P.C. -v- Minister for Social Protection & ors [2017] IESC 63 (27 July 2017)

P.C. -v- Minister for Social Protection & ors [2017] IESC 63 (27 July 2017)

Section 249(1) of the Social Welfare (Consolidation) Act, 2005, as applied, constitutes an impermissible legislative incursion into the judicial function by imposing an additional punishment on convicted prisoners not imposed by a court, thereby violating the separation of powers and administration of justice principles under the Constitution.

Citation
[2017] IESC 63
Parties
Appellant: P. C.; Respondent: Minister for Social Protection; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
27 July 2017
Procedural Posture
Constitutional Challenge / Appeal From High Court to Supreme Court
Outcome
Appeal allowed; section found unconstitutional as applied.
Legal Topics
Separation of Powers, Statutory Interpretation, Property Rights, Punishment by Legislation, State Pension Disqualification, Remedies for Constitutional Breach
Constitutional Law Social Welfare Law Administrative Law Separation of Powers Statutory Interpretation Property Rights Punishment by Legislation State Pension Disqualification +1 more

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Parties

P. C.

Appellant

Minister for Social Protection

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Challenge / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether s.249(1) of the Social Welfare (Consolidation) Act, 2005 constitutes an unconstitutional punishment not imposed by a court
  2. 2 Whether the appellant has a property right or statutory entitlement to the State Pension Contributory
  3. 3 Whether the statutory disqualification regime is arbitrary and discriminatory

Ratio Decidendi

Section 249(1) of the Social Welfare (Consolidation) Act, 2005, as applied, constitutes an impermissible legislative incursion into the judicial function by imposing an additional punishment on convicted prisoners not imposed by a court, thereby violating the separation of powers and administration of justice principles under the Constitution.

Court Disposition

Appeal allowed; section found unconstitutional as applied.

Orders

  • Matter adjourned for submissions on remedy.
  • Counsel to be heard on cross-appeal regarding costs.