Seanad debates

Wednesday, 23 May 2012

11:00 am

Photo of Ivana BacikIvana Bacik (Independent)

We need to consider our practice, particularly on the Order of Business.

Senator David Norris asked about the motion on the exchange of data on passenger names. As justice spokesperson for the Labour Party, I will certainly be present to speak to the motion and raise with the Minister some of the issues I raised previously at the Joint Committee on Justice, Defence and Equality.

Senator Cáit Keane, whom I know has to be elsewhere, referred to Mr. John Gallagher and asked for the Minister for Justice and Equality to make a statement on the issue. It would be appropriate for the Joint Committee on Justice, Defence and Equality to ask the Minister to make a statement on the new procedures under the Criminal Law (Insanity) Act 2006 that will govern the position of persons found not guilty by reason of insanity. As the Senator said, the law has changed since the Gallagher case.

Senator O'Donovan raised the issue of the Smithwick tribunal. Of course, the Minister, Deputy Shatter, will be in the House today and Senator O'Donovan and myself will be here to address those issues with him.

Senator O'Donovan also stated he would be seeking an amendment to the Order of Business in order that we would sit for a full-day debate on Tuesday next on the referendum. We had a debate on Thursday last on the referendum. In total, 12 Senators spoke on the referendum which demonstrated the level of interest in a debate. I, for one, would much prefer to be out canvassing next week for the referendum and that is why we will not be sitting next week. That would be a better use of our time.

Senator Whelan raised the issue of the insolvency Bill. That issue was raised by a number of Senators. To clarify, the heads of the insolvency Bill were published some time ago. The Joint Committee on Justice, Defence and Equality, as Senator Conway stated, conducted a series of oral hearings with interest groups and those working on the front line with those in mortgage arrears and, indeed, with banks, etc. We had a series of hearings and on foot of those hearings, we published a report which has made various recommendations for change to the heads of the Bill. Among the recommendations we made was, specifically, that mortgage debt would be included in the Bill. We also made a recommendation that specific consideration would be given to protection of the family home in contrast with other forms of mortgage debt. The Minister for Justice and Equality, Deputy Shatter, under whose remit this comes, has committed to publishing the Bill by the end of June. Work is going into this Bill now across the Departments of Justice and Equality and Finance and the Attorney General's office. It is a priority for the Government, as the Taoiseach made clear yesterday, but they want to be careful to get it right. It is a complex issue but no doubt it is very important. The Minister has also stated that he intends to introduce the Bill, and I hope very much in the Seanad rather than in the Dáil, by the end of the summer session.

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