The Supreme Court has been asked to facilitate a priority hearing of an appeal by a Seanad Committee against a decision upholding former senator Ivor Callely’s challenge to the committee’s findings on his expense claims.
Mr Callely is out of public life and would like to reconstruct his life, his counsel Michael O’Higgins SC, told the Chief Justice, Ms Justice Susan Denham, when the matter was mentioned before the Supreme Court today.
Conleth Bradley SC, for the Committee, said the appeal involved issues of constitutional importance and he required time to prepare legal submissions.
After discussion with counsel, the Chief Justice said she would allow eight weeks for the Committee’s submissions and four weeks to Mr Callely to reply and the matter would come before the court for mention again in June.
The Seanad Committee on Members Interests has appealed against a High Court decsion overturning its finding, when dealing with then Senator Callely’s expenses claims, that he had misrepresented his place of residence as west Cork.
Mr Justice Iarfhlaith O’Neill ruled Mr Callely was in compliance with the applicable definition of “normal place of residence” when he made his expenses claim. The Committee and the Seanad had misdirected themselves, in law, on this definition, the judge found.
He also found a breach of fair procedures in failing to afford Mr Callely a reasonable opportunity to defend himself on a charge of breach of political ethics.
The Committee’s decision, later confirmed by the Seanad itself, had censured Mr Callely by suspending him for 20 days with consequent loss of pay of nearly €17,000.
After the High Court ruling, the sides agreed on the terms of an order quashing the Committee’s findings and providing for Mr Calley to be paid for the 20 days he had been suspended. He was also awarded costs of the case.
