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Seanad: (4 Mar 2009)

Ivana Bacik: I know but in fact there is already sufficient remedy under the Adoption Act 1998, and under the provisions that replicate most of the same procedures in this Bill, the natural father is to be consulted and has the right under section 16 to give notice of his wish to be consulted. I accept that one should be innocent until proven guilty in the criminal law but we are talking here about the...

Seanad: (4 Mar 2009)

Ivana Bacik: Provisions relating to birth certificates are contained in the Civil Registration Act.

Seanad: (4 Mar 2009)

Ivana Bacik: Guardianship is separate from adoption.

Seanad: (4 Mar 2009)

Ivana Bacik: That answers the earlier point because in order to sign a statutory declaration to be a joint guardian one does not have to produce the birth certificate or show that the father was named. That is what I thought and I am grateful that it has been clarified and that in order to sign the statutory declaration giving the birth father rights of guardianship jointly with the mother there is no...

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: On a point of order, the normal procedure is that we discuss amendments when they are grouped together but they are not put or voted on until they are reached sequentially.

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: I move amendment No. 3: In page 17, between lines 25 and 26, to insert the following subsection: "(4) In this Act, "married couple" means an opposite-sex or same-sex married couple or a couple who have entered a registered civil partnership with each other.". I welcome the opportunity to discuss this important amendment but I should at the outset declare my interest as counsel in the case...

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: I am always reserved.

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: On a point of order, before the House suspends I ask the Minister of State to take the opportunity during the sos to consider whether some move towards the recognition of same-sex couples, and children within same-sex couples, might be done in the civil partnership legislation. The Minister of State said at an earlier stage that his view was that the matter should be dealt with in the civil...

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: I support this amendment. Like other Senators, I received information from the International Adoption Association that highlighted its concerns in respect of children who have been adopted or who may be adopted in future by Irish parents from countries without bilateral agreements but where they are being prepared but are not yet concluded, particularly Vietnam, Ethiopia and Russia. In...

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: I am grateful for the Minister's response. It is useful to remind ourselves that the rights of the child, not the parents, must always be paramount. The Minister is to be commended on the progress that has been made with Vietnam. However, I share the concerns of other Senators. It is a concern that some other countries in the EU have broken the link with Vietnam. The valid questions that...

Seanad: Order of Business (4 Mar 2009)

Ivana Bacik: I welcome the announcement of the mini-budget or whatever the Government will call it. I also welcome the Government's inclusive approach in indicating that it will brief the Opposition on budgetary figures. That is very important, although Senator Ross is right that there is a danger for the Opposition in being brought in too closely. Deputy Joan Burton's call for the publication of the...

Seanad: Order of Business (4 Mar 2009)

Ivana Bacik: I thank the Deputy Leader.

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: It might be dangerous to include a line such as this because wherever legislation incorporates the text of a convention, it is always in English. If we start stipulating in express terms "in the English language" in a section such as this in one Bill, the danger is that in other legislation where we have not inserted that phrase, a lawyer in the years to come might claim the French text is...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: I accept what Senator O'Donovan stated about solicitors being on the front line in that they offer services directly to clients much more frequently than barristers. I should stress that I approve of the idea of the levy. I certainly was not putting it any higher than simply raising the difference in numbers of complaints. I accept fully that both the Bar Council and the Law Society should...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: It is 9,000 solicitors to 2,000 barristers.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: I welcome this section. This is the crux of the Bill, enabling the making of complaints to the ombudsman. As I stated on Second Stage, I welcome it because it provides for a necessary degree of oversight and scrutiny of what for a long time has been regarded as self-regulating professions. I acknowledge the professions have made quite significant amendments to their own disciplinary...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: I welcome the principle expressed in section 22. I have often been approached by people who are unhappy with the service they have received from a solicitor or barrister. Often delay is a major factor in people's dissatisfaction, with calls not being returned or unexplained delays in procedure. I know how difficult it is for practitioners to keep on top of work so there are points on both...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: I echo Senator Norris's words of welcome for the Bill. I thank the Minister of State for all his work on it and for answering the points we raised with substantive replies, rather than formulaic ones that we sometimes get on legislation. The Bill will provide for an important extra layer of scrutiny, as has been said. It will improve the quality of services provided to members of the...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: On a point of order, that was a joke.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Ivana Bacik: I was going to hold my fire for later sections but having been brought in by Senator Norris I would like to speak on this section. I must first, however, declare my interest as a member of the trade, being a barrister.

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