Oireachtas Joint and Select Committees

Wednesday, 15 February 2023

Joint Oireachtas Committee on Health

Nursing Home Charges: Department of Health

Photo of Seán KyneSeán Kyne (Fine Gael) | Oireachtas source

It does not solve the retrospective cases and the issues people faced at the time, including having to sell a home to fund care. That is the point I am making. In the 2005 Supreme Court decision on the Health (Amendment) (No. 2) Bill 2004, it held that the retrospective provisions of the Bills were nullified, which nullified the rights of persons with full eligibility to recover moneys for charges unlawfully imposed in respect of certain inpatient services, and were repugnant to the Constitution and that the rights to recover moneys for the charges thus imposed was a property right. That is the Supreme Court saying it was not possible to retrospectively deny people their rights. Is that an admission that the charges were wrong and, therefore, people who were taking cases had rights?

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