The High Court has reserved judgment on Senator Ivor Callely’s action aimed at overturning a Seanad Committee’s finding he misrepresented his normal place of residence in order to claim expenses.
The Fianna Fáil Senator was suspended from the Seanad for 20 days last July after the Seanad’s Select Committee’s of Members Interests made a finding he had intentionally misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork, in order to claim allowances.
The Senator has argued the Committee made a political and ethical decision against him which he claims it was not entitled to do. He also claims it was biased against him.
The Committee disregarded the Department of Finance’s definition of a normal place of residence for the purposes of claiming expenses when it made a determination against him, he further alleged. He had complied with the definition and was entitled to make the expenses claim he had, it was argued.
The Committee has rejected all those claims and also pleads the courts do not have the jurisdiction to hear his action due to the Constitutional separation of powers.
Submissions for both sides concluded yesterday after which Mr Justice Iarfhlaith Ó Neill said he was reserving his decision.
During the three day case, the judge remarked the proceedings, relating to a finding by a committee of the one of the two houses Oireachtas against one of his members, raised issues which involved “new territory” for the courts.
Earlier today, Conleth Bradley SC for the Committee, argued it was not bound by the Department of Finance’s definition of normal place of residence which it had considered during its investigations.
Under the Ethics in Public Office Act, the Committee was legally entitled to make a political or ethical judgment in the circumstances surrounding the complaints made against Senator Callely concerning his expenses claims, counsel said.
Counsel rejected claims the Committee displayed bias against Senator Callely and submitted it was entitled to ask “hard questions” of him. While accepting this was a difficult process for the Senator, the Committee was entitled to ask the questions it had.
Michael O’Higgins SC, for the Senator, said the transcript of the hearing clearly displayed there was bias against his client. The Committee, in dealing with what was a disciplinary hearing, was not entitled to make a political judgment against his client. The committee’s finding “had nothing to do with politics”, he added.
The Senator is seeking an order quashing the committee’s findings. He also wants damages for loss of earnings during his suspension.
The members of the committee are Senators Pat Moylan (FF) who is also Seanad Cathaoirleach Camilus Glynn (FF) Denis O’Donovan (FF) Joe O’Toole (Independent), Alex White (Labour), Frances Fitzgerald (Fine Gael) and Dan Boyle (Greens).