Courts / Ireland / Report
Convicted rapist challenges law preventing prisoners getting State pension
Summary
A man serving a 12‑year sentence for raping and sexually assaulting his daughter has filed a constitutional challenge in the High Court against a 2005 law that bars prisoners over 65 from receiving the State pension. The man, now in his seventies and due for release in less than four years, claims that section 249.1 of the Social Welfare Consolidation Act breaches the Irish Constitution and the European Convention on Human Rights. He seeks a declaration that the provision is unconstitutional, an order to pay the pension, and damages. The State, represented by Eileen Barrington SC, argues the disqualification is a social policy choice, not a punishment, and that the man will receive pension payments upon release. The case is heard before Mr Justice Donald Binchy. The unnamed man was convicted.
Who, what, where, when and why
What: Report matter: Convicted rapist challenges law preventing prisoners getting State pension. Procedural stage: sentence. Findings: Convicted
When:
- 2015-11-13 Publication
Why: Counsel said that if the man got remission on his sentence, it was estimated he would lose out on more than €95,000 in pension payments because of the disqualification order. CNI source report
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; A convicted rapist has brought a constitutional challenge against a law preventing prisoners over 65 years from receiving the State pension while they are serving custodial sentences.
Places mentioned
- Central Criminal Court
- High Court
- British House
Topics
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