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Seanad: Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (14 Jul 2010)

Ivana Bacik: I understand that.

Seanad: Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (14 Jul 2010)

Ivana Bacik: I apologise to the Minister of State who is not responsible for what has happened. However, it is impossible to participate in debate when one cannot rely on the monitors we all use when we are not present in the House. I understand group 9 amendments have to do with An Bord Pleanála membership, oral hearings and fees. Generally we see much of this Bill as being progressive in import, but...

Seanad: Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (14 Jul 2010)

Ivana Bacik: I take the point being made by Senator Norris that this is also relevant to group 11 and will wait to speak further on it when we reach that group. Having made the point, it is unfortunate we are faced with pressure to complete this. I know we are short of time and that this is the last sitting day. I do not want to lay the issue at the Minister of State's door, but it is most unfortunate...

Seanad: Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (14 Jul 2010)

Ivana Bacik: I echo what Senator Norris has said on the issue of cost recovery and on section 33. I agree it gives cause for concern. It is about how the Bill is implementing the provisions of the directive. There is a concern and it has been raised with me by environmentalists and others that the Bill may be in breach of the provisions of the Aarhus Convention guaranteeing access to justice because of...

Seanad: Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (14 Jul 2010)

Ivana Bacik: I thank the Minister of State for taking the time to respond on the arguments made by Senator Norris and me. The provision may have a chilling effect, even though this is not the intention of the Minister of State. Subsection (4) which changes the entitlement of the court to award costs in favour of a party significantly raises the bar in terms of when costs can be awarded. I do not...

Seanad: Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (14 Jul 2010)

Ivana Bacik: For litigants, more importantly.

Seanad: Criminal Procedure Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages (13 Jul 2010)

Ivana Bacik: I thank the Minister and his officials. As he stated, this is an important Bill which makes significant procedural changes to our criminal law, in particular the new rules on retrials. Some of the changes it makes are very welcome. I echo the Minister's words on the need to ensure there is adequate protection for the rights of victims. The new provisions on victim impact statements are to...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: Thank you.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: I move amendment No. 6: In page 14, subsection (2)(c), lines 33 to 35, to delete subparagraph (ii), and substitute the following: "(ii) prior to the death had ever been ordinarily resident in the State for a period of one year.". This amendment, which was, I understand, tabled on Report Stage in the Dáil, responds to submissions we received. Its purpose is to address injustices that are...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: I am grateful for the Minister's considered response, in light of which I do not propose to press the amendment.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: I move amendment No. 7: In page 15, subsection (1), line 27, after "into" to insert the following: "(including a relationship entered into prior to the commencement of this section)". Section 5 relates to recognition of registered foreign relationships. The amendments are all aimed at strengthening this provision. The first amendment is a simple statement that the provisions will cover...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: On my behalf and on behalf of the Labour Party, I oppose these amendments. We have already discussed the same concept in amendment No. 1.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: I do not see how that could be. Apologies, a Leas-Chathaoirligh. I do not see one of my amendments in the group.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: Amendment No. 76 is mine. It is not in this group.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: There are none of mine in the group. These amendments are all aimed at doing the same thing, which is, essentially, undermining the thrust of the legislation. We oppose that. I have already put on record my objection to them. To make the proposed amendments would be to downgrade the status of civil partnership. They are illogical because the provisions they are attempting to amend are...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Ivana Bacik: I move amendment No. 3: In page 14, before section 3, to insert the following new section: 3.—For the purposes of this Act, a reference to the presence of any person in the State or co-habitation in the State shall include presence or co-habitation while abroad in the service of the State.". As this amendment was tabled on Report Stage in the Dáil, I will not press it here. It is to...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: I support these two amendments which are related in their purpose. We have already put to the Minister the need to ensure the rights of children are protected in this legislation. I know he has said he will not accept the amendments at this stage. I am glad to hear him say, however, that he will adopt a composite response to the needs of children, as part of a more comprehensive review of...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: It may have been. I am not sure who it was. The amendment covers many issues. It would be worthwhile for the Minister to examine it in a broader context because it would give rights to a child beyond a civil partnership. It would amend the Guardianship of Infants Act 1964 to ensure the acquisition of guardianship by a step-parent, regardless of whether that person is "a person who is...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: I do not want to prolong the debate either but I cannot hear of these attacks on the Law Reform Commission. It is an objective body and its review is welcome. I am disappointed that amendments to this legislation on the rights of children will not be accepted, but I hope we will see comprehensive legislation on the rights of children very soon. As Senator Norris said, one can cite all sorts...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Ivana Bacik: With respect, I did not interrupt the Senator. It is true and that is the evidence that has been put before the High Court here and it is the evidence internationally. We are looking also at independent research commissioned by Marriage Equality which has not yet been published but which the ombudsman referred to as ongoing research on the experience of children born into gay relationships...

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