Results 661-680 of 11,441 for speaker:Ivana Bacik

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I am grateful to Senator Regan for making the very obvious point that 24 hours would be enough time to ascertain whether the premises was a dwelling. The Minister of State's point on the maximum period reminds me of the old saying that housework expands to fill the time available. I do not know whether the Minister of State is familiar with that. Similarly, where there is a power to use...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 6: In page 9, subsection (9), line 29, after "hours" to insert ", or, as the case may be, 12 hours".

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 7: In page 9, subsection (10)(a), line 32, after "hours" to insert "or, as the case may be, 12 hours,".

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I support this amendment, which is a corollary to my amendment. Section 8 appears to provide for a bypass to judicial procedure. Reading the Bill carefully, it is clear in section 1 that tracking devices are a type of surveillance type with a more limited function, because they are only used for the purpose of providing information regarding location. Location and movement are measured by...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: To echo Senator Regan, I take the Minister's point that tracking devices are less intrusive than surveillance devices more broadly. Entry to people's homes is authorised under section 8 to plant and withdraw tracking devices and these devices can be placed for up to four months without judicial authorisation according to this section. I take the Minister of State's point that they could be...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 9: In page 10, subsection (1), line 18, after "section" to insert the following: ", in cases of urgency where the provisions of section 7(2) apply". I will be brief because we have dealt with the substance of this amendment while discussing Senator Regan's amendment. This is a corollary and may be more attractive to the Minister of State because it allows for the current...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I support the amendment. It seems to be a departure from practice to invite a sitting judge to undertake the function of reporting to the Executive and keeping under review particular provisions of the Bill. It is sensible that the power would be instead delegated to a retired judge. I understand this is more commonly the practice in such cases and I urge the Minister of State to consider...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I do not have any objection to the wording but I note the Human Rights Commission made a very useful proposal that this section would be used to allow the relevant Minister to require particular codes of practice to be drawn up relating to the operation of the Bill. I have already referred to the need for some form of code of practice governing the placing and removal of tracking devices. I...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I would oppose the exclusion of the Garda Síochána Ombudsman Commission from the powers provided for in this Bill. Again I am grateful to the Human Rights Commission for providing us with very extensive notes. The commission points out that the functions of the commission include the investigation of complaints concerning the investigation of alleged arrestable offences involving members...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: No.

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I express my appreciation also for the Minister's considered response to the amendments tabled by me and Senator Regan. I welcome the opportunity to debate the Bill. I welcome also the provision of a statutory framework for covert surveillance and tracking devices. Report Stage was rushed through somewhat hastily and we did not have time to table amendments but I accept we had a considered...

Seanad: Order of Business (Resumed) (7 Jul 2009)

Ivana Bacik: I join others in criticising the management of the Order of Business this week and next week. It is not just that we are looking for more time to whinge about particular measures of criminal justice legislation. These are very important items of legislation for victims of crime, for those who may be charged with crimes and for all of us in society. When a previous Minister for Justice,...

Seanad: Order of Business (Resumed) (7 Jul 2009)

Ivana Bacik: On a point of order-----

Seanad: Order of Business (Resumed) (7 Jul 2009)

Ivana Bacik: There are two Bills before us, all Stages of which are to be taken today, as well as Committee and remaining Stages of another Bill. If that is not rushing Bills through, I do not know what is.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Second Stage (7 Jul 2009)

Ivana Bacik: I thank Senator Quinn for sharing time with me. While I welcome the debate on this legislation, I concur with the criticisms expressed by Senators Regan, Quinn and O'Donovan regarding the brief time provided to debate this important Bill. It is a terrible shame that the House is rushing through all Stages in one day, given the significant impact the Bill will have on many people. I have...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Second Stage (7 Jul 2009)

Ivana Bacik: Further, on a point of order, the Leader indicated earlier that there would be a review. I have tabled an amendment, that I had to compile during Second Stage. I do not think the Minister has had time to review my amendment nor the other amendments from the parties. All the amendments have not been circulated.

Seanad: Business of Seanad (7 Jul 2009)

Ivana Bacik: On a point of order, is the Leader saying Report Stage will be taken tonight?

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Ivana Bacik: I understood from the four lists that the first amendment we would take would be amendment No. 1, a Government amendment, followed by Senator Regan's amendment No. a1 and then followed by my amendment No. 1a. If I could take the Chair through those amendments, amendment No. 1 on the Government list mentions page 3, subsection (1), line 12, which comes before Senator Regan's amendment of page...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Ivana Bacik: I wish to support the proposed amendment, which is eminently sensible since it proposes a different regime as an alternative to the sanction of imprisonment being imposed upon a debtor. Rather than imprisonment, it envisages an attachment of income or welfare order that would be made to address circumstances where somebody is unable or unwilling to pay debts. It is in keeping with the...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Ivana Bacik: I am also disappointed at the Minister of State's response to Senator Regan's amendment. It is unfortunate that he is not willing to contemplate some form of attachment of earnings or welfare option within the Bill, given that it purports to improve the situation as far as debtors are concerned and to ensure no further breach of the Constitution in the way the court will deal with debtors....