Results 10,421-10,440 of 11,444 for speaker:Ivana Bacik

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I am disappointed that the Minister will not accept the amendment in principle, although I take his point that section 9 should not be included. I also take his point that it would require a similar amendment to section 17, as well as to section 18 which allows for a search warrant. It is set up as an exception to the general safeguard provided in section 15. I drafted the amendment as a...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 17: In page 24, line 15, before "arising" to insert the following: "which gives to a directed verdict or which prevented the jury from considering evidence which was properly admissible or a misdirection of law to the jury". This amendment was debated on Committee Stage, and I believe the Minister accepted it in principle then. It is based on the expert group report on...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I am grateful to the Minister for accepting the principle of this amendment and I will withdraw it in the light of what he has said, although I am sorry he was not able to bring it forward in this House. None the less, I am grateful to him for accepting the principle, which is important, again given that this is a radical departure from the current procedures and will allow with-prejudice...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 18: In page 24, line 24, after "Court" to insert the following: "if satisfied that the Director has given the person concerned all reasonable notice to facilitate his or her appearance and".

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I, too, thank the Minister for taking this Bill through the House. We have had some very constructive and useful debates on the provisions within it. I am particularly grateful to him for accepting my amendment on the victim statements, thus ensuring a family can give evidence on the impact of the offence upon somebody who has died following an injury and having survived for some time....

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: Hear, hear.

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I spoke already on Committee Stage to the effect that I did not agree with Senator Regan on this matter. I have listened to his persuasive arguments in favour of his amendment but I stand by what I said earlier. This is such a radical departure from the current long-standing rules of criminal law and the principle against double jeopardy I do not believe it would not be appropriate to make...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 14: In page 13, line 38, after "Court" to insert the following: "if satisfied that the Director has given the person concerned all reasonable notice to facilitate his or her appearance and".

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 15: In page 18, lines 8 and 9, to delete ", the Attorney General or the Director". The wording to this amendment is different from the one I tabled on Committee Stage on section 14, an appeal on a point of law to the Supreme Court. On Committee Stage, I agreed the amendment could be better drafted. I have since redrafted it to encompass what was raised during those...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 11: In page 11, line 26, after "concerned" to insert the following: ", for example DNA evidence or an admission by the person concerned". This is the first amendment dealing with Part 3, which in some ways makes the most significant departure from current criminal procedure, which creates the new exceptions to the rule against double jeopardy. I stated already on...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: As I said, I am not wedded to the precise wording proposed, the wording used by the criminal law review group, but I accept that it was not drafting legislation. It gave these two examples of the specific evidence that might constitute new and compelling evidence. As the Minister acknowledged, it is likely that evidence on the basis of which acquittals will be reopened will include DNA...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 12: In page 12, line 38, after "Court" to insert the following: "if satisfied that the Director has given the person concerned all reasonable notice to facilitate his or her appearance and". I tabled two of these three amendments on Committee Stage and the Minister pointed out that I had omitted one related amendment. Therefore I tabled a third, but they are all,...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I thank the Minister for his reply. I should have said the amendments relate to sections 8 and 9, applications for retrial and, section 23 which deals with prejudice prosecution appeals. I take the Minister's point that where a person who is aware the order has been made purposely absents himself or herself the subsection will allow the court to proceed to hear and determine the application...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 2: In page 6, line 36, after "person," to insert the following: "or any offence under the Non-Fatal Offences Against the Person Act 1997". We had a full debate on the amendment on Committee Stage. The Minister might recall - certainly my notes indicate - that he accepted in principle the merit of the amendment, which proposes to extend the type of offence to which the...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I am grateful to the Minister for indicating his acceptance of the principle of the amendment and also for his indication that he will introduce an amendment in similar terms in the other House. However, I am disappointed that he could not have had the amendment ready for Report Stage in this House, given that it has been fully debated in this House. I also believe that my amendment has the...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I am grateful to the Minister for accepting the principle of amendment No. 4 on Committee Stage and tabling his own amendment. On Committee Stage I raised the issue of the time gap between the injury caused and the death of the victim and that the family would be able to speak about the impact on the relative before his or her death. It may only arise in a small number of cases but it is an...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 5: In page 8, between lines 26 and 27, to insert the following: "(4) 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: Report and Final Stages (8 Dec 2009)

Ivana Bacik: This amendment would not rule out a discretionary warning by a judge. It is an indication that it is not necessary for a court to give a warning. It is inappropriate that there should be any sense that victims' families would be singled out in this way.

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 7: In page 10, between lines 11 and 12, 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.". This amendment seeks to make clear that a court has a general power to...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Ivana Bacik: I move amendment No. 8: In page 10, line 48, after "competent" to insert "and suitably trained". This amendment seeks to add an extra layer of qualification to the intermediary provided for in section 6 which inserts a new section 5A into the 1993 Act which allows questions be put to a child or person with a mental disorder through an intermediary who in a court's opinion is competent to act...