An ethics investigation into an outgoing Fianna Fail senator has been dropped after a complaint over his voting record was withdrawn.

The Seanad's ethics committee determined that there was insufficient evidence to prove allegations that Keith Swanick misused the fobbing-in system in Leinster House that is used to calculate expenses.

However, the committee raised concerns with Oireachtas authorities about its ability to investigate complaints under current ethics laws.

Mr Swanick, who has called for Micheal Martin to resign as Fianna Fail leader in the wake of the general election result, said he welcomed the outcome.

"I've always had an excellent work ethic and never had anything to hide. I didn't go into politics for monetary gain," he said.

The Mayo-based senator, who is not running for re-election, said it had been "desperation stakes" from Mr Martin to call him out over his voting record.

It was alleged that Mr Swanick failed to participate in 75pc of Seanad votes on days he was recorded as being present in Leinster House.

Mr Swanick, a GP who runs a practice in Belmullet, Co Mayo, was the subject of an RTE investigation last year which showed he did not vote on 84 of the 114 voting days he fobbed into Leinster House between June 2016 and July 2019. Mr Swanick received close to €73,000 in travel expenses up to the end of 2018.

After the RTE report was published Mr Swanick defended his voting record, insisting he has been "one of the most prolific senators with regards to policy development" and had not entered politics for monetary gain.

He cited the taskforce on loneliness he established, several private members' bills, his campaigning for the cessation of government investment in tobacco companies and representations for colleagues.

"Any representation I do on behalf of local authority members or colleagues ultimately serves a member of the public and that has been my one goal. At no stage have I entered politics for monetary gain and since elected in 2016 I've lost money, but monetary gain has never been an issue for me," he said at the time.

Mr Martin suggested last December that Mr Swanick had questions to answer and said "there is an issue there" with his voting record.

The Seanad members' interest committee began an investigation last month but was forced to restart its probe at a second meeting earlier this month. This came after Independent Senator Michael McDowell said at the end of the first meeting that he had discussed the matter with Mr Swanick, felt he had a conflict of interest as a result and that he should no longer take part in the probe.

At the second meeting on March 3, members received a letter from the complainant who said they wished to withdraw the complaint because Mr Swanick was not seeking re-election. On legal advice that difficulties with evidence could hamper the investigation, the committee determined that there was no evidence of irregular recording of attendance by Mr Swanick.

It agreed to write to the Oireachtas Commission over concerns that ethics legislation as currently written does not provide guidance on what can be done when a complaint is withdrawn and does not allow the members' interests committee to take further steps in an investigation once a person subject of a complaint ceases to be a member.

Earlier this month the Sunday Independent revealed that Mr Swanick wanted Mr Martin to resign.

His call has been backed by several Fianna Fail councillors publicly and Mr Martin came under pressure from his parliamentary party earlier this month over his refusal to engage with Sinn Fein.

Sunday Independent