C v Minister for Social Protection & anor [2018] IESC 57 (29 November 2018)

C v Minister for Social Protection & anor [2018] IESC 57 (29 November 2018)

Section 249(1)(b) of the Social Welfare (Consolidation) Act 2005, as applied to convicted prisoners, was unconstitutional as it imposed an additional punishment not imposed by a court, infringing the administration of justice reserved to the courts. However, a declaration of invalidity does not automatically entitle the appellant to damages or back payment; remedies must be tailored to the circumstances, and in this case, a sum of €10,000 was awarded as meeting the justice of the case.

Citation
[2018] IESC 57
Parties
Appellant: C; Respondents: Minister for Social Protection, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
29 November 2018
Procedural Posture
Constitutional Challenge / Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Declaration of invalidity of s.249(1)(b) as applied to convicted prisoners; no automatic entitlement to damages or full back payment; award of €10,000 to appellant.
Legal Topics
Declaration of Invalidity, Suspended Declarations, Social Welfare Disqualification, Separation of Powers, Remedies for Unconstitutional Legislation
Constitutional Law Social Welfare Law Administrative Law Declaration of Invalidity Suspended Declarations Social Welfare Disqualification Separation of Powers Remedies for Unconstitutional Legislation

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Parties

C

Appellant

Minister for Social Protection, Ireland and the Attorney General

Respondents

Procedural Posture

Constitutional Challenge / Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether s.249(1)(b) of the Social Welfare (Consolidation) Act 2005, as applied, is unconstitutional for imposing an additional punishment not imposed by a court
  2. 2 Whether a suspended declaration of invalidity is permissible under the Irish Constitution
  3. 3 Whether a declaration of invalidity entitles the appellant to damages or back payment of benefits

Ratio Decidendi

Section 249(1)(b) of the Social Welfare (Consolidation) Act 2005, as applied to convicted prisoners, was unconstitutional as it imposed an additional punishment not imposed by a court, infringing the administration of justice reserved to the courts. However, a declaration of invalidity does not automatically entitle the appellant to damages or back payment; remedies must be tailored to the circumstances, and in this case, a sum of €10,000 was awarded as meeting the justice of the case.

Court Disposition

Declaration of invalidity of s.249(1)(b) as applied to convicted prisoners; no automatic entitlement to damages or full back payment; award of €10,000 to appellant.

Orders

  • Declaration that s.249(1)(b) is invalid as applied to convicted prisoners.
  • Appellant awarded €10,000 as just remedy.