THE SEANAD Committee which found Fianna Fáil Senator Ivor Callely misrepresented his place of residence in order to claim expenses was entitled to make such a political and ethical finding and the courts have no jurisdiction to hear the Senator’s challenge to that, the High Court was told yesterday.
Conleth Bradley for the Seanad’s Select Committee of Members Interests, said there was extensive case law to support his argument that the courts cannot review the committee’s finding against Senator Callely.
Under the Ethics in Public Office Act, the committee was permitted to make a political and ethical judgment against a member of the Oireachtas, counsel said. The committee’s determination against Senator Callely was made under that Act last July.
Under the Constitution, the Oireachtas has the power to make its own rules for members, which did not apply to ordinary members of the public, counsel said. Any issue of unfair procedures or damage to reputation or breach of rights were matters for the Seanad and not for the courts and it was “as simple as that”.
Michael O’Higgins for the Senator, disputed the argument that the High Court is precluded by the constitutional separation of powers from reviewing a decision.
Counsel argued the court has the jurisdiction to review the “fundamentally flawed” finding, which led to Mr Callely receiving a 20 day suspension from the House. The Senator, a North Dublin TD from 1989 to 2007, is seeking orders aimed at quashing the committee’s finding that he had intentionally misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork in order to claim allowances. He is also seeking damages.
The Senator claims 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. The committee had made a political and ethical decision against him when it was not entitled to do so, he argues.
The members of the committee are Senators Pat Moylan (FF) who is also Seanad Cathaoirleach, Camillus Glynn (FF); Denis O’Donovan (FF); Joe O’Toole (Independent); Alex White (Labour); Frances Fitzgerald (Fine Gael) and Dan Boyle (Greens). The committee claims it acted properly and denies any breach of fair procedures. The case before Mr Justice Iarfhlaith Ó Neill continues today.