Enda Kenny (Mayo, Fine Gael)

I want to propose an amendment to the effect that time be set aside today from, say, 4 p.m. to 6 p.m., for a statement to be made to the House by the Tánaiste on behalf of the Government arising from the 88-page Supreme Court judgment in which it has just ruled that the nursing homes Bill is unconstitutional. This matter was first raised by Deputy Perry and it appears as if the information that was available to the Department of Health and Children for quite some time amounts to a massive cover-up, possibly exposing the State to tens of thousands of claims. This is because property rights may not be retrospectively interfered with by the State.

This has serious implications for thousands of people all over the country. I know the statement will require some analysis by Government and in that sense the fact the President referred it to the Supreme Court for a constitutional test is to be complimented. It has just been brought to my attention that under Standing Order 101 all Government Bills shall be published if accompanied only by a printed explanatory memorandum, explaining the provisions of the proposed legislation in a readily intelligible manner. I understand no explanatory memorandum was published with this particular Bill. It means the Government legislation is flawed.

The issue of future claims is not in question, but the House needs to know from the Tánaiste on behalf of the Government what its reaction is to this legislation and what clarity has now been brought to the issue of the imposition of charges prior to 2001, which appears to be somewhat unclear. Is the State now exposed to literally tens of thousands of claims going back ad infinitum, as the issue was not on the question of property rights? The House should set aside a period of time today for an explanation from the Tánaiste, and there might be an opportunity for Deputies to question her as to what the Government's intentions are as regards dealing with and facing up to this liability.

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