Ivana Bacik

Order of Business

Senator Ivana Bacik: There was talk yesterday about the need to debate good news so I will begin by welcoming some good news, the fact that the airlines appear to be returning to normal service today with the announcement that the air space over Ireland is open again. That is very welcome. The only unwelcome aspect is that it means emigration will begin again. It has been said that the Icelandic volcano did more to stem the flow of emigrants from Ireland, especially young people who must go abroad to seek jobs, than any Government policy. Indeed, Government policies are to blame for rising unemployment. The Labour Party and other Opposition parties have called previously for an urgent debate on jobs and unemployment. That must take place.

I echo the call of Senators Fitzgerald and O’Toole for a debate on banking. This is a very urgent matter and I support the amendment proposed by Senator Fitzgerald. People are volcanic with anger at the revelations that are made daily about excessive payments to bank officials and the cover-ups that occurred. The front page of today’s Irish Independent shows an e-mail sent in May 2008 to senior bankers within Anglo Irish Bank telling them not to disclose a back-to-back loan that had been obtained from a German bank to make Anglo Irish Bank appear more creditworthy than it was. We are now seeing extensive information about what was really taking place, particularly in Anglo Irish Bank and Irish Nationwide Building Society. It requires that we again ask the Government why it passed such a comprehensive bank guarantee scheme in September 2008. The Labour Party was the only party to oppose it and at that time I was the only Independent Senator to oppose it. We were right at the time and we are still right in terms of asking the questions about why that blanket guarantee was given, considering what we know now. We need an urgent debate today on banking in light of these revelations. As Senator Fitzgerald said, there must be serious concern also about the position of public interest directors. A former Fine Gael leader appointed as a public interest director in Anglo Irish Bank now seems to be acting more in the interests of that zombie bank than in the public interest and there are questions about this.

I also ask for a debate on a separate matter, on the rights of families of homicide victims in light of a statement issued during the Easter recess by the association for the truth about the murder of Sophie Toscan du Plantier. That association welcomed the issuing of an arrest warrant in France against an Irish resident. We could learn usefully from some of the French criminal justice procedures in place to assist the families of victims of homicide and of crime in general.

I welcome some aspects of the Government’s amendment to the Private Members’ motion, the Female Genital Mutilation Bill 2010, proposed by the Labour Party. However, 12 months is a very long time to be waiting for this urgent legislation, given that the first specific Act to ban female genital mutilation was passed in the United Kingdom in 1985 and the Labour Party first introduced a Private Members’ Bill in the Dáil in 2001. This delay of 12 months is simply unacceptable. I welcome the Minister’s commitment but we will be pressing ahead with that Bill in the debate.

Speaking today in the Seanad on the Committee stage of the Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009, Senator Ivana Bacik proposed an amendment to the Bill that would require the Minister for Justice to publish a five-year anti-money laundering and counter-terrorist financing strategy illustrating how the objects of the Act are to be pursued. 

Speaking about the issue, Senator Bacik said 

"We are all in agreement with the objectives of this Bill, and with the urgent need to develop effective measures to deal with money laundering, terrorist financing and white collar crime generally. The idea of requiring the Minister to develop a five-year strategy on how this will be done in practice is borrowed from the British legislation.” 

Although the Minister did not accept the amendment, Senator Bacik asked him to review the position again before Report Stage, pointing out that such a strategy: 

“ would provide a useful incentive to us to develop an effective multi-agency and cross-departmental approach to such crime. This is not just a matter for the Gardai and Revenue Commissioners, but also for the Financial Regulator, the Director of Corporate Enforcement and other bodies charged with regulating the financial sector. We have seen only too clearly how the failure to regulate the banks has damaged our economy. We must ensure that in the future measures adopted to combat fraud, money laundering and white collar crime are more effective in practice.” 

ENDS. 

Order of Business

Senator Ivana Bacik: Will the Leader indicate when the Immigration, Residence and Protection Bill is likely to come before the House? I am aware the legislation is still before a select committee and I understand an unprecedented number of amendments, some 700 in total, have been listed for the Bill. It is a matter of particular interest to learn when the legislation will come before the House as it is likely that we will need considerable time to deal with it.

I also ask for an urgent debate on failures in the criminal justice system in response to the revelations in the Murphy report and, in particular, in response to a disturbing report broadcast on the BBC “Newsnight” programme last night about convicted serial sex abuser, Bill Carney. Mr. Carney was described in the Murphy report as one of the most serious, serial sexual abusers investigated by the commission. He was convicted in 1983 of indecent assault and despite being defrocked in 1992, received a pay-out of £30,000 from the Catholic Church. The Murphy report indicated that his whereabouts are unknown but he is believed to be in Scotland. I understand a BBC team used Google to track him down to an address at 4 Murray Park, St. Andrews, Scotland, where for ten years—–

An Cathaoirleach:  The Senator should not identify persons by name in the House. Is she referring to a case in another jurisdiction?

Senator Ivana Bacik: No, it relates to crimes that are alleged to have taken place in this jurisdiction.

An Cathaoirleach: The Senator should not refer to individuals by name as court cases may well arise.

Senator Ivana Bacik: The issue was discussed on television last night and the individual in question was convicted in 1983 in this jurisdiction. The Murphy commission indicates that 32 individuals made complaints or allegations against this man. A number of these complaints were made to the Garda. Questions need to be answered as to the reason this man was allowed to run a family friendly guesthouse in Scotland for ten years. He is now in the Canary Islands where the BBC team tracked him down. He can be in contact with children and families at all times and is not subject to monitoring. It also appears that no European arrest warrant has been issued for him. Questions must be asked in general about our criminal justice system and how this issue has been allowed to arise.

The Murphy report also refers to past collusion by Bishop James Kavanagh with senior gardaí which prevented this man being brought to justice and allowed many people to be abused, one of whom subsequently committed suicide.

Order of Business

Order of Business

Senator Ivana Bacik: I add my voice to Senator Alex White’s tribute to the very distinguished public servant who died this week, Mr. Paddy MacKernan. He was a former Secretary General at the Department of Foreign Affairs and I knew him personally. He was a remarkable man, warm and generous, with a distinguished public service career serving as a diplomat in many Irish embassies and as Secretary General. I note his passing and extend my sympathies to his wife Caitríona and his family.

I seek a debate on the report of the Garda Inspectorate and the concerns arising from the commentary on it. Senator Hannigan has also asked for this debate. Yesterday at the meeting of the Joint Committee on Justice, Equality, Defence and Women’s Rights we examined the important issue of self-defence for householders in the context of burglary. We are preparing position papers on this. It was interesting to note that both the Irish Council for Civil Liberties and Irish Rural Link, who made presentations to the committee yesterday, agreed legislation is only part of the way we should deal with isolated householders concerned about the limits of their protection in law. We should also examine policing. In the context of a proposal for a reduction in the 24-hour cover at Garda stations, this is of great concern. It is interesting that groups seen as coming from very different places are in agreement that increased policing cover is crucial.

I also seek a debate on domestic violence, taking up Senator MacDonald’s point. The Civil Partnership Bill, although welcome in many respects, will make the position worse for cohabitees through its amendments to the Domestic Violence Act. It may lessen the protection for cohabitants at risk of violence, for example, by requiring that they prove they have been cohabiting immediately before the application for the safety order. There is also a serious omission in the legislation in that it does not cover a couple with a child in common but who are not cohabiting. Women’s Aid has been doing great work on this but we could have a useful debate in this House on domestic violence and legal protections particularly because the Civil Partnership Bill will be before the House shortly.

The Dublin Rape Crisis Centre (DRCC) and the Law School, Trinity College jointly hosted a conference entitled “Rape Law: Victims on Trial?” in Dublin Castle on Saturday January 16th 2010. The conference marked the 30th anniversary of the DRCC.

To access the powerpoint version of my paper "Separate Legal Representation in Rape Trials", which was given at the conference, please click on the following link:

www.ivanabacik.com/wp-content/uploads/Bacik_Rapelaw_ppt_16jan10[1][1].ppt

BACIK CONDEMNS CULTURE OF ‘COVER UP’ EXPOSED BY MURPHY REPORT INTO DUBLIN ARCHDIOCESE 

SPEECH BY SENATOR IVANA BACIK AT CONFERENCE MARKING 25TH ANNIVERSARY OF GALWAY RAPE CRISIS CENTRE

Labour Party Seanad Spokesperson on Justice

Friday, 27 November, 2009

Speaking at a conference in Galway today to mark the 25th anniversary of the Galway Rape Crisis Centre, Senator Ivana Bacik welcomed the publication of the Report of the Commission of Investigation into the Catholic Archdiocese of Dublin. She condemned the failures of the Church and State authorities to deal appropriately with allegations of sexual abuse, as exposed in the Report.

Pointing out that the Report investigated complaints made against a sample of 46 priests in respect of 320 children, Senator Bacik condemned the appalling cover-up of this widespread abuse by the Dublin Archdiocese, and also criticised the failures in the response of Gardai to complaints of sexual abuse made against priests. 

In praising the work of the Galway Rape Crisis Centre and the Network of Rape Crisis Centres nationally, Senator Bacik said: