IT WAS a big day in the Four Courts yesterday for Labour Senator Alex White.
In one part of the old building, he was called to the Inner Bar. “Senior Counsel” will look lovely on his general election literature.
The Seanad wasn’t sitting, so the newly elevated leading light of the Labour lawyers could have spent the rest of the day celebrating his achievement, had he so desired. It’s a great job, being a senator.
Or he could have nipped up to the third floor, to Court No 13, where Michael O’Higgins – a man long since settled into his silk – was sticking the boot into Alex (Upper Chamber/Inner Bar) and some of his Seanad colleagues.
Michael O’Higgins is truly in a league of his own: do you know of anyone else who is prepared to stand up at the moment and defend the honour of Ivor Callely? Granted, O’Higgins is being paid to do it, but nevertheless . . .
Only one Senator turned up for the hearing of Ivor’s legal bid to overturn a Seanad committee’s decision to suspend him from the House when they concluded that he misrepresented his normal place of residence in order to claim expenses.
Cathaoirleach Pat Moylan observed proceedings for the morning, but the legal arguments proved a turn-off for the rest of his colleagues, who found they had better things to be doing on yet another day off.
But back to Mr White and colleagues Eugene Regan (also a lawyer) and Joe O’Toole (former union boss, handy to have in an argument). These are men not to be trifled with, and they made this known to Callely in no uncertain terms when he came before them.
There are others who sit on the investigative body, but it was the aforementioned trio of Perry Masons who made the running.
And they were satisfied that Ivor the Driver pulled a fast one.
But, according to O’Higgins, Ivor the Driver is actually Ivor the Anomaly. The rules governing where a senator lives for expenses purposes are complicated and the definition of what constitutes a “normal” place of residence is broad.
He told judge Iarfhlaith O’Neill that the committee now accepts his client complied with the residence rule. Notwithstanding this, they disregarded the official definition within which Callely operated, opting instead to exercise their political judgment against him. It seems they were ethically offended.
In fairness – we’re talking Ivor here – they could plead extreme provocation.
To bolster his argument, Ivor’s brief read out chunks of statements made by White, Regan and O’Toole at the committee. He was less than impressed, and he said as much, just falling short of inviting the three Seanad avengers across to his manor so he could make mincemeat of them.
He said that, upon reading their judgement on Ivor, “no one could ever, ever know that he complied with the definition”. The outcome was “abuse and vitriol heaped on Senator Callely” who was then vilified in the media.
But in an astonishing development, O’Higgins went on to say he attached no blame to the media.
“Who would criticise them for it in the light of the determination framed?” That’s a first for the Four Courts.
By the way, the court was told that Ivor is “pleasantly surprised” to hear that the committee now accepts that he satisfied the definition of a normal residence.
The case is expected to take three days. It’s heavy going.
And there is something ridiculous about days of legal argument around overnight allowances and daily rates and what does and what doesn’t constitute “a rural member”. But then, the saga of the expenses of our deputies and senators has been rumbling on for years.
It was only a matter of time before somebody landed in the Four Courts with their Google map, mileage sheet and chits for meat teas in Horse and Jockey.
Of course, it had to be Ivor.
And now, says the only man in Ireland who is standing up for him, the committee has left “Senator Callely with a large amount of muck on his shoes and he is trying to shake it off.” Mind you, that shouldn’t be a problem for the Clontarf Culchie.
The committee’s legal team will argue that the court has no jurisdiction over the workings of a Seanad committee. They are “masters of their own deliberation”. A chilling thought.
