A pensioner has lost his High Court challenge to the free travel and accommodation expenses system for TDs and Senators.
John Wolfe (79), a retired builder who represented himself, also faces a legal bill for the cost of the two-day hearing of his case against the Government, Minister for Finance, Ireland and the Attorney General.
Mr Justice Tony O’Connor dismissed Mr Wolfe’s claim that the expenses system was unconstitutional. He also rejected his argument that he should not have to pay the costs on grounds that that would discourage others from bringing cases like this which he said was in the public interest.
Invidious discrimination
The judge said Mr Wolfe had failed to satisfy the court that there was invidious discrimination in the expenses system.
He rejected his claim that article 40.1 of the Constitution, providing for equal treatment of citizens, meant politicians were not entitled to be treated differently in relation to other workers when it comes to travelling to and from their place of work.
It is well established that equality of treatment is not the same as uniformity of treatment, he said. This was not about discrimination based on race, creed and gender.
Moreover, as had been argued by the State, article 15.15 specifically states Oireachtas members are entitled to “free travelling” in connection with their duties, he said.
The courts have no power to declare any act of the Oireachtas, pursuant to the power conferred by article 15.15, unconstitutional, he said.
He also rejected Mr Wolfe’s argument that the system contravened the European Convention on Human Rights.
The judge also said he did not believe this case was an exceptional one such as permitting the court to use its discretion not to impose costs on Mr Wolfe.
Mr Wolfe’s claim that a costs order would set a precedent and discourage others from taking cases in the public interest did not withstand scrutiny, he ruled.
In his action over a new travel and accommodation expenses system introduced by law in 2009, Mr Wolfe argued TDs and Senators can get flat allowances of €9,000 to €34,065 a year depending on where they live.