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Seanad: Tributes to Member of Staff (2 Dec 2010)

Ivana Bacik: I join others in paying tribute to Shay Byrne on the occasion of his retirement as Head Usher and on behalf of the Labour group I extend my thanks for the calmness, efficiency and good humour which he brought to his work over many years. I had a very positive experience of Shay's incredible problem-solving skills and can-do approach when I organised a day for former and current women Members...

Seanad: Order of Business (2 Dec 2010)

Ivana Bacik: I echo the praise of my colleagues for those who are contributing to their communities during this terrible weather and who are keeping essential public services running. We all hope we will get through the weather crisis, if not the financial crisis, within the next few days. While I welcome the debate we will have later today on the content of the EU-IMF programme, we also need a debate on...

Seanad: Order of Business (2 Dec 2010)

Ivana Bacik: We are disgusted.

Seanad: Lost at Sea Scheme: Motion (1 Dec 2010)

Ivana Bacik: Is it possible to change the tellers after they have been announced?

Seanad: Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages (1 Dec 2010)

Ivana Bacik: I move amendment No. 1: In page 5, line 21, after "opinion" to insert "or suspicion". We had a full debate on these amendments on Committee Stage and I do not propose to go back over all of it. We have a different Minister of State in the House - he is welcome - and I should mention that the aim of these two amendments is to widen the protection to whistleblowers and encourage potential...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages (1 Dec 2010)

Ivana Bacik: I am grateful to the Minister of State for giving a full response. I am also glad the Minister has consulted further and impressed that a mini-conference with the Attorney General was held at lunchtime. I still contend, however, that opinion is not the same as suspicion because while an opinion may encompass suspicion, it amounts to more than a suspicion. The requirement to have more than...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages (1 Dec 2010)

Ivana Bacik: I move amendment No. 2: In page 6, line 9, after "opinion" to insert "or suspicion".

Seanad: Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages (1 Dec 2010)

Ivana Bacik: I add my voice to that of Senator Regan in thanking the Minister of State, Deputy Moloney, the Minister, Deputy Dermot Ahern, and his officials for their work on the Bill. We supported the Bill in the Dáil and in this House. As Senator Regan said, it effectively implements and fulfils our international obligations. I am grateful to the Minister for accepting two of my amendments on...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Ivana Bacik: I strongly support Senator O'Toole's amendment on including trade unions on the list of those who may make representations. Given section 15 is the provision which requires ComReg to consult publicly in performing its functions in regard to postal services, it seems extraordinary that the relevant unions are not explicitly included within the list of interested parties. Senator O'Toole...

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

Ivana Bacik: I appreciate what Senator Mullen is seeking to do with these amendments which is similar to what I was trying to do, namely, ensure adequate protection for whistleblowers who disclose in good faith. However, I am not sure that removing the relevant words and making the test one of knowing something to be false and excluding the test for recklessness would be the best way to proceed. The...

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

Ivana Bacik: No.

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

Ivana Bacik: I agree that there is a difficulty in respect of recklessness. In our criminal code it is clear a different form of mens rea applies. On the other hand, we are referring to civil liability, particularly in the context of section 4(1)(a). A balance has been struck.

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

Ivana Bacik: I move amendment No. 4: In page 5, line 41, to delete "has committed or is" and substitute "may have committed or may be". The Minister indicated he will accept the amendment along with amendment No. 2.

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

Ivana Bacik: I understand the break was agreed to enable the Minister to revisit an amendment that I had proposed.

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

Ivana Bacik: I am withdrawing my amendment.

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

Ivana Bacik: On a point of order, I sought time for the Minister to consider my first amendment. As he subsequently accepted my amendments Nos. 2 and 4, I am happy to withdraw entirely amendments Nos. 1 and 5. As a result, I do not think we require to take Report Stage at 7 p.m.

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.

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