Sir, – There appears to be a fundamental inaccuracy with respect to the legal analysis in Cadhla Ní Frithile's letter ("Homeless crisis as temperature drops", February 14th) in which Ms Ní Frithile laments the plight of a homeless man who finds himself on the streets of Dublin "caught in a trap of injustice".
The injustice stems from the fact that the homeless man must produce two nights’ hostel accommodation receipts in order to receive welfare payments. I have no doubt what Ms Ní Frithile says is correct, and unjust.
But Ms Ní Frithile then argues Bunreacht na hÉireann states, quoting Article 45, that "justice and charity shall inform all institutions of the national life" and that the Minister for Social Protection would be "in clear breach of the Constitution" were she not to remedy the aforementioned injustice.
What is omitted, however, is the preceding qualifying statement to Article 45, which reads as follows: “The principles of social policy set forth in this Article are intended for the general guidance of the Oireachtas. The application of those principles in the making of laws shall be the care of the Oireachtas exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.”
As such, it is clear that one cannot be in breach of Article 45, as it is simply not possible: neither Ms Ní Frithile, nor the unfortunate homeless man, could successfully mount a claim arguing the Minister transgressed Article 45.
For better or worse, it is for our elected representatives to decide what “justice and charity” entails, whenever the distribution of resources is concerned; it is for the courts to determine the citizens’ respective rights and liabilities. Such is the nature of our constitutional scaffolding. – Yours, etc,
DAVID GEOGHEGAN,
Crosthwaite Park East,
Dún Laoghaire,
Co Dublin.