Ivana Bacik

Order of Business

Wednesday, 18 January 2012

Senator Ivana Bacik:     I join Senator O’Brien in conveying the sympathies of the Labour Party Members to the family of the former editor of the Sunday Independent, Aengus Fanning, and to the families of the fishermen lost in the tragedy at sea off west Cork. We all commend the bravery of the search and rescue teams and the immense solidarity and bravery of the local communities in Union Hall.

I take this opportunity to commend the Oireachtas library and research service on its excellent briefing on trends in the economy. It managed to make the statistics and figures understandable and accessible. It is important that it should provide such a service to us, particularly in light of the ongoing crisis at European level. I note the reports today on the attempts at European level to avert default by Greece. It is of immense concern to us all that such a default be prevented.

I welcome the establishment by the Government last week of the expert group on the ABC case, in which the European Court of Human Rights found against Ireland in December 2010 in respect of our abortion law. It is very welcome that this Government is finally grasping a nettle which previous Governments failed to grasp. The expert group will examine how to implement the judgment and avoid future litigation against Ireland on this subject. The group, which is made up of eminent individuals from a range of disciplines, will report within six months. I ask the Leader to allow for a debate on that report following its publication.

Will the Leader arrange for a debate on waste strategy in light of the huge concerns of Dublin residents regarding the takeover of the city’s waste disposal service by a private contractor, Greyhound? There has been immense confusion, a lack of notice to residents and the wishes of councillors has been overridden, as city managers are legally entitled to do. The process has not been well managed and there is great concern about the need for upfront payments to Greyhound and for people to maintain money in an account before their refuse will be collected. This could lead to a serious crisis for litter collection in the city.

Order of Business

Wednesday, 11 January 2012

Senator Ivana Bacik:     I join with others in welcoming everyone back after the break and wishing colleagues a happy new year and a busy and productive session ahead.

I mention the untimely deaths of two very noted and respected journalists, Caroline Walsh of The Irish Times, and Mary Raftery, whose brave investigative work for RTE, and “Prime Time” in particular, exposed some shameful abuses of individuals, children and those with psychiatric illness in the past. They are sad losses to note over the period.

I welcome the new Jobs initiative announced today led by nine different Departments. It is vitally important that such initiatives are established, particularly given the news over the break of the difficulties experienced by workers who have lost their jobs in companies like Vita Cortex in Cork and La Senza at various locations around Dublin where workers were told of the loss of their jobs at outrageously short notice and are still owed back pay by companies which in other aspects are still trading. It is an issue we need to debate. The Leader has announced the debate tomorrow on the report on small business, which was sought at the end of the last session, and we will have other debates also on jobs initiatives over the coming weeks. I very much welcome these debates because we must be creative in our thinking about job creation and trying to stem the rises in unemployment.

As part of the debate on children’s rights I ask that we also incorporate a debate on adoption. The Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, is in Vietnam this week and I very much welcome the announcement that she is there to seek to conduct the bilateral agreement with Vietnam necessary for adoptions to continue from that country. We had an excellent debate in the previous session of this Seanad on the Adoption Bill which came into force at the end of last year but huge concerns remain. Many of us will have heard from individuals who have friends or family who are very concerned about the issue of adoption and the way adoption law is now operating under the new and much more child friendly regime established by the Adoption Act. It would be useful, given that the Minister will attend the House to debate children’s rights, to also have her deal with the issue of adoption, particularly when she returns from Vietnam.

Order of Business

Thursday, 15 December 2011

Senator Ivana Bacik:     I agree with Senator O’Brien that we need a debate on the issues around the EU deal done last week and the question of whether we will have a referendum in the new year. I am delighted we will have the opportunity tomorrow, when the Minister of State, Deputy Creighton is here, to try to tease out the question of whether a referendum will be necessary and, if it is to be held, what it will be seen as. I did not hear the Minister for Finance’s initial comments, but I read the interview he gave to The Irish Times in which he says that the practical politics - the shorthand - will be whether we want to maintain Ireland’s position as a eurozone country. We need to tease out whether that is a correct interpretation of how it will be seen and that is a different question to the one as to the content of the referendum. We need more time to debate those issues.

I renew a call for a debate on an issue I raised earlier in the week, on Tuesday, on the ESRI-UCD report on changing family forms. This important report looks at the changing demographic in Ireland and the changing make-up of family and there are political consequences from this. One of these is the need for more flexible work practices and the case for paid paternity leave, even just for a short time, to enable fathers get greater recognition in the workplace. I seek a full debate on this in the new year. I noticed that during the debate on the Social Welfare Bill on Tuesday, the Minister, Deputy Burton, pointed out that the report has implications for social welfare policy and social protection and how payments will be made in the future. A debate on this would be very useful.

I also seek a debate on education. A report from the CSO today indicates that Ireland is joint first in the European Union for third level attainment among those aged between 25 and 34. Some 48% of these have a third level qualification, well above the EU average of one-third. This is interesting and a debate on the issue would be beneficial.

All of us will have huge concerns about the report from the historical inquiries team yesterday, on the Miami showband massacre in 1975, which showed the team found RUC special branch involvement. This is something we need to debate in the House.

Order of Business

Wednesday, 14 December 2011

Senator Ivana Bacik:     Given it is the last week and we are waiting for things to come from the Dáil, some difficulty was inevitable. I entirely agree, however, with levels of scrutiny of legislation on Committee Stage. This House has generally had a high standard of debate, particularly on Committee Stage, where we offer a higher level of scrutiny. That debate will be more common in the new year.

I am looking forward to a debate early in the new year on the electoral amendment (political funding) Bill. I was delighted to see it was approved by Cabinet yesterday and will be published this week. It is likely to start in the Seanad, something we should all welcome. The Seanad is the only House of the two that has ever had a debate on women’s participation in politics. We had that debate in May 2010 on foot of the report I had authored for the justice committee on women’s participation in politics, which recommended legislation requiring political parties to adopt a minimum proportion of candidates of each gender. I am delighted his Bill will now be introduced and that it will be done in the Seanad and I look forward to the debate in the new year. The international evidence is clear that unless we take positive steps and require political parties to adopt targets for the promotion of women in politics, we will not see any improvement in our poor figures for women’s participation rates in politics. There was cross-party support in May 2010 when we debated the principle of positive action.

We all wish to send our sympathies to the families of the victims of the terrible massacre in the Belgian city of Liège yesterday. We will be debating foreign affairs early in the new year and we should discuss the massacre of civilians that has been occurring under the radar in Syria in recent months. Some dreadful reports are emerging, but very little is being reported of what is really happening because of the ban on foreign reportage. We might explore our foreign policy towards Syria when we have that debate.

Order of Business

Tuesday, 13 December 2011

Senator Ivana Bacik:     The Leader will respond to the Order of Business but in respect of developments in the eurozone, clearly things have moved on since we last met on Friday. Unfortunately, there is still a lack of detail as to what is in the agreement reached by the European leaders on Friday. We will need to wait and see the detail before we know for sure whether a referendum will be necessary here. The Taoiseach has already said it will be a number of months before that is likely. It is very much wait and see.

I understand Deputy Ó Ríordáin has raised a very specific issue with the Minister about the preservation of a small number of legacy posts in DEIS schools. It is fair to say the vast bulk of funding for DEIS schools was protected by the Minister in the budget last week.

I call for a debate on appointments. An issue was raised by a number of colleagues last week concerning the appointment of the Irish representative to the Council of Europe’s Committee on the Prevention of Torture. The person appointed from Ireland last week was the former Secretary General of the Department of Justice and Equality. Valid concerns were raised by colleagues about the outcome of the appointment process. It was understood somebody else would be appointed. I have asked the Oireachtas Joint Committee on Justice, Defence and Equality to investigate the matter in the new year as it is something it should do. The Minister for Justice and Equality should appear before the committee to explain the process by which the former Secretary General was appointed against what appears to have been the expressed preference of a sub-committee of the Council of Europe for one of the two academics also nominated by Ireland.

I also call for a debate on changing family forms. A very interesting study was published today by UCD and the ESRI on changing family forms. It shows the need for greater flexibility in terms of family leave arrangements from the workplace. It is something about which colleagues have talked. I have an article in The Journal.ie calling for paid paternity leave to be introduced. It is something for which I have been looking for a long time and it would make a huge difference to working families and in terms of fathers bonding with their children on birth. It is something for which I think there would be cross-party support.

To read a recent article I wrote on paternity leave for thejournal.ie please see the following link:

http://www.thejournal.ie/readme/column-we-must-introduce-paternity-leave-%e2%80%93-for-the-sake-of-women-too/

STATEMENT BY SENATOR IVANA BACIK
 
Labour Party Seanad leader andSpokesperson on Justice

Wednesday 7th December2011

BACIK WELCOMES ANNOUNCEMENTON DISABILITY ALLOWANCE

Senator Ivana Bacik, leader of the Labour group in the Seanad, today welcomed the announcement that theMinister for Social Protection Joan Burton has suspended the proposed changesto disability allowances for younger applicants pending a review of entitlements. 

Senator Bacik said:

“I greatly welcome this announcement,which follows the expression of serious concerns by Labour Senators andTDs about the impact of the proposed changes. I am very pleased that areview has now been ordered and very grateful that the Minister has beenso responsive to the concerns raised.

“Overall, this budget has not been easy and was not put forward in circumstancesof our choosing or our making. In spite of the very difficult economicconstraints under which we are operating, it is however a budget in whichthe poorest 330,000 will be lifted out of the Universal Social Charge net;in which basic rates of jobseekers benefit and children’s allowance havebeen preserved; in which pupil-teacher ratios have been maintained; andin which taxes on the income of working people will not be increased. Ivery much welcome those key principles of fairness upon which the budgethas been based and particularly welcome the responsiveness shown by theMinister to the concerns raised.”

ENDS

 STATEMENT BY SENATOR IVANA BACIK 

Speaking in the Seanad this morning, Senator Ivana Bacik welcomed the announcement that the Cabinet has approved the establishment of an expert group to address the outcome of the ABC case judgment on abortion in the European Court of Human Rights, in which Ireland was found to have breached the rights of a pregnant woman with a serious health condition who had to travel to England for an abortion.

Welcoming the announcement, Senator Ivana Bacik said:

“For many years, successive governments have failed to take any action to address the need for reform of our law on abortion. The ABC judgment by the European Court of Human Rights in December 2010 was waiting to happen.”

“I am delighted that the Government has now moved to fulfil its commitment in the Programme for Government by establishing an expert working group to examine how to address the ruling of the European Court. I am also really delighted that the group is to report back to government within six months on how best to address this judgment. There should be no more foot-dragging on this issue. ”

ENDS 

Civil Registration (Amendment) Bill 2011: Second Stage

Thursday, 10 November 2011

Senator Ivana Bacik:     I move: “That the Bill be now read a Second Time.”

I welcome the Minister, Deputy Joan Burton, to the House and thank her in advance for her support for this Bill. I also thank members of the Humanist Association of Ireland who are in the Gallery, in particular, Professor David McConnell, the president of the association, and Mr. Brian Whiteside, who gave great assistance in the preparation of this Bill. It is a proud week for humanism in Ireland. Tomorrow, the presidential inauguration in Dublin Castle will for the first time incorporate a humanist element alongside the traditional religious elements of the ceremony. I believe this amounts to formal recognition of the vital role humanism plays alongside religion and religions as representing an ethical set of values for people throughout Ireland.

I am delighted to propose this Bill to the House on behalf of the Labour Party Senators. I am very grateful to my colleagues on the other side of the House for their indications that it will receive cross-party support, certainly in principle. I know the Sinn Féin Senators are supporting it. Senator Mooney, on behalf of the Fianna Fáil Senators, may have a difficulty with an aspect of the drafting of the Bill, which I will address in a moment, but I think he is supportive of the Bill in principle.

Essentially, the key impact of this technical amending Bill, which seeks to amend the Civil Registration Act 2004, will be to enable members of the Humanist Association of Ireland to be entitled to perform legal civil wedding ceremonies. In other words, if the Bill is passed, for the first time humanists will be able to perform marriages in Ireland legally. This may sound like a small change. Indeed, it is not a particularly radical proposal. I am conscious that this is a time of great economic crisis, difficulty and financial hardship for many people in this country. In that context, it may be seen as a somewhat trivial matter to seek to legislate on during Private Members’ time.

Although the Bill is technical, I suggest it is far from trivial for two reasons. First, it will have a significant positive impact on the quality of life of individuals and couples who wish to celebrate their marriage in a humanist ceremony. At present, they cannot celebrate their marriage legally through a humanist ceremony. Second, this change would be in keeping with the traditional role of the Seanad as a forum for bringing forward progressive social reforms. I am proud that this Bill is a creature of the Seanad. It will illustrate how appropriate a legislative forum the Seanad is for having debates on key changes in our society.

This legislation represents a way for us to accommodate difference in our laws. It allows us to show that we are inclusive of those who do not share the faith of the majority and that we respect their values and belief systems just as we respect those of the many people and families who are members of established religions and churches. A young man e-mailed me earlier this week to say this Bill represents another step in the process of making Ireland a more inclusive and pluralist society. The Seanad has played a vital role as the forum where many steps of this nature have been taken in the past. Senator O’Keeffe will describe this in more detail when she seconds this Bill.

I wish to speak about the substance of the Bill and explain its context. I reiterate that it is a short Bill. It seeks to amend three sections of the Civil Registration Act 2004, which regulates the registration of civil marriages. The 2004 Act, among other things, provides for the establishment of a register of solemnisers — those who can legally conduct marriages — and makes provision for a choice of venue for civil marriages. The category of people who may be registered as solemnisers is limited by the current version of section 54(1) of the 2004 Act, which provides that HSE registrars and members of religious bodies are the only people who may celebrate legal marriages. Section 45 of the Act defines a “religious body” as “an organised group of people members of which meet regularly for common religious worship”.

The majority of registered solemnisers are members of the well-known churches — the Catholic Church, the Church of Ireland and so on. The definition I have mentioned covers organisations such as Pagan Federation Ireland and the Spiritualist Union of Ireland. As they have applied for and obtained registration under the Act, their individual members may seek to be entered on the register of solemnisers. Although the definition is relatively broad, it excludes members of the Humanist Association of Ireland, who routinely conduct humanist funeral, naming and wedding ceremonies. This is somewhat anomalous, given the status of the association and the established nature of humanism, about which I will say more in a moment. Although the humanists are an organised group and meet regularly, they do not engage in religious worship and are therefore not covered under the definition. The Bill before the House seeks to address the anomaly whereby only HSE registrars or members of religious bodies may seek to be registered as solemnisers of marriages. It does this by inserting a new, extended definition of “body” in section 45 of the 2004 Act.

Under my proposal, “body” will be defined as “an authority [that reference is to the HSE] or a religious body or a body designated by the Minister”. This would confer power on the Minister to designate bodies like the Humanist Association of Ireland — I do not anticipate or envisage that other bodies will seek such designation — as being capable of applying to have their members registered as celebrants of legal marriages. If this amendment is accepted, the chief registrar will continue to have the power to assess the suitability of individual members of any “body”, including the Humanist Association of Ireland, which may be designated by the Minister.

When I was drafting this Bill, I initially proposed, as an alternative to delegating power to the Minister, that section 45 should name the Humanist Association of Ireland and define “body” as “an authority or a religious body or the Humanist Association of Ireland”. That would have been a more straightforward and simpler way of framing the legislation. It would have meant that bodies other than the Humanist Association of Ireland would not be entitled to apply. It would have overcome the difficulty of delegating a power to the Minister that perhaps should be retained by the Oireachtas. I have had a conversation with Senator Mooney about this drafting issue. I have been advised that naming an organisation in the section might create problems. On that basis, the draft was changed to provide that the Minister could designate a body. On Committee Stage, perhaps we can consider whether a better approach to the designation of bodies can be arrived at. Perhaps it would be best to name the Humanist Association of Ireland in this legislation. I have a very open mind on this. I assure Senators that this drafting point can be dealt with on Committee Stage.

An alternative approach would involve allowing the chief registrar to designate a body, rather than delegating that power to the Minister, while retaining the power of appeal to the Minister in the event that the chief registrar refuses to designate a body. That might be a good approach to take. Perhaps some people might take issue with the delegation of such an important power below the level of Minister. Regardless of the method of drafting that is used — I am fairly agnostic on the matter, if I can use that phrase — it is important to emphasise that in any event, the chief registrar will retain the final filtering power to assess the suitability of the individual members of any body. Perhaps this can be considered on Committee Stage. I look forward to that debate and to hearing the Minister’s view on this issue.

I would like to explain why the Humanist Association of Ireland should be entitled to have its members registered as solemnisers of marriage. I have admired the work of the association for a long time. I have an association with it, although I do not think I am a member of it. I broadly agree with the ethical values of humanism. More important, I have attended humanist wedding and funeral ceremonies and have been greatly impressed by the dignity with which they are conducted. Humanism is an ethical philosophy of life, based on a concern for humanity that combines reason with compassion. Many people in Ireland, including me, would broadly describe themselves as having a humanist philosophy, regardless of whether they are members of the association.

The Humanist Association of Ireland evolved in the late 1980s or early 1990s. It is a non-profit company, limited by guarantee without share capital. It has registered charitable status. It is affiliated to the International Humanist and Ethical Union and the European Humanist Federation. I understand that the association has approximately 500 members. In addition, humanists have become something of a voice for the non-religious in Ireland. According to the most recent CSO figures, the non-religious constitute the largest group after Roman Catholics. There are more non-religious than there are members of the Church of Ireland.

Humanists will be included in tomorrow’s formal presidential inauguration celebration. They have been included in official State forums on various aspects of social policy for some time. They are represented on the national forum on patronage and pluralism in primary education, which is due to meet in November and to report in December. The Humanist Association of Ireland holds monthly meetings in Dublin, Cork, Limerick and Galway. It co-hosts a summer school with the Humanist Association of Northern Ireland. It provides a community for like-minded people and conducts humanist naming, wedding and funeral ceremonies for those who wish to celebrate these milestones in a personal, meaningful but non-religious way.

It is important to point out that humanist wedding ceremonies already have legal status in Scotland, Australia since 1972 and a number of Scandinavian countries. The number of humanist wedding ceremonies in Ireland is growing every year, even though they currently have no legal status. Couples go to the HSE registrar to have their marriage registered legally before having a separate ceremony conducted by a humanist celebrant. Approximately 130 non-legal humanist wedding ceremonies were celebrated in this country last year. Over 150 such ceremonies are likely to be celebrated by the end of this year.

I have been informed by the Humanist Association of Ireland that it has ten accredited celebrants who perform humanist ceremonies. It has a rigorous accreditation process through which potential celebrants must go before they are accredited. For example, applicants must prove to the board of the association that they satisfy the ten required attributes for accreditation, including having a humanist outlook and a compassionate nature. They are judged on appearance, articulation and organisational skills, etc. A relatively rigorous process must be undergone by aspiring celebrants.

I would like to conclude by speaking about the other important context for this Bill, to which Senator O’Keeffe will refer in more detail. The number of couples who wish to celebrate their marriages in Ireland in a non-religious manner is growing. The proportion of couples choosing a non-religious civil wedding ceremony has grown rapidly in Ireland from 6% in 1996 to more than 23% in 2006. The 2011 census figures have not yet been published, so we have not seen them. However, the CSO has projected that next year for the first time, the number of non-religious ceremonies may exceed the number of religious ceremonies. Again, it is a matter of seeking to accommodate what is a growing minority which wishes to celebrate marriage in a non-religious manner.

It is vital this Bill receives support and I hope it will get cross-party support. Given the status of the Humanist Association of Ireland and of Humanism in Ireland, the growing level of support for non-religious wedding ceremonies and the need to ensure our laws are inclusive and reflective of an increasingly pluralist society, I urge colleagues on both sides of the House to support this Bill, which has been put forward by the Labour Party. I commend the Bill to the House.