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CLARITY NEEDED ON CHOICE OF REFERENDUM DATE
Statement by Independent Senator Gerard Craughwell @GCraughwell
In today’s Irish Times, an article (Appendix 1) reveals that the Supreme Court was scheduled to hear a case on 11th April in which the mother of a child with Down Syndrome, epilepsy and borderline autism seeks to overturn a High Court decision rejecting her claim to a full carer’s allowance without means test by reason of her partner and the father of the child having weekly earnings which deny her a full non-contributory carer's allowance.
She relies on Article 41 (2) of the Constitution and on the words proposed to be deleted by the 40th Amendment Bill to claim that the Minister for Social Protection must make regulations under Section 186 of the Social Welfare (Consolidation) Act 2005 to grant her a full Carer’s Allowance.
She applied to have her appeal case dealt with directly by the Supreme Court, rather than having to have the appeal dealt with by the Court of Appeal.
On 31st October 2023, the Supreme Court gave her exceptional leave to appeal to it directly (a “leapfrog appeal”, see Appendix 2). The date of hearing of the appeal was fixed for 11th April 2024.
This hearing date was fixed before Housing Minister Darragh O’Brien fixed the referendum date for the 8th March. The leapfrog appeal application was opposed by the Minister and the Attorney General.
Article 42.1
The Supreme Court’s determination was based on the ground that her argument invoking Article 42.1 (now proposed to be deleted) in its present form relating to mothers caring in the home have never been considered in the context of provision of public funds for parents obliged to care on a full time basis for severely disabled children.
The Supreme Court determination stated that it was allowing the leapfrog Supreme Court appeal because it involved a constitutional issue of “systemic importance for carers” and it would deal with the question whether Article 42.1 in its current form has a bearing on the discretion of the Minister to make regulations concerning the mothers right to a full carer's allowance.
The 40th Amendment, if passed, would delete the very wording on which the mother relies and substitute different wording which does not refer to mothers or their duties in the home.
This raises an obvious question:
“Was the Government aware when it rushed the Amendment Bill through the Dáil and Seanad by guillotine motion and fixed a referendum date in advance of the hearing date, that it would remove from the Constitution the very words on which the appeal relied?”
I am calling on the Minister for Social Protection to disclose whether she and the Housing Minister were aware of the hearing date of 11th April when she and her Government colleagues rushed the Bill through the parliament to allow for a vote to delete the constitutional provision on a date fixed by them – the 8th of March.
@Nic21121970 Their having a right laugh at our expense!!! Most gone home for Christmas now !!! Back in the New Year to bleed more out of us !!! Gone home to Ukraine to see their children that they brought back to a "worn torn country" and left there !!!!! What parent does that !!!!!!!
@Mandilucky7 You couldn't make it up !!! What a country we live in shocking !!!! Our guards are too busy arresting peaceful protesters !!!! Instead of protecting irish citizens of this country