Senator's move opening gambit in long battle
Published 07/09/2010 | 05:00
THE decision by Ivor Callely to seek permission from the High Court to judicially review the Seanad's Select Committee on Members' Interests is the opening gambit in what could be a lengthy legal battle in which he seeks to clear his name and challenge the powers of his peers to investigate his conduct.
It is likely that the Seanad will suspend its investigations pending the outcome of any court review of its procedures.
The application will today be heard in the absence of the Seanad members named in Mr Callely's sworn statement.
Judicial review is the procedure by which an aggrieved party tests the legality of administrative decisions by state and public bodies.
Grounds for judicial review proceedings include allegations of breaches of natural and constitutional justice, reasonableness, proportionality and legitimate expectation.