Results 841-860 of 11,441 for speaker:Ivana Bacik

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: The Minister put a word in my mouth by suggesting I described Garda practice as haphazard. As I stated, Garda practice in dealing with victims of crime has greatly improved and victim satisfaction with the pre-trial and investigation process is greatly enhanced by the goodwill shown by many gardaí in providing information and acting as an informal liaison officer through, for example,...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: The Minister referred to amendment No. 50 and said it simply clarified the law on serving the book of evidence. The current law on it is perfectly clear. The amendment proposes to change rather than clarify it.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I support the amendment. As Senator Regan said, it is very clearcut and simply seeks to put into statutory form the need for the court to be conscious that the victim has confirmed his or her awareness of the risk that disclosing the identity of the offender may result in disclosing the identity of the victim. The practice is that anonymity should remain protected, even where the victim...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: The Minister's reference to the proposed comprehensive sexual offences Bill is very welcome. Many of us have called for a codifying of the law on sexual offences, which is what the Minister proposes. It is both welcome and long overdue. However, in the short time I have been a Member of the House I have noted — I am sure Senator Regan will have seen this too — that where we table...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: Again, I thank the Minister for his full response but I reiterate Senator Regan's point that this amendment is self-contained and would be a change to procedure rather than the substantive law. I welcome that the process to codify the law on sex offences is ongoing. I should have declared my own interests, in that I am looking forward to working with the Office of the Director of Public...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 9: In page 6, line 31, after "person," to insert the following: "or any offence under the Non-Fatal Offences against the Person Act 1997". This is a straightforward amendment. By way of introduction to it, I should say that as I said on Second Stage, I very much welcome the provisions in Part 2 of this Bill and the necessary changes being made to the victim impact...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am very grateful to the Minister who has put the case better than I did in saying there is a small number of offences that are not captured by the current formula in paragraph (b) but which cause emotional distress to victims. I think he accepts in principle that these could or should be covered by the victim impact procedure. I see him nodding in agreement, for which I am grateful....

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 10: In page 7, line 14, after "by" to insert "or on behalf of". This is a technical amendment to section 5(3) of the 1993 Act. The original section 5 provides that, "a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person". The new subsection restates the words a court shall, upon application by the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I thank the Minister and take his point that the amendment is not necessary. I understand that in practice the application is made by counsel for the Director of Public Prosecutions rather than by directly by the victim. I take the point that the formula already captures this practice. The amendment was proposed in the interests of trying to make the procedure clearer and the legislation...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I support the amendment, which clarifies the position in respect of a person with a mental disorder. I am pleased to hear the Minister state the Mental Capacity Bill is being drafted and that he intends to introduce it early next year. I am conscious that my predecessor as one of the University of Dublin Senators, Ms Mary Henry, carried out a great deal of work to try to reform the law on...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 12: In page 7, line 44, after "on" to insert the following: "the person between the commission of the offence and the death of the person and on". The purpose of the amendment is to try to ensure every relevant aspect of the victim impact statement would be covered and that no further flaws or unforeseen gaps would emerge in the provision. I propose the new section...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am conscious of that but there have been Court of Criminal Appeal judgments which have been critical, if only by implication, of the lack of clarity in the current procedures. We wish to ensure the procedures are as clear as possible and as comprehensive as they need to be in the interest of the victims of the offence and the family members.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister for indicating he will consider this matter. It may be that the drafting is not the most elegant and that we should have inserted a proviso stating "where relevant". I take the Minister's point that there is a more general provision in the proposed section 5(3)(b)(ii) which would cover the affect of the offence on a person who died or where there is a time gap...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 13: In page 8, between lines 20 and 21, to insert the following: "(5) Where a person in respect of whom an offence has been committed, or a family member of that person, proposes to give evidence under subsection (3) orally rather than in writing, it shall not be necessary for the court to give any particular direction or warning to that person in respect of his or her...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister and had anticipated what he would say on this issue. As he stated, the difficulty does not arise with the written statements which are given on notice. The difficulty in respect of the O'Donoghue case, on which he has given greater detail, arose because the oral evidence of the mother of the young boy departed from the written statement. I had at the time and...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 15: In page 10, between lines 7 and 8, to insert the following: "(7) This section is without prejudice to the power of a court to receive evidence regarding the effect of an offence, other than an offence to which this section applies, on the person in respect of whom the offence was committed.". I have already referred to this amendment, which is simply a saving...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: In light of that I will not press the amendment.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 16: In page 10, line 44, after "competent" to insert "and suitably trained". This is an amendment to which I made reference in my speech on Second Stage. I am very glad to see greater provision made for children to give evidence through a video link and, under section 6, through an intermediary. This is welcome but I am aware of cases where there have been logistical...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister for clarifying the position but, although training is provided and the Courts Service does a very good job of ensuring those dealing with video link evidence are highly competent and well trained, it may be the case that people in this position are not suitably trained. Given the very sensitive nature of the evidence and the fact that very young children are...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I will not press this amendment and I am grateful to the Minister for his response. There is nothing between our positions and it is a question of whether competent encompasses suitably trained. The court will be satisfied that a person is highly competent but the amendment simply stresses the need for training in this situation.