richard Bruton. We have now brought the Bill back on Committee Stage and it is...

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: I will make a few points in response before we move to section 2. I welcome the broad support for the Bill expressed so far by colleagues and I thank them all for their kind comments. I should say in response to Senator Craughwell I do not want to take the credit for drafting the Bill. It was the product of a number of people, and I mentioned Deputy Stagg, who first published it in 2012....

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: I will speak briefly about section 2, given that we have addressed the main purpose and context of the Bill. I wish to consider briefly the provisions included in section 2 which constitute, as I said, the substance of the Bill which seeks to create an exemption from the provisions of the Competition Act 2002. If colleagues have the Bill before them, they will see that we start in...

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: Senator Nash has rightly raised the important issue of the Government's appearance before the ILO in June. I share his concern and those of many in the trade union movement about the statements made in respect of this issue prior to the ILO hearing. In particular, it is important that Ireland cannot argue that following interpretation of EU rules, it is exempt from ILO conventions. It is...

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: I thank the Minister for her response and accept she does not have the text of the amendments before her. I look forward to working constructively with her and her officials, who are working hard on this, to ensure we can achieve amendments agreeable to every Member but mindful that they would not unduly narrow the exemption of the Bill.

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: Section 3 is ancillary to section 2. It relates to section 4 of the Competition Act 2002 and seeks to provide for an application to a scheme for payments out of public funds by a public body to members of a profession. It concerns instances where the Government makes a declaration a public interest in negotiating a collective agreement on a national level with an organisation representative...

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: Our concern would be that the amendments would not undermine the Bill’s specific purpose, namely, to protect vulnerable self-employed persons. We will await the actual text of the amendments to see what position we will take on them.

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: Section 4 makes standard provision for the Short Title and collective citation of the Bill. It cites the Bill as amending the Competition Act 2002 and that it may be cited together with the Competition Act 2002 as one Act.

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: In light of the comments made by colleagues on both sides of the House, while commencement orders are routine, our concern would be that it would not be used to delay the enactment and implementation of the Bill. We are all conscious of Acts, for example, the Charities Act, where there have been significant delays in the commencement of particular provisions. We do not want to see that...

Seanad: Competition (Amendment) Bill 2016: Committee Stage (6 Jul 2016)

Ivana Bacik: On the first sitting day after the recess.

Seanad: Proceeds of Crime (Amendment) Bill 2016: Committee and Remaining Stages (7 Jul 2016)

Ivana Bacik: I move amendment No. 3:In page 4, between lines 36 and 37, to insert the following:“(8) Where property is seized and detained under subsection (1) or (2), an application to the Court for an interim order or an interlocutory order in respect of the property shall be made by the bureau officer concerned as soon as he or she has enough evidence to make such an application.”. I...

Seanad: Proceeds of Crime (Amendment) Bill 2016: Committee and Remaining Stages (7 Jul 2016)

Ivana Bacik: I thank the Minister of State for his reply. I am grateful to his officials for engaging with me on this issue and indicating they would engage with the CAB on this amendment. The Minister of State said they had done so. We support the Bill absolutely. On Second Stage we all expressed our strong condemnation of the dreadful events of recent weeks and months, the shootings and the extent...

Seanad: Proceeds of Crime (Amendment) Bill 2016: Committee and Remaining Stages (7 Jul 2016)

Ivana Bacik: It is property on premises that is in question.

Seanad: Proceeds of Crime (Amendment) Bill 2016: Committee and Remaining Stages (7 Jul 2016)

Ivana Bacik: To put the record straight, we simply want to make the legislation as robust as possible. We are approaching this in a constructive manner so, of course, I put the amendment down in good faith. Undoubtedly, there are already people who, under existing legislation, are caught up in the sort of applications we are talking about. Clearly, there is at present a right of recourse to the court,...

Seanad: Proceeds of Crime (Amendment) Bill 2016: Committee and Remaining Stages (7 Jul 2016)

Ivana Bacik: A number of us spoke on Second Stage in favour of the principle of the amendments that have been ruled out of order, that being, the funds raised should be ring-fenced for the disadvantaged communities that have suffered the most from the sorts of organised crime that we are discussing. This is in keeping with the broader issue, namely, that criminal justice measures are not enough on their...

Seanad: Proceeds of Crime (Amendment) Bill 2016: Committee and Remaining Stages (7 Jul 2016)

Ivana Bacik: I move amendment No. 11:In page 6, between lines 14 and 15, to insert the following:“Certain payments not to be proceeds of crime 7.The Principal Act is amended by the insertion of the following section after section 15:“Certain payments not to be proceeds of crime 15A.(1) Subsection (2) applies if by any enactment to be passed it is provided that a person who pays or gives...

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