seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA


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Birth of Susan Denham, First Female Chief Justice of Ireland

Susan Jane Denham, SC (née Gageby), Irish judge who is the first woman to hold the position of Chief Justice of Ireland (2011-17), is born in Dublin on August 22, 1945. She serves as a Judge of the Supreme Court of Ireland (1992-2017), and is the longest-serving member of the court on her retirement. She also serves as a Judge of the High Court (1991-92).

Gageby is the daughter of the former editor of The Irish Times, Douglas Gageby, the sister of another barrister, Patrick Gageby, and maternal granddaughter of Seán Lester. She is from a Church of Ireland background. She is educated at Alexandra College, Dublin, and attends Trinity College Dublin, the King’s Inns, and the Law School of Columbia University, New York City (LL.M. 1972). She is involved with the Free Legal Advice Centres while studying in Dublin and is a founder and president of the Archaeology and Folklife Society at Trinity College.

Gageby is called to the bar in July 1971 and becomes a Senior Counsel in October 1987. She is the fourth woman to enter the Inner Bar. She becomes a senior counsel on the same day as future Supreme Court colleague Mary Laffoy. She works on the Midland circuit until 1979, following which she is based in Dublin. She is involved in a number of leading cases while a junior barrister and a Senior Counsel particularly in the area of judicial review. She becomes a High Court judge in 1991.

Gageby marries paediatrician Dr. Brian Denham in 1992. Also in 1992, at the age of 47, Denham is the first woman appointed to the Supreme Court. She is considered for appointment to the role of President of the High Court in 1994, but declines to have her name put forward. She makes two dissents early on in her period on the Court. Throughout her tenure as a judge she is seen by commentators to be a “liberal” judge.

In Kelly v Hennessy in 1996, Denham outlines criteria for a court to consider the evidence of the existence of nervous shock in Ireland. In 2001, she is the sole member of the Supreme Court to dissent in TD v Minister for Education. The court overturns a decision of Peter Kelly in the High Court to direct the government to build secure care units for certain children.

From 1995 to 1998, Denham chairs the Working Group on a Courts Commission, which is responsible for a significant reform of the organisation of the courts since the foundation of the state. It leads to the establishment of the Courts Service. She is on the Interim Board of the Court Service and serves on the Board of the Court Service from its inception, and chairs the board from 2001 to 2004. She chairs the Committee on Court Practice and Procedure which recommends in 2002 the establishment of a commercial court within the High Court.

From 2006, Denham chairs the Working Group on a Court of Appeal. The report of the group is published by the government in August 2009 and recommends the establishment of a general Court of Appeal. This is ultimately established in 2014, after a referendum in 2013.

Denham is part of the Irish delegation which, with the Netherlands and Belgium, establishes the European Network of Councils for the Judiciary (ENCJ) and she continues an involvement in this Network. From January 1, 2015 to December 31, 2016, she is President of the Network of the Presidents of the Supreme Judicial Courts of the European Union which is an association of Supreme Court Presidents and Chief Justices of EU Member States.

Denham writes the judgment in McD v. L (2009), upholding the parental rights of a sperm donor.

On July 4, 2011, Denham is nominated by Taoiseach Enda Kenny to become Chief Justice of Ireland, and is appointed as Chief Justice by President Mary McAleese on July 25, 2011. She is the first woman appointed to the office and as a member of the Church of Ireland, she is the first non-Catholic to hold the position. She is also the first graduate of Trinity College Dublin to have been appointed as Chief Justices have largely been graduates of University College Dublin. She succeeds John L. Murray.

During Denham’s tenure as Chief Justice, the Supreme Court issues suspended declarations of unconstitutionality for the first time. The possibility to delay the effect of a court declaration that a piece of legislation is contrary to the Constitution is first explored by Denham in A v Governor of Arbour Hill Prison. The court first adopts this approach in N.V.H. v Minister for Justice & Equality in May 2017.

As Chief Justice, Denham oversees changes in the operations of the Supreme Court and the courts generally. She oversees the removal of the requirement for judges to wear wigs while hearing cases. In 2015, the Supreme Court sits outside Dublin for the first time since 1931, sitting in Cork. She corresponds with the Office of Public Works over the lack of heating in the Four Courts, threatening to cancel sittings if the issue is not resolved. She advocates for the inclusion of a new courtroom for the Supreme Court in plans to develop a new family court complex on Hammond Lane.

In her capacity as Chief Justice, Denham oversees the administration of the Presidential Declaration of Office at the inauguration of President Michael D. Higgins in Dublin Castle in November 2011.

Denham retires from the position in July 2017, and is succeeded by Judge Frank Clarke. She is the third-longest serving Supreme Court judge ever at the time of her retirement. In her remarks on her retirement, she draws attention to the government’s failure to institute a judicial council, having first attempted to persuade the government to establish one in 1997.

In 2019, Denham is made an honorary fellow of Trinity College Dublin, where she was a Pro-Chancellor from 1996-2010.

The Courts Service announces on August 24, 2020 that the Supreme Court has appointed Denham to review the attendance of Supreme Court judge Séamus Woulfe at a dinner organised by the Oireachtas Golf Society. She is appointed on a non-statutory basis as the relevant section in the Judicial Council Act 2019 on judicial conduct has not yet been commenced.


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Resignation of Attorney General Patrick Connolly

Patrick James Connolly, Irish barrister who serves as Attorney General of Ireland from March 1982 to August 1982, resigns on August 17, 1982, after Malcolm McArthur, wanted for, and later convicted of murder is found to be his house guest. The fallout from the incident leads to one of the most famous acronyms in Irish politics.

Connolly is born on May 25, 1927, the elder of the two sons of a headmaster and a teacher in Fingal, County Dublin. He is educated at St. Joseph’s College, University College Dublin and the King’s Inns, after which he is called to the Bar in 1949. His practice, which focuses on personal injury cases, is widely successful. On March 9, 1982, Taoiseach Charles Haughey names him as Attorney General of Ireland.

Connolly resigns on August 17, 1982 after Malcolm MacArthur, who had been a house-guest of Connolly’s, is arrested for murder. MacArthur, the domestic partner of Connolly’s friend Brenda Little, had committed a horrific double murder in the midst of a botched carjacking and robbery in 1982. Though Connolly is not implicated in the murder and is completely unaware of McArthur’s activities, he is forced to resign at midnight the night of MacArthur’s arrest and never again serves in government.

The much reviled, and correspondingly much loved Taoiseach, Charles Haughey, describes the incident as “a bizarre happening, an unprecedented situation, a grotesque situation, an almost unbelievable mischance.” Conor Cruise O’Brien, one of Haughey’s political opponents who despises the most corrupt Taoiseach in Irish history coins the phrase GUBU – Grotesque, Unprecedented, Bizarre, Unbelievable – to describe not just what happened but Haughey’s overall response.

Connolly returns to practice at the Irish bar and to work as a senior counsel in Dublin. A life-long bachelor, he dies at the age of 88 on January 7, 2016. Though he never marries, he has a very close relationship with his extended family, including his nephew and two nieces who speak at his funeral Mass. He is buried in Deans Grange Cemetery.


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Enactment of the Papist Act 1778

The Papists Act 1778, an Act of the Parliament of Great Britain, is enacted on August 14, 1778, and grants rights of leasing and inheritance to those who have taken the oath of allegiance, the first rolling back of the Penal Laws and the first Act for Roman Catholic relief. Later in 1778 it is also enacted by the Parliament of Ireland.

Before the Act, a number of “Penal laws” had been enacted in Britain and Ireland, which varied between the jurisdictions from time to time but effectively excluded those known to be Roman Catholics from public life.

By this Act, an oath is imposed, which besides a declaration of loyalty to the reigning sovereign, contains an abjuration of the Pretender, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the Pope has temporal as well as spiritual jurisdiction in Great Britain.

Those taking this oath are exempted from some of the provisions of the Popery Act 1698. Although it does not grant freedom of worship, it allows Catholics to join the army and purchase land if they take an oath of allegiance. The section as to taking and prosecuting priests is repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics are also enabled to inherit and purchase land, nor is an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his “papist” kinsman.

The passing of this act is the occasion of the Gordon Riots (1780) in which the violence of the mob is especially directed against William Murray, 1st Earl of Mansfield, who had objected to various prosecutions under the statutes now repealed.

This Act remains on the statute book until it is repealed by the Promissory Oaths Act 1871.

(Pictured: The royal coat of arms of Great Britain, 1714-1801, used by King George I, George II and George III)


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The Irish Church Act 1869 Receives Royal Assent

The Irish Church Act 1869 receives British royal assent on July 26, 1869. The Act is an act of the Parliament of the United Kingdom which separates the Church of Ireland from the Church of England and disestablishes the former, a body that commands the adherence of a small minority of the population of Ireland. The Act is passed during the first ministry of William Ewart Gladstone and comes into force on January 1, 1871. It is strongly opposed by Conservatives in both houses of Parliament.

The Act means the Church of Ireland is no longer entitled to collect tithes from the people of Ireland. It also ceases to send representative bishops as Lords Spiritual to the House of Lords in Westminster. Existing clergy of the church receive a life annuity in lieu of the revenues to which they are no longer entitled: tithes, rentcharge, ministers’ money, stipends and augmentations, and certain marriage and burial fees.

The passage of the Bill through Parliament causes acrimony between the House of Commons and the House of Lords. Queen Victoria personally intervenes to mediate. While the Lords extort from the Commons more compensation to alleviate the disestablished churchmen, in the end, the will of the Commons prevail.

The Irish Church Act is a key move in dismantling the Protestant Ascendancy which had dominated Ireland for several centuries previously.


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Birth of John Philpot Curran, Orator, Politician, Lawyer & Judge

John Philpot Curran, Irish orator, politician, wit, lawyer and judge, who holds the office of Master of the Rolls in Ireland, is born in Newmarket, County Cork, on July 24, 1750.

Curran is the eldest of five children of James Curran, seneschal of the Newmarket manor court, and Sarah, née Philpot. The Curran family are said to have originally been named Curwen, their ancestor having come from Cumberland as a soldier under Oliver Cromwell during the Cromwellian conquest of Ireland, originally settling in County Londonderry.

Curran is educated at Midleton College, County Cork, before studing law at Trinity College Dublin. He continues his legal studies at King’s Inns and the Middle Temple. He is called to the Irish Bar in 1775. Upon his first trial, his nerves get the better of him and he cannot proceed. His short stature, boyish features, shrill voice and a stutter are said to have impacted his career, and earn him the nickname “Stuttering Jack Curran.”

However, Curran can speak passionately in court on subjects close to his heart. He eventually overcomes his nerves and gets rid of his speech impediment by constantly reciting Shakespeare and Bolingbroke in front of a mirror, becoming a noted orator and wit. His championing of popular Irish causes such as Catholic emancipation make him one of the most popular lawyers in Ireland. He is also fluent in the Irish language which is still the language of the majority at the time. He writes a large amount of humorous and romantic poetry.

The case which cements Curran’s popularity is that of Father Neale and St. Leger St. Leger, 1st Viscount Doneraile at the County Cork Assizes in 1780. Having a passion for lost causes, he represents the priest and wins over the jury by setting aside the issue of religion.

A liberal Protestant whose politics are similar to Henry Grattan, Curran employs all his eloquence to oppose the illiberal policy of the Government, and also the Union with Britain. He stands as Member of Parliament (MP) for Kilbeggan in 1783. He subsequently represents Rathcormack (1790-98) and Banagher from 1800 until the Act of Union in 1801, which bitterly disappoints him, forcing him to contemplate emigrating to the United States.

In 1798, Ireland rebels against the British House of Commons and lack of reforms on Catholic emancipation. The British defeat the Irish rebels in numerous battles and soon establish their control over the country by 1799. Many of the Irish ring leaders are charged with treason and are facing death sentences. Curran plays an important role in court defending the leaders of the United Irishmen.

Curran’s youngest daughter Sarah‘s romance with United Irishmen leader Robert Emmet scandalises Curran, who had tried to split them up. He is arrested and agrees to pass their correspondence on to Standish O’Grady, 1st Viscount Guillamore, the Attorney-General for Ireland. In the circumstances he cannot defend Emmet. He is suspected of involvement in Emmet’s Rebellion, but is completely exonerated. However, his friend Arthur Wolfe, 1st Viscount Kilwarden, is killed by the rebels, and he loses any faith in the beliefs of the United Irishmen. Emmet is found guilty of rebelling against the Crown and the union between Great Britain and Ireland and is hanged in 1803. Curran disowns Sarah, who dies of tuberculosis five years later.

Curran is appointed Master of the Rolls in Ireland in 1806, following William Pitt the Younger‘s replacement by a more liberal cabinet.

Curran retires in 1814 and spends his last three years in London. He dies in his home in Brompton on October 14, 1817. In 1837, his remains are transferred from Paddington Cemetery, London to Glasnevin Cemetery in Dublin, where they are laid in an 8-foot-high classical-style sarcophagus. In 1845 a white marble memorial to him, with a carved bust by Christopher Moore, is placed near the west door of St. Patrick’s Cathedral, Dublin.


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Birth of Sir Maziere Brady, 1st Baronet & Lord Chancellor of Ireland

Sir Maziere Brady, 1st Baronet, PC (Ire), Irish judge, notable for his exceptionally long, though not particularly distinguished tenure as Lord Chancellor of Ireland, is born on July 20, 1796.

Brady is born on Parliament Street, Dublin, the second son of Francis Tempest Brady of Booterstown, a manufacturer of gold and silver thread, and his wife Charlotte Hodgson, daughter of William Hodgson of Castledawson, County Londonderry. He is baptised at St. Werburgh’s Church, Dublin. He is the brother of Sir Nicholas Brady, Lord Mayor of Dublin, and uncle of the eminent ecclesiastical historian William Maziere Brady.

The Bradys are an old and distinguished Munster family who are particularly associated with the town of Bandon, County Cork. Probably the most celebrated of his ancestors is the poet and psalmist Nicholas Brady (1659–1726), who collaborated with Nahum Tate, the Poet Laureate, on New Version of the Psalms of David.

Other notable forebears include Hugh Brady, the first Protestant Bishop of Meath (d. 1584), his father-in-law Robert Weston who, like Maziere serves as Lord Chancellor of Ireland, and the judge and author Luke Gernon (d. 1672), who is now best remembered for his work A Discourse of Ireland (1620), which gives a detailed and (from the English colonial point of view) not unsympathetic picture of the state of Ireland in 1620.

Brady is educated at Trinity College Dublin, and takes his Bachelor of Arts degree in 1816. He enters the Middle Temple in 1816, is called to the Bar in 1819 and becomes King’s Counsel in 1835.

In politics Brady is a Liberal and supports Catholic emancipation. He sits on a commission of inquiry into Irish municipal corporations in 1833. He is appointed Solicitor-General for Ireland in 1837 and Attorney-General for Ireland the following year. In 1840 he is appointed Lord Chief Baron of the Irish Exchequer. In 1846 he is appointed Lord Chancellor of Ireland and serves in that office, with short intervals, for the next 20 years. He retires in 1866 and is made a baronet, of Hazelbrook in the County of Dublin, in 1869. His appointment ends the practice which grew after the Acts of Union 1800 of appointing only English lawyers as Lord Chancellor of Ireland. He sits on the Government Commission on Trinity College Dublin in 1851, and is nominated as Vice-Chancellor of Queen’s University Belfast in 1850. All through his life he shows a keen interest in education.

According to Elrington Ball, Brady’s Lord Chancellorship is notable for its length but for nothing else. Ball calls him “a good Chief Baron spoiled to make a bad Chancellor.” By general agreement he had been an excellent Chief Baron of the Exchequer, having a reputation for being fair-minded, courteous and approachable, but in Ball’s view the more onerous (and partly political) office of Lord Chancellor is beyond his capacity. Unlike some judges whose training had been in the common law, he never quite masters the separate code of equity. Delaney takes a somewhat more favourable view of Brady as Lord Chancellor, arguing that while his judgements do not show any great depth of learning they do show an ability to identify the central issue of any case and to apply the correct legal principle to it.

An anonymous pamphlet from 1850, which is highly critical of the Irish judiciary in general, describes Brady as being unable to keep order in his Court, and easily intimidated by counsel, especially by that formidable trio of future judges, Jonathan Christian, Francis Alexander FitzGerald, and Abraham Brewster. The author paints an unflattering picture of Brady as sitting “baffled and bewildered” in a Court where he is “a judge but not an authority.” On the other hand, Jonathan Christian, who had often clashed with Brady in Court, later praises him as “no ordinary man” despite his shortcomings as a judge. He describes him as “independent-minded, patriotic, natural and unaffected.”

Brady is a founder member of the Stephen’s Green Club and a member of the Royal Dublin Society and the Royal Irish Academy. In addition to the arts he shows a keen interest in science, especially after his retirement. Like most judges of the time he has both a town house in central Dublin and a place some distance from the city centre. His country house is Hazelbrook, Terenure, Dublin. He changes his town house several times, settling finally in Pembroke Street.

Brady marries firstly Elizabeth Anne Buchanan, daughter of Bever Buchanan, apothecary of Dublin, and his wife Eleanor Hodgson, in 1823 and they have five children. Elizabeth dies in 1858. In 1860, Brady marries Mary Hatchell, daughter of John Hatchell, Attorney-General for Ireland and Elizabeth Waddy, who survives him. He dies at his house in Pembroke Street on April 13, 1871. He is buried in Mount Jerome Cemetery.


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Birth of Brian Hutton, Lord Chief Justice of Northern Ireland

James Brian Edward Hutton, Baron Hutton, PC, a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary, is born in Belfast, Northern Ireland, on June 29, 1932.

Hutton is the son of a railways executive. He wins a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to study at Queen’s University Belfast and becoming a barrister, being called to the Bar of Northern Ireland in 1954. He begins working as junior counsel to the Attorney General for Northern Ireland in 1969.

Hutton becomes a Queen’s Counsel in 1970. From 1979 to 1989, as Sir Brian Hutton, he is a High Court judge. In 1989, he becomes Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary on January 6, 1997. He is consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down.

On March 30, 1994, as Lord Chief Justice of Northern Ireland, Hutton dismisses Private Lee Clegg‘s appeal against his controversial murder conviction. On March 21, 2002 he is one of four Law Lords to reject David Shayler‘s application to use a “public interest” defence as defined in section 1 of the Official Secrets Act 1989 at his trial.

Hutton represents the Ministry of Defence at the inquest into the killing of civil rights marchers on “Bloody Sunday.” Later, he publicly reprimands Major Hubert O’Neil, the coroner presiding over the inquest, when the coroner accuses the British Army of murder, as this contradicts the findings of the Widgery Tribunal.

Hutton also comes to public attention in 1999 during the extradition proceedings of former Chilean dictator General Augusto Pinochet. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords, the UK’s highest court, decide by a 3-2 majority that Pinochet is to be extradited to Spain. The verdict is then overturned by a panel of seven Law Lords, including Hutton, on the grounds that Lord Lennie Hoffmann, one of the five Law Lords, has links to human rights group Amnesty International which had campaigned for Pinochet’s extradition.

In 1978, Hutton defends the UK at the European Court of Human Rights in the case of Ireland v United Kingdom, when the court decides that the interrogation techniques used were “inhuman and degrading” and breached the European Convention on Human Rights, but do not amount to “torture.” The court also finds that the practice of internment in Northern Ireland had not breached the Convention. He sentences ten men to 1,001 years in prison on the word of “supergrass” informer Robert Quigley, who is granted immunity in 1984.

Hutton is appointed by Tony Blair‘s government to chair the inquiry on the circumstances surrounding the death of scientist David Kelly. The inquiry commences on August 11, 2003. Many observers are surprised when he delivers his report on January 28, 2004 and clears the British Government in large part. His criticism of the BBC is regarded by some as unduly harsh with one critic commenting that Hutton had given the “benefit of judgement to virtually everyone in the government and no-one in the BBC.” In response to the verdict, the front page of The Independent newspaper consists of one word, “Whitewash?”

Peter Oborne writes in The Spectator in January 2004: “Legal opinion in Northern Ireland, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton’s fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA terrorist suspects when he was a judge in the Diplock era.”

Hutton retires as a Law Lord on January 11, 2004. He remains a member of the House of Lords until retiring under the House of Lords Reform Act 2014 on April 23, 2018.

Hutton dies at the age of 88 on July 14, 2020.


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Death of Fionán Lynch, Revolutionary, Barrister, Politician & Judge

Fionán (Finian) Lynch, Irish revolutionary, barrister, politician and judge, dies on June 3, 1966 in Dartry, a small suburb of Dublin.

Lynch is born on March 17, 1889 in Cahersiveen, County Kerry, the fourth son of Finian Lynch of Kilmakerin, Cahersiveen, a national teacher, and Ellen Maria Lynch (née McCarthy). Educated at St. Brendan’s College, Killarney, Rockwell College, County Tipperary, and Blackrock College, Dublin. He has plans to study medicine, but in 1907, when he is 18 years old, his father dies and he does not have the money to pursue this career path. He becomes a teacher in Swansea, south Wales, where he forms a branch of the Gaelic League and teaches the Irish language.

Lynch returns to Ireland in 1909, where he starts training as a teacher in St Patrick’s College, Dublin. He graduates in 1911 as a primary school teacher. In April 1912 he begins working as a national schoolteacher at St. Michan’s School, Dublin, becomes an active member of the Keating branch of the Gaelic League, and is recruited into the Irish Republican Brotherhood (IRB) by Seán Mac Diarmada. He also joins the Irish Volunteers in 1913, and becomes captain of F Company, 1st Battalion, Dublin Brigade. With Piaras Béaslaí he founds Na hAisteoirí, a drama company dedicated to the production of plays in Irish, with many of its members fighting during the 1916 Easter Rising. In the months before the rising Lynch temporarily stands down from the Volunteers after his school manager tells him he will be sacked if he does not. Learning that a rising was imminent, he rejoins the Volunteers, and over the Easter weekend commands the detachment that guards Bulmer Hobson to prevent him from interfering with Volunteer mobilisation. During the rising he is involved in heavy fighting in the North King Street area and is subsequently imprisoned.

Held at Lewes Prison, Lynch is released under the general amnesty. In August 1916 he is reimprisoned for making an inflammatory speech, and in September leads the Mountjoy Prison hunger strike with Austin Stack and Thomas Ashe. He is released in November following a further hunger strike at Dundalk prison. He is imprisoned again in May 1918 on the same charge during the ‘German Plot’ allegations and is released in August 1919, after which he helps to plan the escape of other prisoners.

Elected a Sinn Féin TD for South Kerry in December 1918 and for Kerry–Limerick West in May 1921, Lynch serves as assistant secretary to the Anglo-Irish Treaty delegation in London (October–December 1921), where he is largely responsible for organising the living arrangements at the two Irish headquarters. A supporter of the treaty, he addresses Pro-Treaty rallies with Michael Collins, and from January to August 1922 is Minister for Education with the Provisional Government, at the same time as Michael Hayes is Minister for Education for Dáil Éireann. Possible conflict is avoided by the pragmatic division of duties, under which Hayes takes responsibility for intermediate and higher education, and Lynch for primary education. It is also left to Lynch to clarify the relationship between the new Provisional Government and the board of commissioners of intermediate education, which is not abolished until 1923. These developments, however, are overshadowed by the beginning of the Irish Civil War, where military considerations take precedence over civic responsibilities.

Required to serve in the army, in July 1922 Lynch is appointed a vice-commandant of the south-western division with the rank of commandant-general, commanding a unit of Dublin soldiers in County Kerry, where on occasion he has to endure being ambushed, leading a fellow commandant to note ironically that his constituents do not seem to think much of him. However, the reluctance of former colleagues to attack him possibly ensure his survival during the war. Frank Henderson of Dublin’s No. 1 brigade of the Irish Republican Army (IRA) tells Ernie O’Malley of his reluctance to become involved in reprisal shootings after Free State executions, commenting, “I didn’t like that order. I could have shot Eamonn Duggan and Fionán Lynch, for they went home every night drunk, but I left them alone.”

After the Irish Civil War Lynch is elected a Cumann na nGaedheal TD for Kerry, a seat he holds until 1937, after which he represents the constituency of Kerry South (1937–44). He serves as Minister for Fisheries (1922–28) and Minister for Lands and Fisheries (1928–32), and retains his interest in education. He supports the Irish National Teachers Organisation policy on the Irish language during the 1920s, commenting that he is entirely opposed to attempting to teach subjects through Irish where Irish is not the known language.

In 1931 Lynch qualifies as a barrister. After Fianna Fáil comes to power and during the rise of the Blueshirts he speaks at public meetings with Eoin O’Duffy, and they are attacked by a crowd in Tralee in October 1933. After the fall of O’Duffy and the reorganisation of Fine Gael, W. T. Cosgrave appoints a front bench designed to represent the various groups in the party, which witness former ministers, including Desmond FitzGerald, Patrick Hogan, and Lynch, relegated to the back benches. Lynch serves as Leas-Cheann Comhairle of the Dáil (1938–39). Having built up a legal practice, he retires from politics in October 1944 and is subsequently appointed a circuit court judge in the north-west district, retiring from the bench in 1959.

Lynch dies suddenly at his home in Dartry, County Dublin, on June 3, 1966, shortly after celebrating the 50th anniversary of the Easter Rising. He is survived by his wife Brighid (née Slattery), a native of Tralee, and by their five sons and one daughter. His papers are on permanent loan to Kerry County Library archives.

(From: “Lynch, Fionán (Finian)” by Diarmaid Ferriter, Dictionary of Irish Biography, http://www.dib.ie)


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Birth of Timothy Michael Healy, Politician, Journalist, Author & Barrister

Timothy Michael “Tim” Healy, Irish nationalist politician, journalist, author, barrister, and one of the most controversial Irish Members of Parliament (MPs) in the House of Commons of the United Kingdom of Great Britain and Ireland, is born in Bantry, County Cork on May 17, 1855.

Healy is the second son of Maurice Healy, clerk of the Bantry Poor Law Union, and Eliza Healy (née Sullivan). His elder brother, Thomas Healy (1854–1924), is a solicitor and Member of Parliament (MP) for North Wexford and his younger brother, Maurice Healy (1859–1923), with whom he holds a lifelong close relationship, is a solicitor and MP for Cork City.

Healy’s father is transferred in 1862 to a similar position in Lismore, County Waterford. He is educated at the Christian Brothers school in Fermoy, and is otherwise largely self-educated, in 1869, at the age of fourteen, he goes to live with his uncle Timothy Daniel Sullivan in Dublin.

Healy then moves to England in 1871, working first as a railway clerk and then from 1878 in London as parliamentary correspondent of The Nation, writing numerous articles in support of Charles Stewart Parnell, the newly emergent and more militant home rule leader, and his policy of parliamentary obstructionism. Healy takes part in Irish politics and becomes associated with Parnell and the Irish Parliamentary Party. After being arrested for intimidation in connection with the Irish National Land League, he is promptly elected as member of Parliament for Wexford Borough in 1880.

In Parliament, Healy becomes an authority on the Irish land question. The “Healy Clause” of the Land Law (Ireland) Act 1881, which protects tenant farmers’ agrarian improvements from rent increases imposed by landlords, not only makes him popular throughout nationalist Ireland but also wins his cause seats in Protestant Ulster. He breaks with Parnell in 1886 and generally remains at odds with subsequent leaders of the Irish Parliamentary Party, though he is a strong supporter of proposals for Irish Home Rule. Meanwhile, he is called to the Irish bar in 1884 and becomes a queen’s counsel in 1899.

Dissatisfied with both the Liberals and the Irish Nationalists after the Easter Rising in 1916, Healy supports Sinn Féin after 1917. He returns to considerable prominence in 1922 when, on the urging of the soon-to-be Irish Free State‘s Provisional Government of W.T. Cosgrave, the British government recommends to King George V that Healy be appointed the first “Governor-General of the Irish Free State,” a new office of representative of the Crown created in the 1921 Anglo-Irish Treaty and introduced by a combination of the Irish Free State Constitution and Letters Patent from the King.

Healy believes that he has been awarded the Governor-Generalship for life. However, the Executive Council of the Irish Free State decides in 1927 that the term of office of Governors-General will be five years. As a result, he retires from the office and public life in January 1928 and publishes his extensive two volume memoirs later in that year. Throughout his life he is formidable because he is ferociously quick-witted, because he is unworried by social or political convention, and because he knows no party discipline. Towards the end of his life he becomes more mellowed and otherwise more diplomatic.

Healy dies on March 26, 1931, at the age of 75, in Chapelizod, County Dublin. He is buried in Glasnevin Cemetery in Dublin.


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin, and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats, but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”