AG to consider implications of prisoner’s right to pension ruling
The attorney general is considering the implications of a Supreme Court ruling which found that a law stopping the payment of the State’s old age pension to prisoners is unconstitutional.
The Supreme Court ruled on Wednesday that a rapist who successfully challenged the constitutionality of the law is entitled to €10,000 in compensation.
The five-judge court unanimously concluded that the relevant law, Section 249.1 of the Social Welfare Consolidation Act 2005 —which disqualifies persons otherwise qualified for various welfare benefits from receiving “any” of those benefits, including the old age contributory pension, while imprisoned or detained in legal custody — was unconstitutional.
The court formally declared the relevant section of the 2005 Act to be invalid and in breach of the Constitution.
Following its decision, the court adjourned the matter to consider further legal argument as to the precise form of order which should be made and to determine if the man was entitled to substantial damages.
In his judgment, Mr Justice Donal O’Donnell said he hoped the Oireachtas would address the question in a comprehensive and humane way and would produce an outcome consistent with the Constitution.
Responding to the ruling, the Department of Employment Affairs and Social Protection said it would consider the implications of the judgment “in association with counsel and the Attorney General’s office”.
Fine Gael senator Colm Burke, who is also a solicitor, said it “may open the floodgates”, in favour of convicted criminals currently serving prison sentences, for unpaid State benefit payments.
“I would like to remind the victims of crime that they may apply for a garnishee order.
This order would mean these payments would be held on to by the court pending a decision that it would be paid to them and not to the convicted person.
“The victims of crime need to be foremost in our considerations and I have now raised this matter in the Seanad,” he said.
Mr Burke said that the ball is now in the hands of Justice Minister Charlie Flanagan and that the issue should be “remedied with relative speed”.
“I would like to see a situation where a judge makes this order automatically as part of the sentencing process, where any State benefit received goes directly to the victims,” he said.
Mr Burke said the justice minister should be brought before the Seanad to see what amendments can be made.
