The State has been wrongfully taking pension money from residents in nursing homes every week for over 34 years, the Supreme Court heard today.
The seven-judge Court has begun hearing a two-day constitutional challenge to the new Health Amendment (No 2) Bill referred to it by President Mary McAleese last month.
The Bill, rushed through the Oireachtas in December, sought to legalise the practice of charging medical card patients up to 80 per cent of their pensions to cover weekly maintenance costs.
Opening the case against the Bill, Mr Owen Fitzsimons, SC, outlined several areas on which the legislation was unconstitutional since the passing of The Health Act, 1970.
He said the new amendment discriminated against residents who had their pension money deducted and those who had not.
It also discriminated between families of residents who had sued nursing homes to recover charges prior to the amendment being enacted, and those who had not, he said.
Mr Fitzsimons also argued that the amendment gave the Minister for Health too much discretion under Article 15 of the Constitution.
The Supreme Court judges have until February 22nd - 60 days after the Bill's referral - to deliver their ruling.
Mr Brian Murray, SC, is explaining his arguments this afternoon on why the State cannot retrospectively legalise the charges via the new legislation's provisions.
The Bill is being defended by former attorney general Mr Dermot Gleeson, Mr Paul Gallagher, SC; and Mr Gerard Hogan, SC, who will outline their case late today or early tomorrow.
The opening of the hearing was earlier interrupted this morning by a member of the public who claimed the court's proceedings were unconstitutional.
PA