McAleese to ask: are nursing home charges repugnant to Constitution?

THE Government’s nursing home payment crisis worsened last night when President Mary McAleese called a meeting of the Council of State to consider aspects of legislation rushed through last week.

It is the third time since taking office in 1997 that Ms McAleese has convened the group to consider the constitutionality of laws sent to her for approval. The President may call upon the body for “aid and counsel” under Article 26 of the Constitution. The article allows the President to refer a bill to the Supreme Court for a “decision on the question as to whether such bill or any specified provision or provisions of such bills is or are repugnant to this Constitution or to any provision thereof”.

The Health Amendment (No 2) Bill 2004 was received by the President on Friday evening after it had passed all stages in the Dáil and the Seanad. It was introduced by Tánaiste and Health Minister Mary Harney on Thursday as a measure to prevent further compensation claims from residents of public nursing homes who had been illegally charged for their care. If the bill is enacted, elderly people living in such institutions would have to pay 80% of their State pensions towards the cost.