Results 10,721-10,740 of 11,695 for speaker:Ivana Bacik

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I move amendment No. 33: In page 11, line 20, after "adduced" to insert "by the prosecution". This amendment is intended to be more precise about the definition of "new and compelling evidence" in section 7 where the provision states: "which could not, with the exercise of due diligence, have been adduced during those proceedings,". We want to clarify the type of evidence being described....

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I will not press the amendment at this stage but there is a certain ambiguity in the wording of the section because there could be evidence which was known to the defence during the trial but "which could not, with the exercise of due diligence, have been adduced" by the prosecution.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I move amendment No. 34: In page 11, line 26, after "concerned" to insert the following: ", for example DNA evidence or an admission by the person concerned". This seeks to amend the definition of "new and compelling evidence". The phrase used is "new and compelling" meaning evidence which is reliable, substantial and of a high degree of probity, in other words it implicates the person with...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: It is not envisaged in the section that just because DNA evidence comes forward that it is necessarily new and compelling, because it obviously must implicate the person concerned with a high degree of probability and be compelling apart from that. I can envisage a situation where DNA evidence which might not emerge during the trial might not offer anything new or compelling to implicate the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I disagree with Senator Regan. I am glad to see it is prospective only because there would be constitutional difficulties if it was not so. I am also glad the Minister has confirmed the safeguards that apply to section 8, even though I know we are straying into section 8. These safeguards are welcome and my amendments to section 8 are aimed at trying to clarify the safeguards and ensure...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: Yes. I presumed we would deal with that when dealing with section 8.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I move amendment No. 35: In page 12, subsection (5), line 36, after "concerned" to insert the following: "and the person may appear and be heard by the Court". The amendment is self explanatory. It seeks that the person in respect of whom the application is made has the right of appearance before the court. It is already implicit in subsection (5) that if the DPP has to give notice to the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I will withdraw the amendment in light of what the Minister has said but I would like clarification on the relationship to section 16, or at least an indication from the Minister that he will address my concern about the section given that he stated that one of the safeguards in section 8 is that the person will be at liberty in respect of this with regard to the offence of which they have...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I move amendment No. 36: In page 12, subsection (6), 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". This amendment provides an extra test for the court before it may proceed to hear and determine the application in the absence of the person. Given what the Minister...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I am interested in the Minister's use of language which illustrates why we must be so careful with section 8 to ensure there are sufficient safeguards. The Minister commented on a person absconding but we are talking about a person who has been acquitted.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: The person is not subject to any criminal charge.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I know "abscond" is not a legal term but the use of the word implies that the person would leave with the charge hanging over them in some way. This clearly deals with somebody who has been acquitted. There is no time limit on section 8 so when the section commences, somebody could be acquitted and five years down the line the DPP might move an application under the section because new...

Seanad: Order of Business (2 Dec 2009)

Ivana Bacik: I join colleagues in welcoming the deferral of tomorrow's proposed strike. Following a bleak week, flood waters are receding just as the prospect of a strike has receded but we are still facing into the appalling vista of the budget next week. I would like a debate on a number of public services that are likely to be cut in the budget, especially those relating to early childhood care and...

Seanad: Order of Business (2 Dec 2009)

Ivana Bacik: NUI students have also raised this. The money is not being spent on improved student facilities. Debates are needed on funding for the third level sector and early childhood education. I have called for a debate on early childhood education many times and I would like it to be taken as a matter of urgency.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: I support Senator Regan's amendments. Earlier, we debated other amendments concerning the treatment of victims. At that stage the Minister stated in his view it was not appropriate to place those in statutory form. I anticipate he may take the same view in respect of these amendments and I am conscious that some of the provisions are already carried out in practice, notably, that an...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Ivana Bacik: Perhaps I was too stingy with my compliment.

Seanad: Order of Business (1 Dec 2009)

Ivana Bacik: I support the comments of Senators Fitzgerald and O'Toole regarding the Murphy report. It is a shame we are not debating the report today when the rest of the country is but I am glad it will be debated in the House next Friday. The report makes for distressing reading. It has exposed the appalling inadequacy of responses to horrific rape and sexual abuse of children by both church and...

Seanad: Order of Business (1 Dec 2009)

Ivana Bacik: In a week when the public service is coming under attack, as a member of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights I visited the new criminal courts complex on Parkgate Street. We must commend the Courts Service in particular and the public service in general for bringing on stream such an impressive building with a great improvement in facilities for...

Seanad: Order of Business (26 Nov 2009)

Ivana Bacik: I join Senator McDonald and Senator Feeney in seeking a debate on women's participation in politics. The justice committee unanimously adopted, on a cross-party basis, the report on women's participation in politics and its recommendations. Indeed, the committee recommended that the report be debated in both Houses of the Oireachtas. Perhaps we might steal a march on the other House by...

Seanad: Order of Business (26 Nov 2009)

Ivana Bacik: I am flattered to be addressed as one of the Lehman sisters.