Senator Ivor Callely has won his High Court action aimed at overturning a Seanad committee’s finding that he misrepresented his normal place of residence to claim expenses.
The High Court found this morning the Seanad Select Committee of Members’ Interests breached Mr Callely’s constitutional right to natural justice and fair procedures in its decision.
The former Fianna Fáil senator was suspended from the Seanad for 20 days last July after the committee made a finding he had intentionally misrepresented his normal place of residence as Kilcrohane, Co Cork, in order to claim expenses.
Mr Justice Iarfhlaith O’Neill said today the committee had misdirected itself in law on the definition of a “normal place of residence” and had breached natural justice and fair procedures in failing to give Mr Callely a reasonable opportunity to defend himself on a charge of breach of political ethics.
Mr Justice O’Neill quashed the committee’s decision and the corresponding resolution of the Seanad to suspend Mr Callely. This judgment runs to 73 pages.
Lawyers for Mr Callely said they wanted to consider the implications of the judge’s ruling, and the matter will return to court the week after next.
A statement issued after the ruling on behalf of Mr Callely expressed the senator's satisfaction with the High Court decision, which "clearly vindicates" his position.
"Senator Callely, his wife and family have suffered greatly from having been placed in the glare of media publicity with attendant adverse, unfair and defamatory comments from some sections of the media," the statement said. It added Mr Callely will now be reviewing his legal decisions.
Mr Callely had argued the committee made a political and ethical decision against him that he claims it was not entitled to do. He also claimed 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, Mr Callely also alleged.
His lawyers argued in court last October that he had complied with the definition and was entitled to make the expenses claim he had. The case, which raised broader questions about the relationship between the courts and the Oireachtas, was heard over three days before Mr Justice O’Neill.
In November, Mr Justice O’Neill invited both sides to make further submissions in the light of Sinn Féin Senator Pearse Doherty’s successful High Court challenge to the Government’s 16-month delay in holding the Donegal South-West by-election.
The members of the committee are Senator Pat Moylan, 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).
Mr Boyle removed himself from the committee because of previous comments he had made about Mr Callely; he was replaced by Green Party Senator Mark Deary.
