Eamon Gilmore (Dún Laoghaire, Labour)

I have previously referred to the nursing homes Bill, which is to deal with the payment of nursing charges, in the context of consultations with organisations representing the elderly. Have legal or constitutional issues now arisen in respect of that promised legislation? In particular, has the proposal to attach a charge to the estate of a deceased person raised constitutional difficulties in the context of Article 43.1.2° of the Constitution which states:

The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.

If a constitutional issue has arisen in respect of that Article, what is the Government's advice on the matter?

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