Opposition reaction: Opposition parties yesterday welcomed the Supreme Court decision, and condemned the Government for arrogance and misjudgment in forcing the legislation through the Oireachtas before Christmas.
The Fine Gael leader, Mr Enda Kenny, said there were "serious questions about the handling of this issue by Minister Martin, who was made aware of serious legal questions about the charges". There were also serious questions to be answered by the Tánaiste, Ms Harney, "whose drastic retrospective legislation has now been rejected by the Supreme Court".
He called on the Government to set up a process "to commence the repayment of illegally taken charges, and it is essential that that process deals with the elderly concerned in a sensitive and caring manner.
"Above all, elderly patients who were illegally charged over the years should not have to incur expensive legal costs to recover money which should never have been taken from them."
Labour's health spokeswoman Ms Liz McManus said the Supreme Court finding "comes as no surprise to the party. Immediately following the passing of the Bill I wrote to the Office of the President suggesting that the she should seek the advice of the Council of State and that our advice was that there were serious question marks over the constitutionality of the Bill. Our position has been fully vindicated by the Supreme Court judgment."
She said the decision pointed to the danger of rushing important legislation through the Dáil without giving members the time required to fully assess its implications. "All stages of this Bill were guillotined, despite the protests of the Labour Party and other opposition parties.
"This decision is a stinging rebuke from the highest court in the land to the approach of the Tánaiste to this entire issue and it raises very serious questions about her political judgment."
The Green Party chairman and health spokesman, Mr John Gormley, also described the decision to rush the legislation through the Oireachtas as "foolhardy". He said he believed that over time flaws in the Health Service Executive would become apparent, as his party had warned during the committee stage debate on the Bill setting up that body.
"Since taking up office the Tánaiste has presided over the worst A&E crisis the State has ever seen, she has lost the chief executive of the Health Service Executive, the Primary Care Strategy is a total shambles, we cannot retain nurses in the system and the Hanly Report has been ditched as have other reports commissioned by her predecessor Micheál Martin. The Tánaiste is now flying by the seat of her pants. This latest debacle should be a wake up call for Minister Harney."
Sinn Féin's health spokesman Mr Caoimhghín Ó Caoláin said the judgment exposed the arrogance of the Government and Minister in rushing the Bill through. "I welcome today's ruling by the Supreme Court. People who have been unjustly and illegally charged should now be swiftly reimbursed."
He said Ms Harney's actions "have caused enormous confusion and worry, especially amongst elderly people in residential care and their families.
"This matter needs to be resolved as speedily as possible and proper and adequate information must be made public to ensure the confusion that is there is ended. Repayment of monies owed should now proceed with minimum bureaucracy and without thousands of people having to go to court."