Callely decision 'a political judgment', court told

A Seanad Committee's finding that Senator Ivor Callely misrepresented his normal place of residence in order to claim expenses was "a political judgment" against the senator by his peers, the High Court heard today.

The court also heard that Senator Callely, who is seeking to overturn findings made against him last July by the Seanad's Select Committee's of Members Interests, had complied with the rules and made a claim for expenses that he was entitled to make.

Today Mr. O'Higgins argued that the committee had made a political finding against his client that was "a bad submission in law, was false and would be difficult if not impossible to reconcile with the evidence."

In his action the senator claims that 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. It made a political and ethical decision against him, one which the senator's legal team claims it was not entitled to do.

In his High Court action the senator, a North Dublin FF TD from 1989 to 2007, is seeking orders aimed at quashing the committee's finding that he had intentional misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork in order to claim allowances. As a result of the Committee's findings he received a 20-day suspension from the Seanad.

Senator Callely is seeking a number of declarations and orders including that the report findings are quashed and declared null and void, and damages.

In its statement of opposition the committee argues that the Court does not have the jurisdiction to interfere with a decision of an Oireachtas committee. It claims that by virture of separation of powers and Article 15.10 of the constitution the Seanad and its committees are masters of their own deliberations.

The committee claims that it acted properly and that its determination was one that related to political ethics and propriety of Senator Callely's behaviour in submitting such expenses claims.

The committee has further denied Senator Callely's claims its findings were a breach of fair procedures or biased against Senator Callely. It further claims that the report was "lawfully adopted" by the Seanad.

The members of that 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).

Opening the action today Michael O'Higgins SC for the senator said that his client's claim for expenses from Bantry were validly made under the definition of a member's 'normal place of residence'.

The senator had applied a definition by the Department of Finance, supplied to him by the Members Services of the Houses of the Oireachtas Service.

Counsel said the committee had not taken issue with the fact that Senator Callely had complied with the definition by the department.

However it was stated in the committee's statement of opposition that it was entitled to not to apply the department's interpretation of the definition of normal place of residence, as it regarded that definition as being in error.

Counsel said that such a statement was remarkable as the committee was effectively saying it could disregard the definition and had substituted it with one which was vague and not known to anybody else including his client.

He said the committee was not entitled to disregard the definition supplied to his client, which he added was a working definition.

Counsel said that the committee decided to punish Senator Callely for his actions, and that the decision against him was a "political judgment" by the senator's peers for what they held to be his unethical actions.

Counsel said that the committee's findings was the "equivalent of trying to put a very large square peg into a small round hole." Counsel said that Senator Callely had no right of appeal and the media attention surrounding the finding, counsel added, had disastrous consequences for his client.

It sparked a vicious media campaign against his client and resulted in calls for the gardai to investigate Senator Callely's actions. The case before Mr Justice Iarfhlaith Ó Neill is expected to conclude tomorrow.