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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...

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Ivana Bacik: When I spoke earlier I was speaking on the amendment but as this has now developed into a debate on the section I am not clear whether Senator Harris favours or opposes the section. He seems to express doubt about the working of section 210.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Ivana Bacik: That explains everything. In answer to Senator Harris, this envisages a system of regulation. A consensus is emerging across the House that the word "may" should be altered to "shall" and that the Minister must introduce these guidelines to regulate the participating institutions. In response to Senator O'Toole's critique of the workability of the section, this applies only to...

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Ivana Bacik: I am delighted to hear that. It is imperative that the Minister issues these guidelines. That is reflected in the word "shall" in the Minister's amendment and in the important subsection (2) that requires participating institutions to comply with the guidelines issued. It states "A participating institution shall comply with any guidelines issued under subsection (1)." We will table an...

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Ivana Bacik: I am still reeling from the revelation that Senator Donohoe once dabbled in socialism.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Ivana Bacik: It would seem there are more secret socialists in the Houses of the Oireachtas than Deputy Bertie Ahern ever dreamed of.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Ivana Bacik: We are reassured the Minister intends to issue guidelines on credit flow. In that case there is no reason why "may" cannot be changed to "shall". It would secure the Minister's contention. As Senator Donohoe and others said, it would underline the seriousness of this section and the core purpose of this enormous risk-taking mechanism - that credit needs to be made available. I am glad the...

Seanad: Order of Business (11 Nov 2009)

Ivana Bacik: I support other Senators in expressing their condemnation of the imposition of the death penalty in the high profile case in the United States. We would do well to remember that Ireland, as a member of the Council of Europe, is part of a group of states that have happily turned their backs on the death penalty and now regard it has barbaric. I welcome calls on the Leader to determine how...

Seanad: Order of Business (11 Nov 2009)

Ivana Bacik: On a point of order, a Chathaoirleach, I think that remark may have been directed at me. I ask the Senator to withdraw that outrageous allegation.

Seanad: Order of Business (11 Nov 2009)

Ivana Bacik: It is absolutely outrageous if, in fact, he is referring to me.

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