Results 10,781-10,800 of 11,444 for speaker:Ivana Bacik

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I apologise for trespassing again. I wish to make one specific point to the Minister of State that I raised on Second Stage. I mentioned we already have powers to issue search warrants and have provided for superior officers in certain legislation, in respect of urgent circumstances, and so on. It is interesting that in 2006 the Criminal Justice Bill, as it then was, in what I believe was...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: As I stated on Second Stage, I support the prohibition on carrying out surveillance except in accordance with a valid authorisation or an approval. This is an important cornerstone of the Bill and is one of the reasons for which the legislation has received a broad welcome from civil liberties groups. It states that surveillance shall only be carried out in accordance with the procedures...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I agree with Senator Regan, in that a specific purpose of this kind would be useful, particularly as the legislation is being introduced with the express purpose of dealing with organised crime. I told the Senator that I am not sure about whether the word "gangland" is the most appropriate for use in criminal legislation. We all know what it means, but it has a tabloid or, unfortunately,...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: Broad purposes are provided in section 4(1). It is a critical section because it provides for the application for authorisation to a judge. The purpose for which the application may be made is broad, namely, "as part of an operation or investigation being conducted by the Garda Síochána concerning an arrestable offence" or "preventing the commission of arrestable offences". I wish to...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I support the amendment. Senator Regan has identified a real problem with the provision. As I stated, section 5(7) is very important because it is the one that authorises entry to a place, including a dwelling. To put it bluntly, it allows the State to bug people's homes. Doing so is subject to judicial authorisation in the context of sections 4 and 5. Very well-developed case law on...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 5: In page 9, subsection (8), line 26, after "granted." to insert the following: "Where the surveillance is to be carried out at or in a private dwelling, it shall not be carried out for more than 24 hours from the time at which the approval is granted.". It might be helpful if I address amendments Nos. 6 and 7 with this amendment because they are all related and...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: Sections 4 and 5 provide for judicial authorisation for surveillance which we have all welcomed with the statutory framework and the criteria and so on, albeit that some of us on this side of the House think the criteria could be tighter and judges given more guidance on granting authorisations. My concerns, however, are strongest in respect of sections 7 and 8 because these provide for...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I am grateful to the Minister of State for his considered response and for the information on the Attorney General's advice and that there are certain operational reasons for the need for a specific time period. The reason for distinguishing a dwelling is not something I have plucked from the air. I accept that sometimes it can be difficult to ascertain whether it is a dwelling but...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I am grateful to Senator Regan for making the very obvious point that 24 hours would be enough time to ascertain whether the premises was a dwelling. The Minister of State's point on the maximum period reminds me of the old saying that housework expands to fill the time available. I do not know whether the Minister of State is familiar with that. Similarly, where there is a power to use...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 6: In page 9, subsection (9), line 29, after "hours" to insert ", or, as the case may be, 12 hours".

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 7: In page 9, subsection (10)(a), line 32, after "hours" to insert "or, as the case may be, 12 hours,".

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I support this amendment, which is a corollary to my amendment. Section 8 appears to provide for a bypass to judicial procedure. Reading the Bill carefully, it is clear in section 1 that tracking devices are a type of surveillance type with a more limited function, because they are only used for the purpose of providing information regarding location. Location and movement are measured by...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: To echo Senator Regan, I take the Minister's point that tracking devices are less intrusive than surveillance devices more broadly. Entry to people's homes is authorised under section 8 to plant and withdraw tracking devices and these devices can be placed for up to four months without judicial authorisation according to this section. I take the Minister of State's point that they could be...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I move amendment No. 9: In page 10, subsection (1), line 18, after "section" to insert the following: ", in cases of urgency where the provisions of section 7(2) apply". I will be brief because we have dealt with the substance of this amendment while discussing Senator Regan's amendment. This is a corollary and may be more attractive to the Minister of State because it allows for the current...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I support the amendment. It seems to be a departure from practice to invite a sitting judge to undertake the function of reporting to the Executive and keeping under review particular provisions of the Bill. It is sensible that the power would be instead delegated to a retired judge. I understand this is more commonly the practice in such cases and I urge the Minister of State to consider...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I do not have any objection to the wording but I note the Human Rights Commission made a very useful proposal that this section would be used to allow the relevant Minister to require particular codes of practice to be drawn up relating to the operation of the Bill. I have already referred to the need for some form of code of practice governing the placing and removal of tracking devices. I...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I would oppose the exclusion of the Garda Síochána Ombudsman Commission from the powers provided for in this Bill. Again I am grateful to the Human Rights Commission for providing us with very extensive notes. The commission points out that the functions of the commission include the investigation of complaints concerning the investigation of alleged arrestable offences involving members...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: No.

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Ivana Bacik: I express my appreciation also for the Minister's considered response to the amendments tabled by me and Senator Regan. I welcome the opportunity to debate the Bill. I welcome also the provision of a statutory framework for covert surveillance and tracking devices. Report Stage was rushed through somewhat hastily and we did not have time to table amendments but I accept we had a considered...

Seanad: Criminal Justice (Surveillance) Bill 2009: Second Stage (30 Jun 2009)

Ivana Bacik: With the permission of the House, I would like to share time with Senator Quinn equally.