Callely -v- Moylan & ors [2014] IESC 26 (09 April 2014)

Callely -v- Moylan & ors [2014] IESC 26 (09 April 2014)

The Supreme Court held that the disciplinary actions taken by the Committee and Seanad Éireann against Senator Callely, including the adoption of the Committee’s report and the imposition of sanctions, were exercises of the Houses’ exclusive constitutional function under Article 15.10. The courts have no jurisdiction to review or quash such internal parliamentary disciplinary decisions, as they are protected by the separation of powers and parliamentary privilege under Articles 15.10, 15.12, and 15.13. Accordingly, the High Court erred in granting relief to Senator Callely.

Citation
[2014] IESC 26
Parties
Applicant/respondent: Ivor Callely; Respondents/appellants: Pat Moylan, Dan Boyle, Frances Fitzgerald, Camillus Glynn, Denis O'Donovan, Joe O'Toole, Alex White (Members of the Select Committee on Members' Interests of Seanad Éireann), Committee on Members' Interests of Seanad Éireann and Seanad Éireann
Jurisdiction
Ireland
Judgment Date
09 April 2014
Procedural Posture
Appeal (judicial Review) / Supreme Court Final Judgment
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Separation of Powers, Judicial Review, Parliamentary Privilege, Natural Justice, Fair Procedures, Disciplinary Proceedings, Oireachtas Members' Expenses
Constitutional Law Administrative Law Parliamentary Law Separation of Powers Judicial Review Parliamentary Privilege Natural Justice Fair Procedures +2 more

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Parties

Ivor Callely

Applicant/respondent

Pat Moylan, Dan Boyle, Frances Fitzgerald, Camillus Glynn, Denis O'Donovan, Joe O'Toole, Alex White (Members of the Select Committee on Members' Interests of Seanad Éireann), Committee on Members' Interests of Seanad Éireann and Seanad Éireann

Respondents/appellants

Procedural Posture

Appeal (judicial Review) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the courts have jurisdiction to review and quash disciplinary decisions of the Houses of the Oireachtas regarding their own members
  2. 2 Whether the procedures followed by the Committee and Seanad Éireann breached Senator Callely’s constitutional rights to natural justice and fair procedures
  3. 3 Whether the Committee misconstrued the term 'normal place of residence' under the relevant legislation and regulations

Ratio Decidendi

The Supreme Court held that the disciplinary actions taken by the Committee and Seanad Éireann against Senator Callely, including the adoption of the Committee’s report and the imposition of sanctions, were exercises of the Houses’ exclusive constitutional function under Article 15.10. The courts have no jurisdiction to review or quash such internal parliamentary disciplinary decisions, as they are protected by the separation of powers and parliamentary privilege under Articles 15.10, 15.12, and 15.13. Accordingly, the High Court erred in granting relief to Senator Callely.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Order of certiorari quashing the Committee’s report and Seanad resolution set aside
  • No relief granted to Senator Callely; disciplinary actions of the Oireachtas upheld