President McAleese is expected to decide today if she will refer the Government's nursing home legislation to the Supreme Court.
Yesterday, the President held an hour of talks in Áras an Uachtaráin with her Council of State to seek its advice about the Health Amendment Act.
"The meeting is over. There will not be a decision this evening, but there is likely to be one tomorrow," a spokeswoman for the President said last night.
The legislation says all charges levied since 1976 on pensioners and other long-stay patients, including those in psychiatric hospitals, are lawful.
Last night, there was a growing acceptance within the Government that the constitutionality of the legislation would be tested in the Supreme Court. Indeed, sources welcomed such a move.
"It would be better if it is tested in this way, even if we were to fail, rather than losing a case against a pensioner," said one.
Defending the legislation, the Tánaiste and Minister for Health said nursing home services would be affected if long-stay charges could not be levied upon patients. "Clearly if we are not in a position to be able to raise some monies - it works out at about €100 million a year - then obviously that would put the services that we are providing at risk," Ms Harney said.
"I am very anxious to ensure that as quickly as possible we can again legally begin to make a charge from those individuals who are in a position to do so."
Former taoiseach Mr Charles Haughey was the only absentee from the Council of State meeting - the first to be held during President McAleese's second term but the fourth in all.
The Taoiseach, Mr Ahern, attended, along with Ms Harney; the Chief Justice, Mr Justice Murray; the president of the High Court, Mr Justice Finnegan; the Ceann Comhairle, Dr Rory O'Hanlon; the Cathaoirleach of the Seanad, Senator Rory Kiely, and the Attorney General.
It also includes former presidents Dr Patrick Hillery and Mrs Mary Robinson; former taoisigh Dr Garret FitzGerald, Mr Charles Haughey, Mr Liam Cosgrave, Mr John Bruton and Mr Albert Reynolds; and two former chief justices, Mr Justice T. A. Finlay and Mr Justice Ronan Keane.
Last month, Mrs McAleese appointed Col Harvey Bicker, Ms Anastasia Crickley, Ms Mary Davis, Prof Denis Moloney, Senator Martin Mansergh, Mr Enda Marren and Ms Daráine Mulvihill to the council.