Take our survey • Win a prize
Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Cathal McNaughton/PA Wire

Ivor Callely wins High Court challenge to Seanad committee

Senator suspended for 20 sitting days after Committee investigation into his expenses claims, thanks friends and supports for “tremendous support” while he was “under sustained attack”.

SENATOR IVOR CALLELY has won his legal challenge to the Seanad Committee which investigated his expenses and suspended him for 20 working days without pay, according to Newstalk radio news.

The High Court had earlier reserved judgment on the challenge after the judge said it was the first of its kind involving a member of the Oireachtas.

The Committee for Members’ Interests conducted an investigation into expenses claimed by Callely which amount to €80,000, and ruled that the senator had misrepresented the location of his principle residence. Callely then mounted a legal challenge to that decision.

The legal arguments hinged on whether the courts could rule on Oireachtas business.

Counsel for the Seanad Select Committee for Members’ Interests argued that only the Oireachtas could choose whether members could appeal its decisions.

Callely’s lawyers claimed the committee had erred in law by making any determination against him, and that it made an ethical judgement against him beyond its ability or remit. They also argued that the Cork address used by Callely when claiming the expenses in question complied with the Department of Finance definition of a normal place of residence.

Today, the High Court ruled that the committee breached Callely’s right to ‘fair procedure’ in acting beyond its powers. The judge said Callely had not been provided the opportunity to defend himself against a political charge, and quashed the committee’s findings.

A statement read outside the court by Callely’s solicitor on behalf of the senator said Callely was satisfied with the court’s decision which “clearly vindicates his position”. It also said Callely and his family thanked their supporters for encouragement during the time he was “under sustained attack”.

The statement also criticised media coverage of Callely’s affairs, saying:

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.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
4 Comments
    Install the app to use these features.
    Mute Tim Henchin
    Favourite Tim Henchin
    Report
    Nov 16th 2011, 9:01 AM

    ………. what is the betting that not one of them will have a legitimate mandate. We live in a post-democratic age, it is disturbing to see how many accepted this.

    We have the man who fudged Greece’s books, so they could get in to the Euro, while he was the head of their banking system made leader. It is like having Sean Fitzpatrick rammed in as leader of this state by Europe.

    It will either go down in history as the start of a dark but temporary blot on European democratic history or else as a great day for Europe, written by our new technocratic masters in the future, the corporatization of the continent. There used to be a name for the merging of corporate power and State control in to one entity. A predecessor of this man invented it.
    http://www.youtube.com/watch?v=FnTOiso08HM

    6
    Install the app to use these features.
    Mute Uncle Mort
    Favourite Uncle Mort
    Report
    Nov 16th 2011, 9:40 AM

    Good link Tim,thanks for sharing it.
    The mention of the ‘intense talks’ by Monti begs the question as the what bribes were offered, by bribes I mean offers of position and power.

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds