The High Court has been told it cannot interfere with a decision of a Seanad Committee on Members’ Interests or adjudicate on its procedures.
Lawyers for the committee have begun opposing an application by Senator Ivor Callely aimed at quashing its findings against him.
Senior Counsel Conleth Bradley told the court that a point of fundamental and absolute importance was one of jurisdiction.
Under the Constitution, the Oireachtas had the power to make its own rules for members, he said.
Replying to Mr Justice Iarfhlaith O'Neill, who asked if TDs and Senators did not enjoy the usual array of constitutional rights, Mr Bradley said the enforceability of rights was not a matter for the courts but a matter for the Seanad under standing orders.
He said there was extensive case law to support his submissions.
If the court accepts jurisdiction in the case it would be parsing and examining deliberations of members of the Seanad sitting in committee, he said.
Earlier, Senior Counsel Michael O'Higgins for Mr Callely said there was nothing expressly stated in the Constitution offering immunity from judicial review.
Otherwise such committees would be completely and utterly unaccountable. He said the committee could not be allowed to come to court, having disregarded the rights of people under legislation and say: ‘you cannot touch me’.
Mr Bradley also said that under the Ethics in Public Office Act the committee was permitted to make a political and ethical judgment against a member of the Oireachtas and it was under this act that the determination against Senator Callely was made.
Senator Callely is challenging the investigation of the committee, its subsequent report and its decision to suspend him for 20 days in July after an investigation concluded he had misrepresented his place of residence for the purpose of claiming allowances.
The case continues tomorrow before Mr Justice O'Neill.
