Ivana Bacik

Order of Business

Tuesday, 29 November 2011

Senator Ivana Bacik:     I commend the Leader and the PCC’s public consultation process we undertook on Thursday. Nine different groups addressed us to advocate the rights of older people. It was an instructive and enlightening process. We have moved ahead hugely in terms of knowledge about what is required. We heard a great deal about the draft UN convention and the various needs of older people. It is an important part of Seanad reform to engage in this process, not only by having guest speakers like Mary Robinson, who was inspirational last Thursday, but to engage in public consultation with groups, such as the experts with whom we will engage this afternoon. I urge Senators to come in and listen to Professor Gerard Quinn and Professor Roseanne Kenny who are noted leading experts on the rights of older people. It will be an excellent session.

I support others who have called for a debate in the new year on domestic violence. We are in the fifth day of the Women’s Aid “One in Five Women” national campaign. This morning I had the privilege of launching a report by the Sonas housing association, entitled “A Safe Space”, co-authored by Ms Monica O’Connor and Ms Jane Pillinger. The report calls for the establishment of a women’s refuge in the Dún Laoghaire-Rathdown area, which is currently without a full-time refuge. The report has found seriously inadequate provision of refuge spaces in the Dublin area and across the country generally.

STATEMENT BY SENATOR IVANA BACIK
 Labour Party Seanad leader and Spokesperson on Justice
Thursday 17th November 2011

SENATOR BACIK WELCOMES RELEASE OF
DR RAFAH NACHED IN SYRIA

Senator Ivana Bacik today welcomed the release of Dr. Rafah Nached, the Syrian psychoanalyst, who had been detained since 10th September by the Syrian authorities.

Senator Bacik had raised the plight of 66-year old Dr. Nached on a number of occasions in the Seanad, and had circulated a cross-party Motion calling for her release. Senator Bacik had said that it was outrageous to see Dr. Nached, the first female psychoanalyst in her country, being arrested and detained as she was about to board a Paris-bound flight at Damascus airport to attend the birth of her first grandchild.

In welcoming Dr. Nached’s release today, Senator Bacik said,
 
 

“The release of Dr. Nached is long overdue. Her detention was outrageous and it provoked an international outcry and a major campaign for her release. The Tanaiste Eamon Gilmore had called for her immediate release on 4th October, and had associated himself fully with the 23rd September statement calling for her release by the EU High Representative for Foreign Affairs and Security Policy, Catherine Ashton. Other parliaments and Governments had similarly called for her release.”

“However, although Dr. Nached has now been released, many thousands of others have been arbitrarily detained in Syria, and many have been subjected to torture in custody. I call for an immediate end to the repression and violence of the Syrian people and will continue to press the Tanaiste and Government for further efforts to support the movement for democracy in Syria.”

ENDS

Order of Business

Tuesday, 15 November 2011

Senator Ivana Bacik:     I welcome the Leader’s announcement that a cross-party motion has been agreed on the sentencing to death of Pastor Nadarkhani in Iran, which is helpful. I remind leaders of the other groups that I have e-mailed an updated wording of a motion on Syria and would be grateful for cross-party support on that motion, particularly in light of recent reports of further abuses and killings by the Syrian Government and the suspension of Syria by the Arab League in a really dramatic move. This is a sign of how serious have become developments and how seriously repressive is the regime there. In this context, I would be grateful for an early response to the motion on the continued detention of the Syrian psychoanalyst, Dr. Rafah Nashed. The motion has been broadened to take account of other developments and of the repression and violence that has been used by the Syrian Government against peaceful protesters who have been protesting for democracy. I hope this motion also can be taken on an agreed basis.

I ask the Leader for a debate on prison policy in Ireland in light of the publication of the capital expenditure plan last week, which showed that further spending on Thornton Hall has been deferred. While many Members will be quite glad of that, they also need to ascertain what other resourcing can be done to ensure, for example, the phasing out of the brutal slopping-out practices in Mountjoy Prison. I acknowledge work is ongoing in Mountjoy as many members of the Joint Committee on Justice, Defence and Equality will have seen in recent weeks. However, they need to know whether resources can be put in place to ensure that conditions in Mountjoy Prison will become better for inmates and staff alike, as well as to ascertain what plans are in place to move children out of St. Patrick’s Institution. The commitment in the programme for Government is to end the practice of detention of children, that is, those under 18, in St. Patrick’s Institution. However, those of us who visited recently saw that more than 30 children remain in detention there. In conclusion, I wish to inform colleagues that I will hold a seminar with Dr. Harry Kennedy and Ms Emily Logan, Ombudsman for Children, at 4.30 p.m. today in the AV room to discuss the conditions in St. Patrick’s Institution.

…I would be grateful for the support of colleagues of all parties on this issue. Again, it is a matter on which there was cross-party support in the last Seanad from both Government and Opposition parties.

Gender-Based Violence: Motion

Wednesday, 26 October 2011

Senator Ivana Bacik:     I move amendment No. 1:

To delete all words after “That” and substitute the following:

“Seanad Éireann, condemning in the strongest terms female infanticide and all other violations of the rights of women and girls,

commends the Government’s firm opposition to such practices and its efforts to combat all forms of gender-based violence;

endorses the Government’s strong support for gender equality and the empowerment of women and girls through its Official Development Assistance Programme.”.

I welcome the Minister of State, Deputy Perry, to the House and the opportunity to debate this important issue. The Government’s amendment to the motion encapsulates the sentiments and motivation behind the motion by Senators Mullen and Quinn while addressing some of the reservations we had about aspects of the wording.

It is important to stress the Government amendment, like the motion tabled by the university Senators, condemns in the strongest terms female infanticide and all other violations of the rights of women and girls, while commending the Government’s opposition to such practices and its efforts to combat all forms of gender-based violence and endorsing its strong support for gender equality and the empowerment of women and girls through its official development assistance programme. This support for gender equality and the empowerment of women and girls goes to the heart of the matter and the reason this issue is as important as it is.

I will deal with some of the reservations the Government has with the wording of the motion. The term “gendercide” has had some usage in the media and was first coined in 1985, but its definition is not yet fully accepted and it is not used in mainstream development terminology. There are questions as to what the word applies to and interesting work has been done on the idea that the term is gender neutral and, therefore, does not apply specifically to the infanticide of girls. The most common occurrence of gender-based mass killings involves young battle-aged men. Throughout history state-directed gender-selective mass killings have overwhelmingly involved men. There is, therefore, an interesting debate about the meaning of “gendercide”.

Leaving the definitional point aside, we agree with the sentiments expressed in the motion. However, we have other reservations about certain elements of the motion. It would be wrong to single out China and India and suggest problems covered by what could be meant by gendercide are to be found solely in these countries. It would also be wrong to suggest the governments of these countries somehow tolerate or promote, as the motion states, this practice. That is not the case. Senator Feargal Quinn fairly accepted that certain practices were illegal in India. The Government also points out that during the years Ireland has had a strong record of advocacy in EU and UN frameworks on issues relating to the rights of women and girls. Our official development co-operation programme has a strong emphasis on gender equality and the empowerment of women and girls. The Irish Aid bilateral programme is strongly concentrated, as Senator Rónán Mullen knows, in sub-Saharan Africa which is not an area in which problems associated with the term have arisen.

As I stated, the Government amendment is preferable, as while encapsulating the sentiments of the motion, it does not limit condemnation of female infanticide to a particular state and does not suggest a particular state promotes or tolerate it. However, a bigger issue arises which we should debate, that is, the status of women and girls in societies in which girls are singled out for inferior treatment, even extending to killing.

An article headlined “Gendercide” in The Economist of 4 March 2010, to which Senator Rónán Mullen referred, stated the status of women was critical to the issue and pointed out that baby girls had been victims of a malign combination of ancient prejudice and modern preferences for small families. It also expressed hope this could change. The Economist suggested significant change had taken place in South Korea:

In the 1990s South Korea had a sex ratio almost as skewed as China’s. Now, it is heading towards normality. It has achieved this not deliberately, but because the culture changed. Female education, anti-discrimination suits and equal-rights rulings made son preference [a preference for boys] seem old-fashioned and unnecessary. The forces of modernity first exacerbated prejudice — then overwhelmed it.

The Economist continued to state China should scrap its one child policy. I absolutely agree with this. I visited China with the British Council and one of the issues on which we worked was the empowerment of women and the ending of the coercive one child policy. TheEconomist points out that to tackle these issues all countries need to raise the value of girls and encourage female education, abolish laws and customs that prevent daughters from inheriting property and get women engaged in public life. This is critical.

The need to empower women and girls is recognised in Irish policy on overseas development aid. Earlier today, at the launch of the UNFPA state of the world population report for 2011, the Minister of State, Deputy Jan O’Sullivan, spoke about the challenge to break the vicious cycle of poverty in the developing world through empowering girls and women. She spoke about the need to invest in health, particularly sexual and reproductive health, and education services for women and girls. She also stated — this is absolutely uncontested — that in country after country women and girls who had completed at least primary school education choose to have fewer children. This can lead to a more prosperous society and a society in which women and men are more equal. The Minister of State pointed out that the 2011 UNFPA report clearly stated that governments serious about eradicating poverty should also be serious about providing the services, supplies and information that women, men and young people needed to exercise their reproductive rights. The Minister of State’s speech at the launch of the report expressed very clearly the Government’s commitment to tackling the disempowerment and disadvantage of women and girls throughout the world.

In my work for many years I have always sought to ensure women and girls are empowered and that we see reproductive choices made available to women and girls. It is in this context that I very much oppose the coercive one child policy in China. I have worked with Plan Ireland which conducts a very effective “Because I am a Girl” campaign aimed at tackling, in particular, female poverty in developing countries and empowering women to break the vicious cycle of poverty for families and children. For me, the issues expressed in the motion and the Government amendment are about empowering women and girls. Many societies, including our own, have for far too long been repressive of women and sought to control women’s bodily integrity. In Ireland we forced women who had children outside marriage into Magdalene institutions and children born outside marriage into institutions in which terrible abuses occurred. What changed this was a change in culture. As happened in South Korea, we changed the culture to value women and girls more and give them rights; to give women reproductive choices; to introduce the unmarried mother allowance as it was then known, which had a hugely empowering effect on women; and to legalise contraception and access to information on abortion. All of these have helped to empower women and children in our society.

We must continue our work. I entirely agree that we must condemn in the strongest possible terms any practices which violate the rights of women and girls. I see my legislation on female genital mutilation in this context. It seeks to express utter condemnation of practices of female genital mutilation carried out in Ireland or other countries. As we know, it is estimated that there are approximately 2,500 women and girls in Ireland who have been subject to female genital mutilation. It is a very important issue to do with women’s reproductive rights and their right to health and bodily integrity. In this context, I am delighted to propose the Government amendment.

Order of Business

Wednesday, 5 October 2011

Senator Ivana Bacik:     I seek a debate on two human rights issues. The first concerns a matter raised by Senator Zappone yesterday, namely, the UN periodic review which takes place in Geneva tomorrow. All colleagues have been invited to attend at Buswell’s Hotel tomorrow morning, from 8 a.m. to 11 a.m., for a live screening of the hearing at which the Minster for Justice and Equality will be questioned on Ireland’s human rights record. I support Senator Zappone’s call for the Minister to attend the House following the hearing in Geneva to address us on Ireland’s human rights record. We had a good preview of this last week with the address by Maurice Manning, but it would be very useful to hear directly from the Minister with regard to the follow-up to the UN periodic review.

The Minister should also take the opportunity to address us on the proposed merger between the Irish Human Rights Commission and the Equality Authority. There is very little information available on how that merger is to take effect. We are concerned that the merger should have the effect of strengthening human rights and equality protection across the country and need to hear from the Minister on this.

I also seek a debate, or cross-party motion if possible, on a human rights issue concerning an individual. A prominent psychoanalyst from Syria who trained in Paris, Dr. Rafah Nashed, was critical of the regime in Syria and was arrested in Damascus Airport on 10 September when boarding a plane for Paris where her daughter was about to give birth. Dr. Nashed is in her 60s and is currently being held in solitary confinement. She suffers from a heart condition and her health continues to deteriorate.

An international petition has been launched to appeal to the Syrian authorities for her immediate release. I will speak to the leaders of the Opposition and Independent Members to try and get support in this House for a cross-party motion calling for her release on human rights grounds. The petition has been signed by many prominent people, including Colin Firth, the Vice President of the European Parliament and a former South American president. There is a wide range of support for her cause. It is a significant human rights issue and there is great concern among psychoanalytic and psychology professionals worldwide and among academics and doctors. We could play a small part here by calling on the Syrian authorities to release Dr. Rafah Nashed. I urge the leaders of other groups in this House to sign a cross-party motion.

Address by President of the Irish Human Rights Commission

Wednesday, 28 September 2011

Senator Ivana Bacik:     I welcome Dr. Manning back to the Seanad in his capacity as president of the Irish Human Rights Commission. I enjoyed his address, as I am sure did all Members, as shown by the response he received. It is an auspicious time for him to come to the Seanad to speak to us on human rights, given that in a week’s time, next Thursday, 6 October, we will see the periodic review of Ireland’s human rights record before the United Nations. I am grateful, as I am sure are colleagues, to the many civil society groups represented in the Visitors Gallery today which made submissions to the United Nations as part of the review process and which sent copies of their submissions to us. In particular, I found very useful the submission of a collective of civil society stakeholders under the title, “Your Rights. Right Now”, provided by the Irish Council for Civil Liberties.

Before speaking about some of the human rights issues raised in the submissions, I pay tribute to Dr. Manning because, as he and Senator Conway said, “human rights speak” can sometimes be impenetrable or difficult to follow, but Dr. Manning has always made it accessible. I have always thought that one of his key achievements as president of the Irish Human Rights Commission has been to make the language of human rights accessible and understandable. Some of the points he has made about the future protection of human rights in this jurisdiction are extremely important. His reference to the body which will emerge as a result of the merger of the Irish Human Rights Commission and the Equality Authority and the idea that it will be made accountable to the Oireachtas rather than the Government is hugely important; it is something we in the Seanad must try to drive.

Dr. Manning’s insightful comments on the role of the Seanad give us food for thought. This Seanad is a much more dynamic and vibrant institution than the previous Seanad, to which I had the privilege of being elected. The omens are good in that regard.

On human rights issues, there are four key issues which I see as being critical in the periodic review and on which I would welcome Dr. Manning’s response. Part of the Seanad reform procedure we have instituted not only involves addresses by persons such as Dr. Manning but also provides for greater engagement with civic society through public consultation. Having questions and answers and more direct responses in this Seanad is important. On the four key issues that emerge from many of the submissions made and on which the periodic review is likely to be critical, what are the specific issues on which Dr. Manning believes Ireland may be found to be at fault?

The first of these issues is children’s rights which comes through as a key issue in many of the submissions made to the United Nations. The overriding concept of holding a referendum on children’s rights and its timing will, no doubt, be brought up. It is a priority for the Government and the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, in particular. There are other issues around the lack of a universal child benefit payment for the children of asylum seekers who are not habitually resident here. This issue has been raised by a number of groups such as the Free Legal Advice Centres. The rights of children of asylum seekers living in direct provision accommodation has ajlso been raised by AkiDwA. Equality of access to education for children has been raised from a number of perspectives by the Irish Traveller Movement, GLEN, the Irish Refugee Council and others. The Irish Human Rights Commission has referred to the need for equality of access to education for children of all religions and ethnicities and the right of access to education for children with special needs and disabilities. I suspect this may be an issue which will come up in the period review. Has Dr. Manning a view on what is likely to be the most pressing concern for the United Nations?

On the issue of prison conditions and penal reform, the Irish Penal Reform Trust has made a strong submission that the impact of overcrowding on prisoners constitutes a serious health and human rights issue. There are other issues around slopping out and the imprisonment of children, including the continued detention of children in St. Patrick’s Institution, that might well be raised. The lack of an independent complaints mechanism for prisoners, for child prisoners in particular, is also a pressing issue.

On women’s rights, there are issues around the representation of women, an issue on which I have been very active and to which the Government is committed to addressing through the electoral amendment legislation, the heads of which the Minister for the Environment, Community and Local Government, Deputy Hogan, has published. This may be something that will be seen as positive in the periodic review. However, the report issued today by Safe Ireland showing the appalling numbers of women seeking assistance in domestic violence cases highlights the need for greater resources for domestic violence shelters and refuges. This may be a point of critique in the period review.

I raise the issue of women’s reproductive rights, an issue which has been raised in the civil society stakeholder report entitled, “Your Rights. Right Now”. Recommendation No. 12 points to the need for the repeal of the Offences Against the Person Act which criminalises the provision of abortion services. Legislation is also recommended to implement the decision in the X case. As many will be aware, Ireland has been subject to a series of criticisms from international bodies such as the UN body which monitors the Convention on the Elimination of All Forms of Discrimination against Women and the convention against torture. Ireland has been subject to a number of criticisms about our restrictive abortion laws. Only last year in the ABC v . Ireland case the European Court of Human Rights found Ireland to be in breach of the convention in respect of an overly restrictive law on abortion and owing to a lack of clarity where a woman’s life was threatened by the continuance of her pregnancy. Will Dr. Manning say whether this will be an issue in the UN periodic review and on which Ireland could be seen to be at fault? The programme for Government has committed us to taking certain actions on foot of the ABC v. Ireland case, namely, the establishment of an expert group which will have to be done without delay.

I thank Dr. Manning for a thought provoking and insightful address to us, not only on the subject of human rights protections but also on the future of this House and, more broadly, the reform of our governance system to ensure greater protection for human rights in a reformed Oireachtas. We will all be taking on board the comments he made.

Order of Business

21^st June 2011

Senator Ivana Bacik: Like Senator O’Brien I ask that the Minister, Deputy Howlin, come into the House although it is almost as important that he be brought in to speak to us on the topic of political and constitutional reform. We are all delighted that the Private Members’ business will resume today on the subject of Seanad procedures but there is an urgency about debating in this Chamber the bigger issue of constitutional reform and the setting up of the constitutional convention promised in the programme for Government which falls under the responsibility of the Minister, Deputy Howlin. I ask that the Leader might arrange a debate with the Minister, Deputy Howlin, on that topic as well.

Given that this week marks World Refugee Day I ask that the Minister for Justice and Equality be invited into the House in the coming weeks to discuss reform of asylum procedures. I am conscious that the United Nations Refugee Agency today called for reform of our asylum laws noting with grave concern Ireland’s low rate of recognition of refugees. At 1.5% we have the lowest recognition rate in the European Union, and that is and should be a matter of great concern for all of us. It has also noted the delays in the system.

All Members of the House will be aware that under the previous Government the Immigration, Residence and Protection Bill was at an advanced stage when it was withdrawn by that Government. We must hear from the Minister for Justice and Equality about his plans for reform of the asylum system in the context of new legislation coming forward.

I ask further that the Leader ask the Minister for Justice and Equality for a debate on white collar crime. I note that Ken Murphy of the Law Society of Ireland has raised the issue of the delay by the Garda in investigating complaints against two Dublin solicitors struck off more than two years ago by the High Court, and there is no indication yet as to where the Garda investigation against them is going. That is in the context of much more serious concerns about the lack of any speed in the investigation of white collar crime and crime committed by bankers.

STATEMENT BY SENATOR IVANA BACIK

Labour Seanad Group Leader
Thursday 16th June, 2011

SENATOR BACIK WELCOMES ANNOUNCEMENT THAT EXPERT GROUP ON ABC JUDGMENT WILL BE SET UP

 
Senator Ivana Bacik today welcomed the announcement that an Expert Group would be set up on the ABC judgment, and called on the Government to ensure that this Group would work within a tight timeframe to report back on the implementation of the European Court of Human Rights judgment in the ABC case.

Speaking in the Seanad, Senator Bacik said:
“I believe that it is time we as legislators grasped the initiative on the issue of abortion and ensured that the judgment of the European Court of Human Rights is implemented without delay. I hope that the Expert Group will be established soon, and that it is given a tight timeframe within which to report back.

“I am glad that the Government is submitting an action plan to the Council of Europe today as required, but I am conscious that, as Anne Ferris TD has said yesterday, that for far too long we have neglected the real health needs of women in Ireland and failed to face up to the reality of abortion in this country. The people have voted twice in separate referendums (in 1992 and again in 2002) to uphold the decision of the Supreme Court in the X case, and it is high time that we legislated to provide for the conditions under which lawful abortions may be performed here.”

ENDS

Order of Business

7th June 2011

Senator Ivana Bacik: I join other Senators in congratulating those Members who are in the new Independent group of Taoiseach’s nominees. Senator van Turnhout is the leader, if an independent group can have a leader. We are all glad to see a new group being formed, it will add to the quality of debate in this House. I can inform Senator Leyden that it is possible for a card carrying member of a political party to be a member of an independent group. I should know because I was previously a member of the Independent group despite having been a card carrying member of the Labour Party.

… It is perfectly possible and we all welcome it. I also welcome the induction training in procedures for new Senators. It is important and we can all learn from it. I hope to attend because it is useful for all of us to get a reminder of procedures in the House.

I join Senator O’Brien in condemning the killing in Donabate at the weekend. Like many others, I was on Donabate beach on Saturday with my children and it is appalling to think such a brutal murder would happen in such a beautiful holiday spot. Both sides of the House join in condemning that.

We have some good news from the weekend. The airline pilots’ strike has been averted. That is a matter of great relief to anyone contemplating travel and it is a great relief to the tourism industry here.

I ask for a debate on the recommendation of the UN committee against torture, which recommended that a statutory investigation should be held into allegations of torture and degrading treatment in the Magdalene institutions. This has been a cause for a long time and there is an excellent article by Patsy McGarry in The Irish Times today. All of us, including Senators on the Government side, should support the call for some form of apology and compensation to be offered to the survivors of these horrific abuses by the State at this stage in the campaign.

STATEMENT BY SENATOR IVANA BACIK

Labour Senator for Dublin University
Thursday, 16th December, 2010

SENATOR BACIK WELCOMES EUROPEAN COURT OF HUMAN RIGHTS JUDGMENT IN ABC CASE

Senator Ivana Bacik has today welcomed the judgment of the European Court of Human Rights in the ABC case, upholding the application of Applicant C and finding that her rights under the European Convention on Human Rights were violated by the Irish State’s failure to specify the conditions under which she could obtain a lawful abortion.

Senator Bacik said:

“This judgment does not change the substance of Irish law, since Applicant C sought an abortion because she was suffering from cancer and the continuance of her pregnancy could have endangered her life. Under the X case test, she should have been entitled to an abortion here; but she could not get clarification from any doctor as to the conditions under which she could have had the lawful abortion here. The European Court has therefore ruled that we must have greater clarity in our law, through passing legislation which will ensure that the right to a life-saving abortion is put into effect. I very much welcome the ruling and urge the Government to introduce legislation now, as Labour has already recommended, to provide clarity about the conditions under which the X case judgment may be implemented by doctors. ”

ENDS