Results 1,301-1,320 of 11,444 for speaker:Ivana Bacik

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: A figure of €101 may appear nonsensical but under the wording of the section the instalment option will only apply to fines greater than €100. For this reason, a fine of €100 would not attract the power to pay in instalments. As I indicated during the previous debate on the Bill, leaving aside the larger point about the limit, the section should at least use the words "greater than or...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: I have a query on section 16(1)(b). Section 16 amends the Act of 1983 and states it applies to a person who has attained the age of 16 years. Does this mean fines can still be imposed on those under 16, but if they default they will still be imprisoned because the new provisions in respect of community service will not apply? I am not trying to catch anyone out on this, but am not clear...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Ivana Bacik: I am aware of that, which is why I am puzzled by the age of 16 being inserted here, which makes it appear a child between the ages of 16 and 18 may be subject to two parallel regimes. I am trying to ensure there is co-ordination across the legislation and there is no dual regime in place.

Seanad: Business of Seanad. (28 Apr 2010)

Ivana Bacik: I agree with completing Committee Stage now as there is not much left to be done.

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Ivana Bacik: I move amendment No. 58: In page 18, line 16, column 2, to delete "5 days" and substitute "2 days". These amendments try to do the same thing, namely, to change the link between the financial amount and the period of imprisonment. Although I did not get the opportunity to voice this on Second Stage, I have always felt strongly that five days imprisonment is a very severe penalty compared to...

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Ivana Bacik: The Minister said the periods of imprisonment in the table are maximum periods. However, this is not quite clear in section 17(a) which states the court "may make an order committing the person to prison for a term not exceeding the appropriate period of imprisonment specified in the Table". It seems to me that the term "appropriate period of imprisonment" implies that period is a set...

Seanad: Third Level Contract Staff. (28 Apr 2010)

Ivana Bacik: This matter relates to the position of contract researchers in third level institutions. The Minister of State is aware that pay cuts and pension levies have been applied to such staff in third level institutions, despite the fact that they have no permanence or do not have the benefits enjoyed by full-time academics and research fellows. I have referred to their position before and thank...

Seanad: Third Level Contract Staff. (28 Apr 2010)

Ivana Bacik: Section 6 of the Act allows for an exemption to be made, on which the Minister of State focused. I notice that he did not close off entirely the possibility of an exemption being made in the case of externally funded researchers. Therefore, I ask that the use of section 6 be considered to exempt the particular category of externally funded researchers mentioned. It seems unfair to include...

Seanad: Order of Business. (29 Apr 2010)

Ivana Bacik: I call for a debate on prison conditions in the light of the forced resignation this week of the former governor of the Dóchas Centre and in the context of the opening today of the Prison Officers Association conference. On the resignation of the governor of the Dóchas Centre, I do not agree with her apparent equation of lesbianism with bullying and depression. She was quoted in the...

Seanad: Communications (Retention of Data) Bill 2009: Second Stage (29 Apr 2010)

Ivana Bacik: I welcome the Minister of State. The Labour Party broadly welcomes the purpose of the Bill. Ireland is obliged to pass legislation on foot of the 2006 directive. It is unfortunate, however, that the European Court of Justice has found Ireland to be in breach of our obligations due to the delay in transposing the directive. The Minister of State indicated one of the reasons for the delay...

Seanad: Order of Business. (5 May 2010)

Ivana Bacik: I ask the Leader for a debate on foreign policy issues, given the recent reports of atrocities in Chad following the withdrawal of the Irish Defence Forces. Amnesty International has raised the issue which the House needs to debate. I also ask the Leader for a debate on the situation in Sri Lanka which has not received the same level of media attention. A permanent people's tribunal was...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I move amendment No. 1: In page 5, between lines 27 and 28, to insert the following: "(c) The references in this subsection to a designated centre shall include any other suitable place of treatment specified by the Minister for Health and Children.". I welcome the Minister of State, Deputy John Moloney. I thank him for his continuing interest in these issues. We had a very good debate on...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I thank the Minister of State for a full response. I am glad a wider review of the legislation will be undertaken later this year and that the important issue this amendment raises will be dealt with by it. I have a difficulty with the Committee Stage Government amendment to section 3 although I am glad that, in principle, centres other than the Central Mental Hospital may be designated....

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I move amendment No. 2: In page 5, between lines 27 and 28, to insert the following: "(c) The references in this subsection to a court shall not include the District Court.". This amendment would change the definition of "court" to exclude the District Court. This is not just a whimsical exclusion of the court as many professionals, especially psychiatrists, working in the system feel, from...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I thank the Minister of State again for a full response and am glad the matter I have raised will be included in the overall review of the 2006 legislation. I am also glad he referred to Professor Harry Kennedy who has been an immense help in informing me of the workings of the 2006 Act and his excellent court diversion programme. I take the Minister's point that he wants space to examine...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I move amendment No. 3: In page 9, line 7, to delete "A person is in material breach of his or her" and substitute "The clinical director may revoke a". I put this amendment on Committee Stage as well. It is an amendment to section 8. It is somewhat technical but it is to change the language in that the new section 13B, as currently drafted, has an Alice in Wonderland quality about it...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I am grateful to Senator Regan for his points and support. I still believe there is something odd about the wording, as he said. Perhaps it is unnecessary to delete the words "A person is in material breach" but the difficulty arises with the second part of the sentence which states: "Where the clinical director on reasonable grounds believes that...". It is unfortunate that some other...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I move amendment No. 4: In page 10, line 20, to delete "section 13" and substitute "sections 13, 13A, 13B and 13C". This is a technical amendment. I think I mentioned on Committee Stage that it might be necessary. Currently, subsection 8(c) of new section 13B provides that the board may exercise all the powers available to it under section 13. We wondered if that should not also read...

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: No.

Seanad: Criminal Law (Insanity) Bill 2010: Report and Final Stages (5 May 2010)

Ivana Bacik: I move amendment No. 5: In page 11, line 15, to delete "(Insanity)" and substitute "(Mental Disorder)". This is an amendment about which we had extensive debate on Committee Stage, and I am glad Senator Quinn has supported it. Senator Regan also supported it on Committee Stage. It is a more substantial issue. It is about the language we are using in this legislation and it is most...