SENATOR IVOR Callely will today apply to the High Court to legally challenge the Seanad committee that has been investigating his claims for travel expenses.
In a brief hearing before Mr Justice Seán Ryan at the High Court yesterday, a lawyer appearing for Mr Callely said the former Fianna Fáil Senator would seek leave today for judicial review of decisions taken by the Seanad Committee on Members’ Interests.
Michael O’Higgins SC submitted a number of documents on Mr Callely’s behalf and asked Mr Justice Ryan if he was in a position to read the documentation – including an extensive sworn affidavit by Mr Callely – in preparation for today’s ex parte application.
Mr Callely was not in court for the short hearing but was seen speaking to his legal team in the Four Courts yesterday.
Mr O’Higgins did not name Mr Callely during the hearing nor did he disclose any of the reliefs Mr Callely would seek.
Mr Justice Ryan agreed to read the papers overnight to facilitate the planned half-hour application today. He then adjourned the application until 11am today.
Mr Callely is taking the case against the committee and its seven members: Seanad Cathaoirleach Pat Moylan; Camillus Glynn (FF); Denis O’Donovan (FF); Frances Fitzgerald (Fine Gael); Joe O’Toole (Independent); Alex White (Labour) and Dan Boyle (Green Party).
The committee found in July that Mr Callely was not entitled to claim some €80,000 in travel and subsistence expenses from his west Cork holiday home over a period of two years.
The Clontarf-based Senator claimed the holiday home was his normal residence at the time of his election to Seanad Éireann in 2007. He was suspended without pay from the Seanad for 20 days as a result of the finding.
Last night Mr O’Toole said he was very conscious of the separation of powers between the Oireachtas and the courts but stood over the decisions and procedures adopted by the committee.
“Every member is entitled to access the courts and seek redress,” he said. “I am confident that the committee acted properly, constitutionally and legally in all our dealings so far.
“I look forward to explaining it when it arises,” the Independent Senator added.
Mr Boyle said there was legislation that dealt with how both houses of the Oireachtas made decisions.
“I am satisfied that that the proper procedures were followed by the committee,” he said last night.
The committee is currently investigating two other complaints against the Senator. The first relates to his claim for almost €3,000 in mobile phone expenses using receipts from a company that had been defunct for more than a decade.
The second arises from an allegation that the beleaguered Senator did not disclose all the properties owned or co-owned by him in his official declaration.
The deadline for Mr Callely’s written response to the complaint on mobile phone expenses was extended by the committee for two weeks and is now due to be received by its clerk by tomorrow. He is also required to respond in writing to the second complaint by September 21st.
Mr Callely resigned from Fianna Fáil last month after a special party committee refused to allow him an extension of time to prepare a defence to its investigation into his conduct.
