Callely's lawyers reject claim court lacks jurisidiction to hear action

Lawyers acting for Senator Ivor Callely have rejected claims by a Seanad Committee that the courts do not have the jurisdiction to hear his action.

Today, Conleth Bradley SC for the Seanad's Select Committee's of Members Interests, who made the finding last July that the senator had misrepresented his normal place of residence in order to claim expenses, said that the courts cannot review the committee's finding against Senator Callely.

In its statement of opposition the committee argues that the court lacks the jurisdiction to interfere with a decision of an Oireachtas Committee. It claims that by virtue of separation of powers and Article 15.10 of the Constitution the Seanad and its committees are masters of their own deliberations.

Mr Bradley told the court that under the Constitution the Oireachtas had the power to make its own rules for members, which did not apply to ordinary members of the public. Any issue of unfair procedures, or damage to reputation or breach of rights were matters for the Seanad and not for the courts. It was as simple as that, counsel added.

He said there was extensive case law to support his submissions. Mr Bradley also said that under the Ethics in Public Office Act the committee was permitted to make a political and ethical judgment against a member of the Oireachtas and it was under this act that the determination against Ivor Callely was made.

However, on what was the second day of the hearing Michael O'Higgins SC for the senator argued that the courts are not precluded by the Constitution from reviewing a decision.

Counsel argued that the Courts had the jurisdiction to review a finding which the Senator claims is as "fundamentally flawed" and "shambolic" such as this which lead to Mr Callely receiving a 20-day suspension from the house and his good reputation being destroyed.

The Senator, a North Dublin FF 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. As a result of the Committee's findings he received a 20-day suspension from the Seanad.

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

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, which he claims it was not entitled to do.

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).

The committee also claims that it acted properly and denies that its findings amounted to a breach of fair procedures.

It argues that its determination was one that related to political ethics and propriety of Senator Callely's behaviour in submitting such expenses claims.

The case before Mr Justice Iarfhlaith Ó Neill continues.