Sir, – Ronan Brady (June 26th) argues that a law could be passed which would have the effect of stripping some media tycoons of property which they had previously lawfully acquired. In support of that proposition, your correspondent notes that "the nursing home charges in 2004 were installed under a retrospective law. Neither the Supreme Court nor [the] Government have done anything to reverse that situation".
Fortunately for Denis O’Brien, that is not the case. The emergency legislation to retrospectively legitimise nursing home charges was passed by the Dáil and Seanad in late 2004, after an earlier court decision had found that the charges were without legal basis.
President Mary McAleese refused to sign the Bill when it was presented to her, and referred it to the Supreme Court to test its constitutionality.
Chief Justice John Murray delivered the decision on behalf of a seven-judge court.
He concluded by saying “For the reasons expressed in this judgment, the court has decided that the retrospective provisions of the Bill […] are repugnant to the Constitution and in particular Articles 43 and 40.3.2 thereof.”
While it is correct that not all retrospective legislation is unconstitutional, retrospective attacks on property rights are not something which the courts easily countenance. – Yours, etc,
CATHAL MALONE, BL
Carrigaline,
Co Cork.