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Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: We are all equally outraged at the horrific murders of people such as Shane Geoghegan, Roy Collins and Wayne Doherty.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: We all recognise that the rights of their families need to be protected.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: We all share the goal of tackling gangland and organised crime. I have done a great deal of research-----

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: -----and work on behalf of victims of crime and some of this work has fed into legislative change on behalf of victims of crime. I resent deeply any suggestion that those on this side of the House who raise valid criticisms of legislation before the House, which are not just technicalities, are somehow soft on crime or less concerned about victims' rights. I wish to put this on the record...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: Yes. Question, "That the words proposed to be deleted stand," put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 19: In page 25, subsection (1), lines 25 and 26, to delete paragraph (a). This refers to the detention powers in the Criminal Justice (Drug Trafficking) Act 1996, which we have already discussed. This amendment is to retain the requirement that a chief superintendent be involved in the detention rather than reducing the requirement, as the Minister's provision does, to...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 22: In page 26, lines 17 to 19, to delete all words from and including ", including" in line 17 down to and including "applicant)" in line 19. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 23: In page 26, between lines 26 and 27, to insert the following: "(III) the person to whom the application relates and any legal representative (whether of that person or the applicant).".

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 24: In page 27, to delete lines 44 to 48. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 28: In page 30, lines 26 to 28, to delete all words from and including ", including" in line 26 down to and including "applicant)" in line 28. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 29: In page 30, between lines 35 and 36, to insert the following: "(III) the person to whom the application relates and any legal representative (whether of that person or the applicant).".

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 30: In page 32, to delete lines 1 to 5. Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I will be brief because I have already referred to my opposition to this provision, which will change the way in which the search warrant procedure is dealt with in court. It is a sweeping provision which states, "An application under any enactment to a court, or a judge of a court, for a search warrant shall be heard otherwise than in public.", and which we should not pass lightly. Section...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: While I am willing to accept that this might be a real concern in respect of cases involving organised crime, section 26 goes beyond the range of organised crime offences and applies to every search warrant applied for under any enactment. In my opinion, the provision is too broad.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I also support this. Many Members have made the point that this Bill was guillotined on Second Stage, leaving many who wished to contribute on that Stage unable to so do. However, given that Second Stage and Committee Stage took place on the same day, at the very least Members should wait until tomorrow before taking Report Stage.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I want to speak briefly in support of this amendment. I declare an interest in that I have acted for the State in a number of cases involving a question of whether post-release matters are part of an offender's sentence or whether they are better characterised as civil orders consequent on conviction. Notably, with regard to the registration provisions under the Sex Offenders Act 2001,...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I move amendment No. 15: In page 22, lines 33 to 35, to delete all words from and including ", including" in line 33 down to and including "applicant)" in line 35. These six amendments relate to the same procedural principle the Minister is proposing to introduce, that is, the secret hearing as it has been colloquially called. The amendments represent my third main objection to the Bill, the...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I wish to answer one point made by the Minister in which he quoted from the Hederman report on the issue of jury tampering. It is fair to point out that the Hederman committee went on to say that while the majority did agree with the retention of the Special Criminal Court, there was a significant minority view, expressed by Mr. Justice Hederman, the chair of the committee, Professor William...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I have already expressed my opposition to section 8 and I do not want to prolong this debate.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Ivana Bacik: I state my opposition to the section which purports to add a new section 72A to the Criminal Justice Act 2006 providing that inferences may be drawn from silence. I am conscious that there are a number of inference drawing provisions in the Offences Against the State Acts and in the Criminal Justice Act 2007. However, I am also conscious of the need for safeguards. On Second Stage, the...

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