Meeting of the Irish Council of State, 2004

Meeting of the Irish Council of State, 2004

The Irish Council of State met on 21 December 2004 to advise President Mary McAleese on whether or not to refer the Health (Amendment) (No. 2) Bill, 2004 to the Supreme Court to test its constitutionality. The purpose of the bill was to retroactively render legal fees charged by the state, since 1976, on pensioners and other long stay patients staying in nursing homes that at the time levied were illegal. The Council of State met for one hour and every member was present except former Taoiseach Charles Haughey.

Arising from the meeting the president referred the bill to the Supreme Court the following day. On 16 February 2005 the Supreme Court ruled that the bill was an unconstitutional attempt to violate the right to property, and struck it down.

Background

Under the constitution the Irish president has the right, in most circumstances, where he or she believes a bill may be unconstitutional, to decline to sign it into law until it has been referred to the Supreme Court to test it constitutionality. Before doing so the president must hold a meeting of the Council of State and seek its advice on the matter. However the president is not bound by this advice.

In December 2004 it was found that certain pensioners and other long stay patients residing in nursing homes had been illegally charged fees by the state over a number of years. The Health Amendment Bill proposed not only to ensure that all fees charged in future would be legal, but also to retroactively render legal all fees charged in the past. The proposed law was controversial both because it amounted to an "ex post facto" law, and because it attempted to prevent many senior citizens who had been charged illegally from suing the state for compensation. In its February ruling the Supreme Court found that, if the bill were allowed to become law, its "ex post facto" provisions would violate Article 43 of the constitution which guarantees the right to private property.

List of members

"Ex-officio" members

*Taoiseach: Bertie Ahern, TD
*Tánaiste: Mary Harney, TD
*Ceann Comhairle: Rory O'Hanlon, TD
*Cathaoirleach: Senator Rory Kiely
*Chief Justice: John L. Murray
*President of the High Court: Joseph Finnegan
*Attorney-General: Rory Brady, SC

Former officer holders

*Former Presidents of Ireland
**Mary Robinson
**Patrick Hillery
*Former "taoisigh"
**John Bruton
**Liam Cosgrave
**Garret FitzGerald
**Albert Reynolds
**"Charles Haughey"
*Former Chief Justices
**Thomas A. Finlay
**Ronan Keane

Presidential appointees

*Colonel Harvey Bicker
*Anastasia Crickley
*Mary Davis
*Senator Martin Mansergh
*Enda Marren
*Professor Denis Moloney
*Daráine Mulvihill

Preceded by:
2002 meeting (Planning Bill)		Meetings of the
Irish Council of State		Followed by:
"n/a"


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