INDEPENDENT SENATOR Joe O’Toole has resigned from the Seanad committee which sanctioned Senator Ivor Callely over his expenses after the High Court overturned its decisions.
Mr O’Toole resigned from the Select Committee on Members’ Interests last night as other members gathered to consider the court’s ruling.
Mr Callely was suspended from the Seanad for 20 days and had his expenses suspended last year after controversy over his expenses. He is estimated to have lost about €10,000 in expenses as a result of the committee’s decision.
Lawyers for Mr Callely will tell the court next week what course of action he intends to follow on foot of his successful action.
Legal sources say he could sue his Seanad colleagues on the committee, although it is thought unlikely that such an action would succeed.
Mr O’Toole said last night he was thoroughly disappointed with the outcome of the case. Despite the honest, responsible and best endeavours of the committee, the court had found that Mr Callely was deprived of his rights.
While the methodology of the committee was not in line with statutory requirements, he honestly believed that Mr Callely was wrong in what he did.
He said he had argued for a “club” rather than a “court” approach to the committee’s responsibilities. However, Mr Justice Iarfhlaith O’Neill had fundamentally disagreed.
“If the judge is correct then that is a game changer which undermines the whole intention of the Act that parliamentarians would take responsibility for the ethics legislation as relevant to members of parliament.”
To be found to be in the wrong because of acting ethically and politically was “not the worst political epitaph”, Mr O’Toole said.
The select committee claimed Mr Callely, whose political base is in Dublin, had misrepresented his “normal place of residence” in claiming his expenses after it emerged that he had claimed €80,000 for travel from his holiday home in Kilcrohane, Bantry, Co Cork.
However, Mr Justice O’Neill found the committee had infringed Mr Callely’s constitutional rights, had failed to act in an appropriate judicial manner by making a “political judgment”, had acted outside its power and had breached natural justice and fair procedures.
It did not find evidence of bias in conducting the investigation, as had been alleged by Mr Callely.
The committee met last night to consider the judgment but adjourned further consideration until next week.
