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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.

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

Ivana Bacik: I welcome the Minister of State and the opportunity to debate this important Bill, which was prompted by a change in the climate in which we view criminal justice legislation, a change that was largely a result of horrific, so-called gangland killings. Somehow, that phrase sensationalises them and is not the best that could be used, but we are all reminded of the horrific killings of Shane...

Seanad: Financial Measures (Miscellaneous Provisions) Bill 2009: Second Stage (25 Jun 2009)

Ivana Bacik: I wish to share time with Senator Quinn.

Seanad: Financial Measures (Miscellaneous Provisions) Bill 2009: Second Stage (25 Jun 2009)

Ivana Bacik: I am always somewhat wary when I see a Bill arriving in this House with the words "miscellaneous provisions" contained in the title. It tends to be an amalgam of different issues, some merely technical, but usually with a little nugget of something more controversial buried within it. We have had several Criminal Justice (Miscellaneous Provisions) Bills which have had some rather dangerous...

Seanad: Order of Business (25 Jun 2009)

Ivana Bacik: I support other colleagues, Senators Healy Eames, Hannigan and Ormonde, who called for a debate on prison policy, which I called for yesterday. It is especially urgent that we debate it given the announcement yesterday by the Minister for Justice, Equality and Law Reform that plans for the prison at Thornton Hall will go ahead and that the new prison will be up and running in five years....

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

Ivana Bacik: I second the amendment.

Seanad: Order of Business (24 Jun 2009)

Ivana Bacik: That is some spin.

Seanad: Order of Business (24 Jun 2009)

Ivana Bacik: I support Senator Mary White's call for a debate on prisons, which is long overdue. The work of the Irish Penal Reform Trust to which she referred has been important in generating debate on prisons and on the need to ensure alternatives to custody. It must be stressed that there are other ways-----

Seanad: Order of Business (24 Jun 2009)

Ivana Bacik: Prison is not the appropriate method. St. Patrick's Institution, which Senator Mary White mentioned, has been recommended for closure for more than 20 years. It is recognised internationally as being an inhumane institution in which there is almost no prospect of rehabilitation for its inmates, who tend to go on from there to the adult Mountjoy Prison. While on this subject, I have visited...

Seanad: Order of Business (24 Jun 2009)

Ivana Bacik: I refer in particular to the dreadfully distressing pictures that are widespread on the Internet, of a young woman, Neda Soltani, who apparently was shot point-blank by government forces as she simply stood on the sidelines of a demonstration. The Iranian ambassador should be called in and the Minister for Foreign Affairs should express his concern.

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