Results 10,581-10,600 of 11,444 for speaker:Ivana Bacik

Seanad: Order of Business (5 Nov 2009)

Ivana Bacik: I second Senator Ryan's request to the Leader to take No. 22 first, the Bill on consumer protection and gift vouchers. It is long overdue, as research has shown that a majority of gift vouchers are never redeemed because of the time limits. This is an important principle. I ask the Leader for a debate on women's participation in politics. Members will be aware that at 11.30 a.m. I will be...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister and I accept what he stated on the potential constitutional and conventional difficulties with full legal representation throughout the trial process. However, it is worth considering how representation rights could be expanded somewhat for victims without breaching the equality of arms principle. I am grateful to Senator Regan for pointing out the European...

Seanad: Business of Seanad. (4 Nov 2009)

Ivana Bacik: I echo the comments of Senator Regan. I have no problem with being here after 7 p.m. but if this is an attempt to ensure Committee Stage is rushed and completed in one day, I do not support it. The Bill makes significant changes to criminal procedure and I would prefer to see the debate continue on another day. I am anxious that Senator O'Donovan's proposal would not lead effectively to...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 9: In page 6, line 31, after "person," to insert the following: "or any offence under the Non-Fatal Offences against the Person Act 1997". This is a straightforward amendment. By way of introduction to it, I should say that as I said on Second Stage, I very much welcome the provisions in Part 2 of this Bill and the necessary changes being made to the victim impact...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am very grateful to the Minister who has put the case better than I did in saying there is a small number of offences that are not captured by the current formula in paragraph (b) but which cause emotional distress to victims. I think he accepts in principle that these could or should be covered by the victim impact procedure. I see him nodding in agreement, for which I am grateful....

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 10: In page 7, line 14, after "by" to insert "or on behalf of". This is a technical amendment to section 5(3) of the 1993 Act. The original section 5 provides that, "a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person". The new subsection restates the words a court shall, upon application by the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I thank the Minister and take his point that the amendment is not necessary. I understand that in practice the application is made by counsel for the Director of Public Prosecutions rather than by directly by the victim. I take the point that the formula already captures this practice. The amendment was proposed in the interests of trying to make the procedure clearer and the legislation...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I support the amendment, which clarifies the position in respect of a person with a mental disorder. I am pleased to hear the Minister state the Mental Capacity Bill is being drafted and that he intends to introduce it early next year. I am conscious that my predecessor as one of the University of Dublin Senators, Ms Mary Henry, carried out a great deal of work to try to reform the law on...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 12: In page 7, line 44, after "on" to insert the following: "the person between the commission of the offence and the death of the person and on". The purpose of the amendment is to try to ensure every relevant aspect of the victim impact statement would be covered and that no further flaws or unforeseen gaps would emerge in the provision. I propose the new section...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am conscious of that but there have been Court of Criminal Appeal judgments which have been critical, if only by implication, of the lack of clarity in the current procedures. We wish to ensure the procedures are as clear as possible and as comprehensive as they need to be in the interest of the victims of the offence and the family members.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister for indicating he will consider this matter. It may be that the drafting is not the most elegant and that we should have inserted a proviso stating "where relevant". I take the Minister's point that there is a more general provision in the proposed section 5(3)(b)(ii) which would cover the affect of the offence on a person who died or where there is a time gap...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 13: In page 8, between lines 20 and 21, to insert the following: "(5) 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: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister and had anticipated what he would say on this issue. As he stated, the difficulty does not arise with the written statements which are given on notice. The difficulty in respect of the O'Donoghue case, on which he has given greater detail, arose because the oral evidence of the mother of the young boy departed from the written statement. I had at the time and...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 15: In page 10, between lines 7 and 8, 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.". I have already referred to this amendment, which is simply a saving...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: In light of that I will not press the amendment.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 16: In page 10, line 44, after "competent" to insert "and suitably trained". This is an amendment to which I made reference in my speech on Second Stage. I am very glad to see greater provision made for children to give evidence through a video link and, under section 6, through an intermediary. This is welcome but I am aware of cases where there have been logistical...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister for clarifying the position but, although training is provided and the Courts Service does a very good job of ensuring those dealing with video link evidence are highly competent and well trained, it may be the case that people in this position are not suitably trained. Given the very sensitive nature of the evidence and the fact that very young children are...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I will not press this amendment and I am grateful to the Minister for his response. There is nothing between our positions and it is a question of whether competent encompasses suitably trained. The court will be satisfied that a person is highly competent but the amendment simply stresses the need for training in this situation.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 17: In page 10, before section 7, but in Part 2, to insert the following new section: 7.—In an application under this section the court may make such order as it sees fit to facilitate legal representation of a person in respect of whom an offence has been committed or a family member as appropriate, where it is appropriate to do so. This refers to Part 2 of the Bill....

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: While the Garda Síochána performs an important task in informing victims of the progress of investigations and the pre-trial process, this process is dependent on the goodwill of individual gardaí. I am aware of the charter but the difficulty with it, as Senator Regan noted, is that its terms are rather vague and somewhat aspirational. It does not impose a requirement that actions be...