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Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: I am glad the Minister of State has confirmed there is no intention in the Bill to create a new power to hold somebody in custody. I do not believe it could do so under the Constitution. The Minister of State referred to existing legislation but it is clear the Constitution overarches that. I do not believe the amendment could create a new category. I was concerned it might, by...

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: Not at this stage. I reserve my right to reintroduce it on Report Stage.

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: I move amendment No. 4: In page 5, paragraph (b), line 1, to delete "or in another capacity". This amendment relates to section 7(b), which currently states that a person may be placed in temporary custody to facilitate not only a court appearance by them but also their participation as a witness or in another capacity at a court hearing. As on Second Stage, I wish to inquire as to the sort...

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: I reserve my position in that regard.

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: The Minister of State referred to circumstances where a person might represent himself or herself. That instance may be covered under paragraph (a), which relates to court appearances. However, I suppose it could also be for the purpose of appearing in a civil proceeding and a doubt might arise with regard to whether "court appearance" would be the appropriate phrase, particularly if a...

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: I move amendment No. 6: In page 7, line 1, after "prescribe" to insert the following: ", in accordance with the standards already provided for in respect of persons held lawfully in Garda custody or under the Prison Rules 2007 (S.I. No. 252 of 2007)". The intent behind this amendment is clear and I indicated on Second Stage that I would be introducing it. The amendment relates to the...

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: I thank Senator Regan for expressing support for the amendment. As he stated, the amendment would improve section 12. The amendment does not require the Minister to apply exactly the same regulations because, as already stated, I am conscious that some of these would not be relevant. It simply allows for a certain minimum standard to be observed in developing any new regulations for...

Seanad: Courts and Court Officers Bill 2009: Committee Stage (12 Nov 2009)

Ivana Bacik: I am grateful to the Minister of State and Senator McDonald for the points they made that the prisoner is in custody and regulations already apply. I would have assumed that. However, section 12 suggests something different. If those rules are already applicable, as they are, to persons who are already lawfully in custody, why is the Minister of State giving himself the power to prescribe...

Seanad: Courts and Court Officers Bill 2009: Report and Final Stages (12 Nov 2009)

Ivana Bacik: I move amendment No. 1: In page 7, line 1, after "prescribe", to insert the following: ", in accordance with the standards already provided for in respect of persons held lawfully in Garda custody or under the Prison Rules 2007 (S.I. No. 252 of 2007)". There is a slight Alice in Wonderland sense about this Report Stage. I do not propose to table two amendments that I had withdrawn on...

Seanad: National Asset Management Agency Bill 2009: Motions (12 Nov 2009)

Ivana Bacik: I echo what Senator Fitzgerald said by expressing regret that the Minister did not accept more amendments from the Labour Party, Fine Gael and the Opposition in general. The Labour Party had and continues to have serious concerns about NAMA as an institution. I do not wish to rehash them but the main concern pertains to the level of risk taken on by the taxpayer. However, the Labour Party...

Seanad: Order of Business (12 Nov 2009)

Ivana Bacik: Yes.

Seanad: Order of Business (12 Nov 2009)

Ivana Bacik: I also welcome the release of Fr. Michael Sinnott. It is nice to have good news coming so soon after the release of Sharon Commins. Like Senator Fitzgerald, I express the concern on the Labour Party Bench about the enormous risk that NAMA poses. We had fundamental disagreements with the NAMA legislation, which is why we voted against it. At the same time, as Senator O'Toole said, we all...

Seanad: Order of Business (12 Nov 2009)

Ivana Bacik: The Member in question represented certain views of mine and expressed doubt about my opposition to the death penalty. I have a long track record both as a criminal justice and human rights lawyer. I will not take abuse nor accept misrepresentation of my views from the other side of the House, particularly not from fundamentalists and bigots with brass necks. I will be taking up the matter...

Seanad: Order of Business (12 Nov 2009)

Ivana Bacik: I ask the Leader for a debate on how we conduct ourselves in the House. I hope we will see debates conducted with respect at all times.

Seanad: National Asset Management Agency Bill 2009: Report and Final Stages (11 Nov 2009)

Ivana Bacik: I second the amendment. I will speak to amendments Nos. 11 to 14, inclusive, which include an amendment in the names of Senators Norris and O'Toole. Theirs has a slightly different nuance, although it addresses the same point as that of the Labour Party. Sections 58(3) and 59(2), both of which we propose to delete and replace, are very prescriptive and impose extreme restrictions on the...

Seanad: National Asset Management Agency Bill 2009: Report and Final Stages (11 Nov 2009)

Ivana Bacik: I move amendment No. 15: In page 56, between lines 28 and 29, to insert the following: "(2) It shall be an obligation of a participating institution not to commence or pursue proceedings for repossession of a principal private residence unless the arrears of any mortgage are in excess of 24 months, provided the mortgagor provides reasonable co-operation within his or her means and ability...

Seanad: National Asset Management Agency Bill 2009: Report and Final Stages (11 Nov 2009)

Ivana Bacik: I anticipated the Minister of State's reply and I am glad Senator MacSharry put the case in favour of the amendment so eloquently. I do not understand why it is not possible to deal with this matter in the legislation before us, particularly when the Minister of State and Senator MacSharry expressed support, in principle, that there should be a moratorium on repossessions. The Minister of...

Seanad: National Asset Management Agency Bill 2009: Report and Final Stages (11 Nov 2009)

Ivana Bacik: I apologise. I do not see it as a more appropriate place than this Bill which is all about trying to increase levels of confidence and trust in the banking and financial systems. Therefore, it would be entirely appropriate to deal with the matter in this Bill.

Seanad: National Asset Management Agency Bill 2009: Report and Final Stages (11 Nov 2009)

Ivana Bacik: I second the amendment.

Seanad: National Asset Management Agency Bill 2009: Report and Final Stages (11 Nov 2009)

Ivana Bacik: I second the amendment. It is in keeping with the general theme we have pressed on Second and Committee Stages, that the operation of NAMA should be carried out in as transparent a manner as possible in the public interest and that there should be sufficient scrutiny and accountability to ensure there is public trust and confidence in it. We tabled amendments on Committee Stage that were...

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