Dr. Tom Hickey:

I understand, but I would say that the courts would say what they always say. They would say that the Oireachtas considered the matter and this is the regime it came up with. The courts would say that they might come up with a different regime if they were legislators but that they are not legislators. They would say the Oireachtas was conscientious about it and this is the call it made, and the courts would respect that. It would be highly unlikely that they would do as the Senator suggested. I am wary of getting into other domains of law but I mention the Robert Donnelly case. Robert Donnelly and his father took a case on social welfare provision in hospital or out of hospital if the Senator is familiar with that case. Again, Justice Murray mentioned Article 40.1 on equality and effectively said that the Legislature made this call and said this fund was available to people with these situations in these circumstances but not in those circumstances. I will not go bring up the detail of the case, but you could not have happened upon a better case to make the argument to extend welfare entitlement. This kid and family were clearly disadvantaged and had been unfairly treated but all seven of the judges said, with Justice Murray writing the judgment, that the Legislature has to make a call and that it made the call.