Senator Ivor Callely has “strenuously” rejected a report by a Seanad committee that he misrepresented his normal place of residence for the purpose of claiming extra travel expenses.
The Seanad last night voted unanimously to censure Mr Callely and suspend him for 20 sitting days without pay over controversial expenses claims.
“I would like to have the matter reviewed fairly in a non-partisan way,” he said last night but refused to comment “at this stage” as to whether this meant taking court proceedings.
“I strenuously reject the findings,” said the Senator, who has already lost the Fianna Fáil whip. “I will now have to consider the options available.”
The motion to suspend Mr Callely was proposed by deputy leader of the Seanad and Green Party chairman, Senator Dan Boyle and was adopted by acclamation and without dissent.
The only speaker to the motion was Fine Gael Senator Eugene Regan who praised the committee that prepared the report for acting “quickly and decisively”.
Senator Regan said this morning he felt it was now up to the Garda to investigate the matter.
"I’m not saying that it is fraud, I’m not saying Senator Ivor Callely should be prosecuted for fraud…I think if such an issue arose in relation to anyone else the gardaí would investigate it," he said. "That is unjust enrichment on the basis of that [the Senate's] finding and it think it is for the Garda to follow up on that allegation.”
After last night’s public hearings, the Seanad’s Committee on Members’ Interests determined that Senator Callely had breached section 4 of the 2001 Standards in Public Office Act.
The committee found his action was “inconsistent with the proper performance by Mr Callely of the function of the office of Senator”.
The report also found the action was “inconsistent with the maintenance of confidence in the performance by Senator Callely of the function of the office of Senator by the public and was of significant public importance”.
The committee determined that Mr Callely was continuing to misrepresent his place of residence as Kilcrohane in west Cork rather than Clontarf in Dublin and noted his commitment to “reimburse” any overpayment of allowances.
Most damagingly, perhaps, the committee found the Senator acted intentionally, that his action “was of a serious and grave nature” and that he “did not act in good faith having regard to all of the circumstances”. The Senator has claimed a total of €81,015 in travel-related expenses since his nomination after the general election of 2007.
The committee is chaired by Seanad Cathaoirleach Pat Moylan. Its other members are Senators Dan Boyle (Green), Frances Fitzgerald (FG), Camillus Glynn and Denis O’Donovan (FF), Alex White (Lab) and Joe O’Toole (Ind).
Today, Fianna Fáil's Mary Hanafin said Mr Callely had to make up him own decision on whether or not to appeal the decision. However, she said it "behoves" all in public office to ensure they are using taxpayer's money "correctly and properly".
When asked if the Senator should resign, Ms Hanafin said the Senate had made their own decision. "It's very much an issue now about ethics," she said.