Ivana Bacik

STATEMENT BY SENATORIVANA BACIK
 
Labour Party Seanad leader andSpokesperson on Justice

Wednesday 7th December2011

BACIK SPEAKS ON SEANAD REFORM AT TRINITY COLLEGE DEBATE

Senator Ivana Bacik will speakthis evening at a debate in the Long Room Hub, Trinity College, hostedby the Trinity College Law Review on the topic ‘Is the Seanad worth Saving?’.The other speakers will be former Minister for Justice Michael McDowellSC and Charlie Flanagan TD.

Speaking at the debate this evening, Senator Bacik will say:

“I believe there is a role withinour parliamentary system for an Upper House in order to provide enhancedoversight of government business and also to provide a forum for more consideredand thoughtful debates than those which can take place in the Dail, particularlyon matters of social policy. The Seanad can and does make a significantcontribution to legislative business, particularly during Committee stagedebates.

“However, in order to make thecase for retention of the Seanad, significant reforms must be made to itsprocedures, and to its composition and method of election.  The questionof fundamental Seanad reform or abolition should also only be consideredin the context of wider parliamentary reforms. It would not be wise toabolish one of the two Houses of the Oireachtas without examining how bestthe other should be reformed so as to ensure adequate parliamentary oversightwithin the system overall.”

Order of Business

Wednesday, 7 December 2011

Senator Ivana Bacik:     I call on the Leader for a debate in the new year on the way in which we conduct debate in the House. In recent weeks, especially on the Order of Business, there has been a great deal of barracking and heckling especially from the other side of the House.

…It is unfortunate because this undermines one of the strongest assets the Seanad has always had, that is, our tradition of courteous, respectful and dignified debate. Numerous Ministers from various parties, not only serving Ministers, have commented on that fact that in the past the Seanad has been a place where, especially in the case of legislation, there has been an opportunity for thoughtful and considered debate and the taking of amendments. It would be unfortunate to change that tradition through an overuse of heckling and barracking.

(Interruptions)

…There have been mornings on the Order of Business when I have been unable to finish a sentence and I am not the only person who has been hassled, barracked and heckled by the other side. It is something of which we should be aware.

… The Fianna Fáil Members opposite could learn a great deal from their colleague, Deputy Michael McGrath. I do not agree with what he says but I appreciate that he has a restrained style and that it is a more effective way of making his points in debate—–

(Interruptions)   

 —–than the sort of loud-mouthing we often have here and that we are hearing now from the Opposition.

(Interruptions)   

…     If I could finish my sentence, all of us welcome the genuine engagement, especially on “Prime Time” last night, between the Minister, Deputy Noonan, and Deputy Michael McGrath. In the course of a genuinely respectful exchange, the Minister, Deputy Noonan, made the point about the disability allowance.

(Interruptions)   

All of us are keen to see a constructive debate through genuine engagement and changes made to ensure that young persons with disabilities are not disadvantaged unduly by the change to align different rates of disability and social welfare payments. This is an important point about respectful engagement in the House.

I compliment Senator Feargal Quinn who referred to the issue of central European time yesterday. This is something he has raised in the House in a courteous and respectful way for many years. I am pleased to report the justice committee is debating the issue. In the new year when we have finished our review in the justice committee I will put it to the Leader that we might debate in this House a move to central European time. This is likely to take place next year and will bring with it numerous benefits to us not only in terms of carbon emissions but in terms of the economy, tourism and other benefits.

Order of Business

Thursday, 6 October 2011

Senator Ivana Bacik:     I will first respond to some of the overall themes raised. A number of Senators have requested that the Minister for Health come into the House. Senators Higgins raised the issue concerning University College Hospital Galway. It is a concern if newborns are not getting their vaccinations in a timely fashion. As previously stated by the Leader, the Minister for Health will be in the House on 27 October. The Minister was in the House last night responding to a matter on the Adjournment. I suggest that specific issues such as the one pertaining at University College Hospital Galway might more appropriately be dealt with way of Matters on the Adjournment to the Minister for Health. The debate on 27 October will be a useful and wide-ranging discussion on health. The Minister can deal on the Adjournment Debate with specific health issues which arise before then.

I thank Senators Healy-Eames, Cullinane and Conway for raising the issue of human rights and the UN periodic review which concluded this morning. I attended the ICCL live screening from Geneva in Buswells Hotel this morning, as, I am aware, did many other colleagues. It was useful to hear the Minister, Deputy Shatter, respond to the questions raised in regard to human rights protections in Ireland. I agree with all the colleagues who raised the issue that it would be good to have the Minister for Justice and Equality come back into this House to tell us what happened at the UN periodic review and how the Government proposes to deal with the critiques on human rights protection that have arisen. I am sure we will also hear on the matter from Senator Zappone who, as we heard, is attending in Geneva as an observer. I will take up that matter with the Leader and Minister for Justice and Equality.

Senator O’Brien raised the issue of metro north, which is a thorny issue. Senator Barrett also raised that issue and spoke about the flaws or problems with the economic appraisal which took place in that regard.

Senator Darragh O’Brien:     Perceived flaws.

Senator Ivana Bacik:     Yes. This is an issue on which people have taken up polarised positions and language is clearly important. I will check the current position for Senator O’Brien. My understanding is that no final decision has yet been taken. It might be useful to have a debate on the project with the Minister, Deputy Varadkar. I will take up that issue with the Leader.

Senator O’Brien also raised the issue of the sale of State assets and the position as set out in the original memorandum of understanding. Senator O’Brien’s party will be well aware of that given it negotiated it.

Senator Darragh O’Brien:     Yes.

Senator Ivana Bacik:     My understanding is that it was always envisaged there would be a sale of State assets. The issue of how much has not yet been decided although the figure of €2 billion has been given. The Senator should take up the matter with the Minister for Finance—–

Senator Darragh O’Brien:     We will do that.

Senator Ivana Bacik:     —–who will be in the House directly after the Order of Business this morning. Also, the Minister, Deputy Rabbitte, when in the House yesterday gave a clear response to Senator O’Brien and others, including Senators from the Labour Party, on how the proposed sale of a minority stake in the ESB is to be dealt with.

Senator O’Brien also raised the issue of the pensions levy which was, as the Senator will be aware, introduced to fund the jobs initiative. I disagree with the Senator’s description of it as a raid on pensions. The reality is that it was the most effective way to fund and resource the critical task of trying to generate jobs. There has already been success in this regard. I disagree with the Senator’s remarks in that regard.

I have already responded to Senator Healy Eames in regard to having the Minister for Justice and Equality, Deputy Shatter, come to the House. I agree we should have him come into this House. I am grateful to Senator Barrett for raising the concerning figures this morning in regard to the falling in the international rankings of our universities. It is worrying to see Trinity and UCD fall out of the top 100 universities and to see other universities fall below their previous rankings. As far as I am aware NUI Maynooth is the only university that bucked the trend. The Minister, Deputy Quinn, has pointed out that these international ranking scales are not perhaps the only factor in terms of bringing in international students and funding for research, which is clearly true. However, I agree with Senator Barrett on the need to divert money back into education and the classrooms so that the rankings can improve. Senator Barrett and I know from Trinity that the staff-student ratio is a huge issue. Student numbers are increasing and there has been a freeze on recruiting new staff. It would be useful to invite the Minister for Education and Skills to the House to debate this issue. The Minister will be in the House during the next couple of weeks and we may try to have a debate then on higher education funding. Senator Barrett can at that point raise the point about abolition of the HEA, which is perhaps a radical proposal. We need to look at all of these issues.

I have already dealt with Senators Higgins’ questions. Senator MacSharry asked that the Minister for Health be asked to come to the House. I have already dealt with that issue. He also sought a debate on sports and tourism. We had a wide-ranging debate on sports on Tuesday with the Minister of State, Deputy Ring. Senator Eamonn Coghlan gave a great speech specifically about sports tourism on that occasion. I agree with Senator MacSharry’s remarks in regard to the enormous value sports tourism brings to this country. However, it might be a little premature to have another debate on that topic so soon.

Senator Mullins called for a debate on suicide. I agree it would be useful to have a debate on that issue. Other Senators have also sought such a debate. There was a debate on suicide near the end of the final session of the previous Seanad and as such we would need to consider when such a debate should be timed. Senator Mary White and others have raised that issue before. It would be good to have a further debate on the issue.

I have already responded to Senator Cullinane’s call for a debate on human rights issues. The Senator also spoke about the motion yesterday on voting rights for Irish citizens abroad. We had a full debate on that issue yesterday. As the Cathaoirleach said, the full two hours allocated was utilised. Senators Noone, Ó Murchú and Keane also raised the issue of a further debate on voting rights. Senator Keane sensibly proposed it might take place when the constitutional convention terms have been outlined. It is hoped that process will be under way early next year. Irish citizens abroad do have limited voting rights. Irish citizens living anywhere in the world, who are graduates of Trinity or NUI colleges, have a right to vote in the elections for the six university Senators. That is currently the only provision in that regard. We might look at that in a broader context early in the New Year.

Senator Conway raised the issue of human rights, which issue I have already responded to. The Senator specifically asked about a timeframe for mental capacity legislation. The Minister of State, Deputy Lynch, appeared a few days ago before the committee on justice and told members that her officials are working on that legislation. It is proposed to be introduced early in 2012. If it is possible to do it sooner, it will be done. That is a pressing matter with which the Minister of State is dealing directly.

Senator Wilson called for the Minister of State, Deputy Penrose, to come to the House to discuss ghost estates. I gave a commitment previously that I would do so. I have already asked the Leader to follow up on that matter. The Senator also asked that the Minister, Deputy Hogan, come into the House. The Minister, Deputy Hogan, was in this House yesterday for two hours and again it might be some time before he can come back to speak about local government reform. However, I have no doubt he will do that. I am sure many Members in this House are interested in such a debate.

Senator Noone spoke about the treatment of women and toilet facilities for them. The Senator may be interested to know—–

Senator Catherine Noone:     I apologise for raising the issue in the Seanad.

Senator Ivana Bacik:     —–that it is an issue I raised in the previous Seanad.

Senator Catherine Noone:     I do not doubt it for a second.

Senator Ivana Bacik:     In particular the condition of the ladies’ toilets in the private members’ bar—–

Senator Catherine Noone:     It is a huge issue.

Senator Ivana Bacik:     —–which I invite Members to inspect. I would like to believe there will be some impact from having raised the issue here. There is a lady’s toilet under the stairs at the entrance to the Dáil Chamber.

Senator Catherine Noone:     That is the one I use because it is nicest.

Senator Ivana Bacik:     It is the one nearest to here.

Senator Noone also raised the issue of voting rights. I have already dealt with that matter. We will have a fuller debate on that issue in the New Year.

Senator Ó Murchú also raised the issues of voting rights and Ireland’s relationship with Europe. He clearly introduced a strand, as Senators Bradford and Paul Coghlan agreed with him. A debate on whether EU regulations are overly restrictive in some areas would be good. It is a question we can tease out. Senator Bradford’s mother and her four unregistered hens were raised in this context. We could seek to invite the Minister of State, Deputy Creighton, to the House. I am unsure as to whether she has appeared in the Chamber yet. It could be useful.

Senators:  She has.

Senator Ivana Bacik:     We could have a more general debate. I have invited the Tánaiste and Minister for Foreign Affairs and Trade to the House. He hopes to attend during the coming weeks to discuss a range of Foreign Affairs issues on which debates have been sought in the House, for example, Bahrain, Syria, Palestine and so forth. I hope to have that debate in early course, but the EU matter might be better dealt with by the Minister of State, Deputy Creighton.

Senator Bradford asked for a debate on the future of the CAP with the Minister for Agriculture, Fisheries and Food, Deputy Coveney. While it would be a good discussion, we recently had a wide-ranging debate on agriculture, so the Senator’s request might take some time to arrange.

Senator Keane asked for a debate on voting rights. We might arrange for one once the constitutional convention is under way.

Senator Paul Coghlan asked for a debate on EU legislation and for the attendance of the Tánaiste and Minister for Foreign Affairs and Trade. I have the latter matter in hand, but we will invite the Minister of State, Deputy Creighton, also.

I hope I have responded to everyone’s questions. I thank them for raising interesting issues.

Ministers and Secretaries (Amendment) Bill 2011: Second Stage

Wednesday, 29 June 2011

Senator Ivana Bacik: I welcome the Minister on behalf of the Labour Party. As Senator O’Keeffe has said, we are delighted to see him in the House. We are delighted he has been given this portfolio. We are delighted that this Bill, which establishes the Department of public expenditure and reform, has cross-party support. As Senator Barrett said, we accept the need to reform the Department of Finance and to overhaul expenditure management and public service reform. The seriousness with which the Government is undertaking this task is demonstrated by the fact that this Bill is being brought through the Oireachtas. We spoke this morning about the unfortunate manner in which it is being dealt with in this House in a single day. I know the Minister, Deputy Howlin, shares our sense of regret that it has to be done in this way. In future, we will try to ensure more time is made available to debate Bills.

This largely technical Bill will establish a much-needed Department with, as the Minister said, a reform agenda at its heart. The Minister spoke about economic reforms. Senator O’Keeffe has spoken about the need for the comprehensive spending review that the Department will undertake. She referred to it as a “housekeeping” review. I want to refer to another vital aspect of the role of the Minister and the new Department. We all know that on the doorsteps, the task of constitutional reform was almost as significant for people as economic reform. The programme for Government includes a commitment to establish a constitutional convention. There is great excitement about that among citizens generally. We need to see progress with that aspect of these reforms. I know that will be a priority for the Minister. I welcome the Bill. I am delighted that the Minister is with us to debate it.

Ministers and Secretaries (Amendment) Bill 2011: Committee Stage

Wednesday, 29 June 2011

Senator Ivana Bacik: To respond to Senator Darragh O’Brien, as I said on the Order of Business and Second Stage, I agree with him and his colleagues that it is less than ideal to have all Stages of a Bill go through the House in one day. I have raised this issue at meetings of my parliamentary party with a view to ensuring it does not recur. As the Minister said earlier, he, too, regrets that this is happening. Unfortunately, it is a matter of timing; it is essential that we get the new Department up and running for the sake of good governance and the reforms we all support. The Minister has pointed out that this is a technical Bill which makes provision for the establishment of his Department, and I am sure the Minister of State, Deputy Jan O’Sullivan, will say the same. We will have more time to debate the substantive issues in this House. The Leader has already allowed additional time tonight to debate the Bill, until 8.30 p.m., if necessary.

…

Senator Ivana Bacik: I, too, should have welcomed the Minister of State, Deputy Jan O’Sullivan, and apologise to her for not doing so.

I do not wish to prolong the debate on this issue which Members rehearsed fully on the Order of Business and Second Stage. The Minister for public expenditure and reform, Deputy Brendan Howlin, expressed his regret on Second Stage in this regard. The debate was originally scheduled to take place over two days and I do not know exactly who decided it should be reduced to a single day. The reason probably is that Government amendments will now be made in the Seanad and I understand there are difficulties in having it signed into law by the President, given her commitments, to allow it to come into force in time for the Minister to assume functions. I am not fully aware of what the timescale is, but I regret nevertheless that as a result, it is being taken on a single day. As I stated, the Government is trying to improve matters by ensuring there will be sufficient time to allow for a full debate on Committee and Report Stages.

I did not mention housekeeping in this context. Earlier in discussing the Minister’s functions when his Department was established Members referred to them as being about ensuring the balancing of books and housekeeping. I did state this was a technical Bill to make provision for the establishment of his Department. Senator Thomas Byrne will be aware that the functions of the Minister are set out in section 8. In that sense this is a technical Bill and, as Senator Darragh O’Brien has stated, Fianna Fáil supports its spirit. The amendments are not substantive, in the sense that they go to the heart of the Bill’s provisions, and Members can debate them individually.

…

Senator Ivana Bacik: In response to Senator Sean Barrett, it was not the Department of Finance alone which was responsible for bringing in the IMF. A lack of regulation of the banking sector and poor political decisions, for example, on planning and tax reliefs for property development played larger roles. However, the Senator is right on the need for a restructuring of the Department. We all accept there is such a need, which is the reason the Bill has received broad support.

Senator Thomas Byrne’s amendment allows for a useful debate. The Minister acknowledged the need for accountability and transparency in the workings of his Department, but I am unsure whether the amendment presents us with the best way of achieving this. However, we are all in agreement on the end to be achieved. The Minister referred to the website being established by the Department that will make all economic data dating back to 1994 available for scrutiny on a monthly basis. This sounds like a better way of keeping the public informed. To keep the Oireachtas informed, the Bill contains other measures, for example, the requirement under section 16 that information be supplied to Dáil Éireann on decisions made under the section.

Senator David Cullinane referred to the Minister’s relationship with the Minister for Finance. The Bill envisages a close working relationship, which is clear not only in section 15, whereby the consent of the Minister for Finance is required in respect of large amounts of money, but also in section 16, which contains a reference to consultation.

What the Bill is seeking to do and what we all want to see occur is provide for a delegation of some functions from the Minister for Finance and a change in the way the Department of Finance works under its old guise. The Minister, Deputy Brendan Howlin’s comments on recruiting for his Department a new Secretary General who has experience from outside the public service and his plan to appoint a director of reform are important in terms of changing the way the new Department will work and mark a radical departure from the workings of the Department of Finance.

It is clear that the banks are not covered under section 3. Subsection (2) refers to the definition of “relevant body” in subsection (1). Like the Minister, I do not know how this could apply to banks.

…

Senator Ivana Bacik: Committee Stage debates in the Seanad are very important. This is clearly a very important Bill which establishes a vital Department for the provision of the key reforms we need to deliver better governance in this State following the disastrous mess made by the last Government. However, we should not abuse Committee Stage. I look forward to discussing some of the amendments, particularly those from Senator Barrett, and I hope we will get to them. However, some of the proposals involve a degree of repetition. In regard to amendment No. 8a, the Minister has already taken commendable action in terms of combating high rates of public sector pay.

Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages

Wednesday, 29 June 2011

Senator Ivana Bacik: Senator Byrne referred to people being taken to the cleaners. Unfortunately, this Department is being established because the country has been taken to the cleaners. The amendment proposed by Senator Barrett envisages the sort of scrutiny of public appointments that was put forward as a suggestion for Seanad reform in the O’Rourke report, which we have already debated in the House. It is a very interesting idea, although some of the provisions in the amendments are unduly prescriptive to be placed in legislation. The Minister, Deputy Howlin, has already referred to the website, which will contain much fuller information and economic data than we have had to date from Government, which is an important point. However, this should not be placed in legislation.

I am somewhat troubled by the provision in amendment No. 24 that “The Secretary General shall appear before the Oireachtas at quarterly hearings”. This might undermine the role of the Minister and the vital principle that the Minister is the person accountable to the Oireachtas for the Department’s work. The Minister has appointed an excellent Secretary General to the Department in the person of Mr. Robert Watt, so some of what has been said in regard to these amendments is clearly not appropriate. It is an interesting and welcome idea, nonetheless.

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

Monday 23rd May 2011

BACIK WELCOMES LABOUR NOMINATIONS

Senator Ivana Bacik today welcomed the announcement that the four Labour recommendations for inclusion in Taoiseach Enda Kenny’s Seanad nominees are all women.
 
Welcoming the announcement of Dr Katherine Zappone, Aideen Hayden, Lorraine Higgins and Mary Moran, as Senators, Senator Bacik said:
 
"I am delighted with this announcement, and it will make a real difference to the composition of the Seanad. I know that each of the four nominees will make a really significant contribution to the work of the Seanad.
 
Together with the announcement of the other Taoiseach’s nominees, the appointments mean that the proportion of women in the Seanad will reach 30%, an historic achievement - and double the proportion of women in the Dail. It is time that action was taken to ensure that the proportion of women in the Dail can also be increased at the next election, and I welcome the commitment in the programme for Government to take action on increasing women’s political representation."
 
ENDS

On Thursday 21st April I asked the College to reconsider the decision to invalidate any ballot paper having a number 1 placed next to Karin Dubsky’s name. Having considered the terms of section 22(3) of the 1937 Act governing the conduct of Seanad elections, I believe that the College interpretation is incorrect and indeed perverse, since it will mean that, where a voter has given Ms. Dubsky a Number 1 and has then clearly indicated a sequence of preferences for candidates other than Ms. Dubsky, the entire ballot paper should be invalidated because she is not a valid candidate. I have asked College to seek a second legal opinion and to reconsider the decision so that those voters who have placed a number 1 beside Karin Dubsky’s name are not disenfranchised.

Order of Business

Senator Ivana Bacik: I join my colleagues in congratulating Senator Cummins on his new role as Leader of the House. I wish the best of luck both to those who are contesting the election as well as to those who are going on to other careers. I am told there is a life after politics.

Given that the economy is uppermost in our minds, I hope the renegotiation of the IMF-EU deal will bear fruit. I am sure all of us were concerned to learn that the Taoiseach will not seek an immediate deal on the interest rate but is parking the issue pending the outcome of the stress tests on the banks. This underlines the critical nature of these tests for our economy and, in light of what is happening in Portugal, everyone is understandably nervous about what will happen. I hope and believe the renegotiations will enable our economy to recover.

Other speakers have referred to the appalling human catastrophes unfolding in Libya and Japan. As Senator Dearey noted, the natural disaster in Japan, compounded by the crisis in the nuclear reactor, points to the need to debate the issue of nuclear power and the potential of renewable energy as a safer alternative.

The abolition of the Seanad is on the agenda of the new Government but this alone will not bring about the fundamental political reform which people clearly demanded in the recent election. If we are to abolish the Seanad, this should be done only as part of a comprehensive reform of the Oireachtas that ensures the scrutiny we bring to Committee Stage of Bills such as the one introduced by Senator Boyle is incorporated into the business of the Dáil by, for example, electing a number of Deputies on a national list system. This would allow for closer attention to the national interest and the sort of debates we have held in the Seanad. It is important that we consider overall reform of the Oireachtas in the context of debate on the future of the Seanad.

IVANA BACIK’S NOMINATORS AND ASSENTORS FOR SEANAD ELECTION 2011

NOMINATORS:

Catherine McGuinness

Dr. David Thomas

IVANA’S ASSENTORS:

Sarah Carey

Stephen Douglas

Professor P. J. Drudy

Professor Sheila Greene

Professor David McConnell

Professor Brian McMurry

Joseph O’Gorman

Professor David Spearman

ELECTION AGENT:

Paul Daly M.A.

For a full list of Ivana’s supporters, click here.

STATEMENT BY SEN IVANA BACIK

Labour Party Seanad Spokesperson on Justice
Friday, 14 January 2011

COURT DECISION IN CALLELY CASE DISAPPOINTING – BACIK

The High Court’s overturning of the Seanad Committee on Members’ Interests decision to suspend Senator Ivor Callely from the House last July, is disappointing.

The Committee undertook a rigorous examination of all the circumstances surrounding the case, and the consensus view was that their conclusion was the right one.

There is certainly a great deal of ambiguity surrounding the definition of a member’s ‘normal place of residence’. Allowing a Senator to maintain more than normal place of residence for the purpose of claiming expenses makes a mockery of the system, and the end result of this controversy is that politics has been dragged further into disrepute.

ENDS