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Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Ivana Bacik: On a point of order, I wish to correct the record, I am grateful to the Minister for responding to my point and acknowledging it is a matter of Circuit Court jurisdiction on indictment. Clearly it is because the Circuit Court has jurisdiction-----

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Ivana Bacik: It is because the point of order applies to the Minister saying it would be possible to appeal to the High Court. More correctly, it would be possible to appeal to the Court of Criminal Appeal.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Ivana Bacik: As Senator Regan said, it is most unfortunate that we had to vote against this Bill. I speak for Senator O'Toole and others when I say we welcomed much of what was in the Bill and recognised it represents a genuine attempt to reform the law on defamation. However, the Minister scuppered the general support for the Bill with an ill-judged and unnecessary amendment which was brought in, as...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Ivana Bacik: The Supreme Court did not strike down section 13 of the 1961 Act, nor was there any pressing urgency. Further, no prosecutions for blasphemy had been initiated which could not be sustained. As I indicated, I disagree with the Minister on whether it was necessary to insert a statutory definition of blasphemy. It is unfortunate this has been done. If the interpretation had been agreed, an...

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Ivana Bacik: I will conclude. An alternative proffered by Senators on this side was not countenanced by the Minister. The real alternative, however, is to change the Constitution to remove reference to the outdated offence of blasphemy.

Seanad: Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages (9 Jul 2009)

Ivana Bacik: The Minister was speaking on a different Bill.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Report and Final Stages (8 Jul 2009)

Ivana Bacik: I second the amendment. We debated this issue at length on Second Stage, and I spoke in support of it. Having read Ms Justice Laffoy's judgment several times, especially the relevant passage at pages 81 to 82, it is clear she is of the opinion that the proportionality test in Heaney v. Ireland can only be fulfilled where there is provision for some type of attachment of earnings procedure....

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Report and Final Stages (8 Jul 2009)

Ivana Bacik: I am very grateful to the Minister for accepting my amendment from yesterday and acknowledging that in his speech. I put the amendment on Committee Stage last night and we voted on it. The Minister of State, Deputy Curran, indicated he could not accept it but I am delighted there has been a change of mind overnight and that it has been accepted. This is an important principle and I am very...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Report and Final Stages (8 Jul 2009)

Ivana Bacik: I second the amendment. I spoke on the amendment last night. We are grateful to the Minister for reviewing what we said in the Seanad last night. We can anticipate that he is aware of the arguments in favour of this simple clarifying amendment.

Seanad: Order of Business (8 Jul 2009)

Ivana Bacik: I join previous speakers in referring to a letter by 133 practising criminal lawyers, working both in the prosecution and defence areas, which was published in today's edition of The Irish Times. The letter calls for the withdrawal of the Criminal Justice (Amendment) Bill 2009. Members must take on board the comments and suggestions made by the lawyers in question when we contemplate the...

Seanad: Order of Business (8 Jul 2009)

Ivana Bacik: He speaks infallibly.

Seanad: Order of Business (Resumed) (7 Jul 2009)

Ivana Bacik: I join others in criticising the management of the Order of Business this week and next week. It is not just that we are looking for more time to whinge about particular measures of criminal justice legislation. These are very important items of legislation for victims of crime, for those who may be charged with crimes and for all of us in society. When a previous Minister for Justice,...

Seanad: Order of Business (Resumed) (7 Jul 2009)

Ivana Bacik: On a point of order-----

Seanad: Order of Business (Resumed) (7 Jul 2009)

Ivana Bacik: There are two Bills before us, all Stages of which are to be taken today, as well as Committee and remaining Stages of another Bill. If that is not rushing Bills through, I do not know what is.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Second Stage (7 Jul 2009)

Ivana Bacik: I thank Senator Quinn for sharing time with me. While I welcome the debate on this legislation, I concur with the criticisms expressed by Senators Regan, Quinn and O'Donovan regarding the brief time provided to debate this important Bill. It is a terrible shame that the House is rushing through all Stages in one day, given the significant impact the Bill will have on many people. I have...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Second Stage (7 Jul 2009)

Ivana Bacik: Further, on a point of order, the Leader indicated earlier that there would be a review. I have tabled an amendment, that I had to compile during Second Stage. I do not think the Minister has had time to review my amendment nor the other amendments from the parties. All the amendments have not been circulated.

Seanad: Business of Seanad (7 Jul 2009)

Ivana Bacik: On a point of order, is the Leader saying Report Stage will be taken tonight?

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Ivana Bacik: I understood from the four lists that the first amendment we would take would be amendment No. 1, a Government amendment, followed by Senator Regan's amendment No. a1 and then followed by my amendment No. 1a. If I could take the Chair through those amendments, amendment No. 1 on the Government list mentions page 3, subsection (1), line 12, which comes before Senator Regan's amendment of page...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Ivana Bacik: I wish to support the proposed amendment, which is eminently sensible since it proposes a different regime as an alternative to the sanction of imprisonment being imposed upon a debtor. Rather than imprisonment, it envisages an attachment of income or welfare order that would be made to address circumstances where somebody is unable or unwilling to pay debts. It is in keeping with the...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Ivana Bacik: I am also disappointed at the Minister of State's response to Senator Regan's amendment. It is unfortunate that he is not willing to contemplate some form of attachment of earnings or welfare option within the Bill, given that it purports to improve the situation as far as debtors are concerned and to ensure no further breach of the Constitution in the way the court will deal with debtors....

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