Seanad debates
Friday, 28 January 2011
Legal Proceedings: Motion
11:00 am
Donie Cassidy (Fianna Fail)
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I move:
That, having regard to the judgment and decision of the High Court in Callely v. Moylan and Others, Members of the Select Committee on Members Interests of Seanad Ãireann and Seanad Ãireann [2011] IEHC 2 (Unreported, High Court, O'Neill J. January 14, 2010) and having further regard to the Order of Seanad Ãireann dated the 29th day of September 2010 (reference number S13/6 (iv)),
Seanad Ãireann, pursuant to section 4(2)(f)(v) of the Houses of the Oireachtas Commission Acts 2003 to 2009, hereby authorises the Houses of the Oireachtas Commission to instruct solicitor(s), Junior Counsel(s) and/or Senior Counsel(s) to conduct the defence of legal proceedings on behalf of Senators Pat Moylan, Dan Boyle, Frances Fitzgerald, Camillus Glynn, Denis O'Donovan, Joe O'Toole, and Alex White, the Select Committee on Members' Interests of Seanad Ãireann, and Seanad Ãireann (and any other Senator who, or Committee that, may be so joined in the said proceedings) in the matter of Ivor Callely (Applicant) v Pat Moylan and Others (Respondents) (Record No. 2010/1207JR) as regards matters arising solely from the performance of parliamentary functions and in furtherance of same hereby authorises and so instructs that the said judgment and decision of the High Court in Callely v. Moylan and Others Members of the Select Committee on Members Interests of Seanad Ãireann and Seanad Ãireann [2011] IEHC 2 (Unreported, High Court, O'Neill J. January 14, 2010) and any consequential order(s) that may be made be appealed to the Supreme Court in the manner as may be advised by the said legal advisers so instructed."
Pat Moylan (Fianna Fail)
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Does Senator Callely wish to record his dissent from that motion?
Ivor Callely (Independent)
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Thank you. A Cathaoirleach, I find myself in a very difficult position-----
Pat Moylan (Fianna Fail)
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The Senator's dissent will be recorded. There is no debate on it. The Senator dissents from it-----
Pat Moylan (Fianna Fail)
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-----and in accordance with Standing Order 58, Senator Callely will be recorded in the Journal of Proceedings of the Seanad as dissenting from the declaration of the result of the question put on the motion.
Ivor Callely (Independent)
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In light of my membership of this Seanad-----
Ivor Callely (Independent)
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-----and being named on the paper, I believe it is best that I be recorded as abstaining on the issue-----
Ivor Callely (Independent)
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-----as I am quite satisfied that the judgment speaks for itself. That is why I have made no reference in this Chamber up to now on this issue.