Legal Proceedings: Motion

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 Éireann and Seanad Éireann [2011] IEHC 2 (Unreported, High Court, O'Neill J. January 14, 2010) and having further regard to the Order of Seanad Éireann dated the 29th day of September 2010 (reference number S13/6 (iv)), Seanad Éireann, 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 Éireann, and Seanad Éireann (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 Éireann and Seanad Éireann [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.

Question put and agreed to.

Does Senator Callely wish to record his dissent from the motion?

Thank you, chathaoirligh. I find myself in a very difficult position——

The Senator's dissent will be recorded. There is no debate on the motion. The Senator dissents from it——

I am not dissenting from it.

——and in accordance with Standing Order 58, he 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.

In light of my membership of this Seanad——

No. I must move on to the next item.

——and being named on the paper, it is best that I be recorded as abstaining to the issue——

——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 to this issue.