Results 9,801-9,820 of 11,441 for speaker:Ivana Bacik

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I was glad to hear the Minister state that he consulted the Parliamentary Counsel on this. There is a significant difference between the terms "opinion" and "suspicion". In criminal law, opinion evidence means something very specific and relates to expertise and a certain level of knowledge whereas suspicion requires a much lesser degree of knowledge or expertise. When talking about...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: Without labouring the point, if the words "or suspicion" were included, there would be no need to define an opinion as it would be very clear that it was not a view formed with a great deal of information but also a view formed with a lesser degree of information. It would be appropriate to include "suspicion", given that section 8A(1)(a) of the principal Act would make it clear persons are...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I concur with Senator Regan. In subsection (5) a reference is made to an employee "having formed an opinion". This requires that the person has done a certain amount of work in coming to an opinion, which is rather different from having come to a suspicion. On whistleblower protection, it occurred to me that one specific act of whistleblowing by a midwife in a maternity hospital prevented a...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: They were afraid to speak out.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: If I may clarify the issue for the Senator, I was referring to general protection for whistleblowers and pointing out that whistleblowers in the health service and hospitals may fall between the gaps of the specific statutes to which the Minister referred. That is the problem with the sectoral approach. I was not referring to the opinion-suspicion issue.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: No.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: Senator Regan has put it very well by saying the Minister's wording places the onus on the whistleblower to be sure of his or her ground before making allegations. He pointed out, rightly, that it was the culture of non-disclosure of sexual abuse in institutions that led to so much suffering for so many children for so long. In Ireland more generally there has been a culture of...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: Political corruption. In all these areas there has been a culture of non-disclosure and in the past an absence of any sense of protection for whistleblowers. The Minister is right. We must have a balance and the good name of people must be protected. The balance went far too much the other way, however, and against giving any protection to a whistleblower who discloses in good faith. The...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: When I read the wording again, I was sure-----

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: To include "suspicion" as well as "opinion" would make it clear that the whistleblower does not have to be absolutely certain before making a disclosure but neither can he or she make misleading or frivolous allegations. I say to the Minister, with respect, that to include "or suspicion" would create a better and more encouraging perception for whistleblowers and potential whistleblowers.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I would not press it if I thought the Minister would take the debate seriously and would consider the issue between now and Report Stage. He said he-----

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I accept the Minister said that but I note from the Order Paper that Report Stage is to take place immediately after Committee Stage.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I do not suggest the Minister knew that. I am informing the House of it. I do not believe Senator Norris was aware of this either.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I do not suggest the Minister knew it.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Ivana Bacik: I would be happy to withdraw the amendment if I thought there would be a gap between Committee and Report Stages in order that the Minister might be in a position to consider it. There has been a full debate on the amendment. The matter was put in the other House but the debate there was not so full.

Seanad: Business of Seanad (1 Dec 2010)

Ivana Bacik: Is the acting leader in a position to say whether we can take a gap between the two Stages?

Seanad: Business of Seanad (1 Dec 2010)

Ivana Bacik: I will press it if we are to take all Stages now but will press it on Report Stage if that is to follow shortly.

Seanad: Business of Seanad (1 Dec 2010)

Ivana Bacik: I am grateful to the Acting Leader for that but I would like to know what type of gap he intends before I agree to it.

Seanad: Business of Seanad (1 Dec 2010)

Ivana Bacik: To be fair, we would need to take Report Stage on a different day if the Minister wishes to take advice. We would need to put it on a different day, to be fair.

Seanad: Business of Seanad (1 Dec 2010)

Ivana Bacik: It will be very quick but I would be grateful if the matter could be dealt with next week on Report Stage.