Results 10,841-10,860 of 11,695 for speaker:Ivana Bacik

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am conscious of that but there have been Court of Criminal Appeal judgments which have been critical, if only by implication, of the lack of clarity in the current procedures. We wish to ensure the procedures are as clear as possible and as comprehensive as they need to be in the interest of the victims of the offence and the family members.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister for indicating he will consider this matter. It may be that the drafting is not the most elegant and that we should have inserted a proviso stating "where relevant". I take the Minister's point that there is a more general provision in the proposed section 5(3)(b)(ii) which would cover the affect of the offence on a person who died or where there is a time gap...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 13: In page 8, between lines 20 and 21, to insert the following: "(5) Where a person in respect of whom an offence has been committed, or a family member of that person, proposes to give evidence under subsection (3) orally rather than in writing, it shall not be necessary for the court to give any particular direction or warning to that person in respect of his or her...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister and had anticipated what he would say on this issue. As he stated, the difficulty does not arise with the written statements which are given on notice. The difficulty in respect of the O'Donoghue case, on which he has given greater detail, arose because the oral evidence of the mother of the young boy departed from the written statement. I had at the time and...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 15: In page 10, between lines 7 and 8, to insert the following: "(7) This section is without prejudice to the power of a court to receive evidence regarding the effect of an offence, other than an offence to which this section applies, on the person in respect of whom the offence was committed.". I have already referred to this amendment, which is simply a saving...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: In light of that I will not press the amendment.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 16: In page 10, line 44, after "competent" to insert "and suitably trained". This is an amendment to which I made reference in my speech on Second Stage. I am very glad to see greater provision made for children to give evidence through a video link and, under section 6, through an intermediary. This is welcome but I am aware of cases where there have been logistical...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I am grateful to the Minister for clarifying the position but, although training is provided and the Courts Service does a very good job of ensuring those dealing with video link evidence are highly competent and well trained, it may be the case that people in this position are not suitably trained. Given the very sensitive nature of the evidence and the fact that very young children are...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I will not press this amendment and I am grateful to the Minister for his response. There is nothing between our positions and it is a question of whether competent encompasses suitably trained. The court will be satisfied that a person is highly competent but the amendment simply stresses the need for training in this situation.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I move amendment No. 17: In page 10, before section 7, but in Part 2, to insert the following new section: 7.—In an application under this section the court may make such order as it sees fit to facilitate legal representation of a person in respect of whom an offence has been committed or a family member as appropriate, where it is appropriate to do so. This refers to Part 2 of the Bill....

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: While the Garda Síochána performs an important task in informing victims of the progress of investigations and the pre-trial process, this process is dependent on the goodwill of individual gardaí. I am aware of the charter but the difficulty with it, as Senator Regan noted, is that its terms are rather vague and somewhat aspirational. It does not impose a requirement that actions be...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: The Minister put a word in my mouth by suggesting I described Garda practice as haphazard. As I stated, Garda practice in dealing with victims of crime has greatly improved and victim satisfaction with the pre-trial and investigation process is greatly enhanced by the goodwill shown by many gardaí in providing information and acting as an informal liaison officer through, for example,...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: The Minister referred to amendment No. 50 and said it simply clarified the law on serving the book of evidence. The current law on it is perfectly clear. The amendment proposes to change rather than clarify it.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I support the amendment. As Senator Regan said, it is very clearcut and simply seeks to put into statutory form the need for the court to be conscious that the victim has confirmed his or her awareness of the risk that disclosing the identity of the offender may result in disclosing the identity of the victim. The practice is that anonymity should remain protected, even where the victim...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: The Minister's reference to the proposed comprehensive sexual offences Bill is very welcome. Many of us have called for a codifying of the law on sexual offences, which is what the Minister proposes. It is both welcome and long overdue. However, in the short time I have been a Member of the House I have noted — I am sure Senator Regan will have seen this too — that where we table...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: Again, I thank the Minister for his full response but I reiterate Senator Regan's point that this amendment is self-contained and would be a change to procedure rather than the substantive law. I welcome that the process to codify the law on sex offences is ongoing. I should have declared my own interests, in that I am looking forward to working with the Office of the Director of Public...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I note that amendment No. 1 is consequential on amendment No. 50 which is clearly the substantive amendment. I am concerned about the practical impact of this proposed amendment and I wish to reserve my position on it for Report Stage. I ask for the opportunity to take soundings on it among other practitioners. I speak as someone who is a practising barrister and has worked a good deal in...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I thank the Minister for his full response. I am conscious Mr. Justice Fennelly's report maintained the principle that the time should run from the first appearance, albeit extending the time somewhat to reflect the greater reality. However, the principle espoused by the working group was important. My concern is that principle would be eroded by the proposed amendment and it would...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I wish to make a further brief comment. As I noted, I certainly intend to consult those at the coalface in representing people before the District Court and ask that the Minister's office does the same. While I am conscious that the Office of the Director of Public Prosecutions is at the coalface, it only represents the prosecution and Members must also be conscious of the right of the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Ivana Bacik: I wish to speak generally in support of Senator Regan's amendments. These are very useful and very welcome. They are in keeping with the needs of victims. It is clear from any research done that what victims and those who complain that they were victims of crime require is to be kept informed of the progress of an investigation, of any developments in the investigation and pre-trial...