Cook is born to Francis John Granville Cook and Jocelyn McKay (née Stewart) in Leicester, England. As a child, he moves to Northern Ireland with his parents and sisters after his father is appointed headmaster of Campbell College in 1954.
Cook works as a solicitor, eventually becoming a senior partner at Sheldon and Stewart Solicitors.
In 1970, Cook is a founder member of the Alliance Party of Northern Ireland, a nonsectarian party, while he is elected to the party’s Central Executive in 1971.
Cook is elected to Belfast City Council in 1973, a position he holds until 1985. In 1978, he becomes the first non-Unionist Lord Mayor of Belfast since William James Pirrie, a Home RuleLiberal, in 1896–1898.
In 1994, Cook becomes the Chairman of the Police Authority of Northern Ireland, but he is sacked from this role in 1996 after losing a vote of confidence. After a critical account of his role in an internal row in that authority appears in newspapers in 1998, he undertakes a lengthy libel case which is ultimately settled out of court. He subsequently sits on the Craigavon Health and Social Services Trust.
On September 20, 2020, it is announced that Cook has died after being diagnosed with COVID-19 during the pandemic. According to his family, he dies on September 19, 2020, at Craigavon Area Hospital. He had had a stroke two years earlier. He is survived by his wife Fionnuala, his sisters Alison and Nora, his daughter Barbary, his sons John, Patrick, Julius, and Dominic, and his granddaughters Romy and Imogen.
Healy is one of twins, the third son born to Maurice, a Poor Law Union clerk, and Eliza (née Sullivan) Healy. His mother dies during the birth. It is said that the nurse places him in his brother Tim‘s arms and said, “This little boy has no mother now and you will have to be a mother to him.” As he grows up, he becomes very close to his elder brother. The orphaned children are effectively raised by their maternal grandmother, Jane Sullivan. The family moves to Lismore, County Waterford, where he is educated at the local Christian Brothers school. Both brothers marry Sullivans who are first cousins to their husbands and to each other.
Admitted as a solicitor in 1882, Healy practises as such and is returned to parliament four times, first as a member of the Irish Parliamentary Party for Cork City from 1885 to 1900, in which year standing as a Healyite nationalist he is defeated by William O’Brien in a bitter campaign. He is returned again for Cork City in May 1909 to January 1910.
Healy’s force in parliament is land law. He is a close confidant of his brother Tim and although more retiring and stolid than his better-known elder brother, he is considered the more intelligent and often acts as a counterbalance to his brother’s emotionality. On the outbreak of World War I in 1914 a son of each enlists in one of the Irish Divisions.
Maurice (junior) moves to England after the founding of the Irish Free State where he is both a successful lawyer and a broadcaster for the BBC during the early years of World War II. He writes the well-known legal memoir The Old Munster Circuit and the popular Stay Me with Flagons: A Book about Wine and Other Things.
Mary Irvine, Irish judge who is the President of the Irish High Court between 2020 and 2022, is born on December 10, 1956, in Clontarf, Dublin. She first practiced as a barrister. She is a judge of the High Court between 2007 and 2014, a judge of the Court of Appeal from 2014 to 2019 and serves as a judge of the Supreme Court of Ireland from May 2019 until becoming President of the High Court on June 18, 2020. In addition to being the first woman to hold that position, she is the first judge to have held four judicial offices. She is an ex officio member of the Supreme Court and the Court of Appeal.
Irvine is born to John and Cecily Irvine, her father once being deputy director of RTÉ. She is educated at Mount Anville Secondary School, University College Dublin (UCD) and the King’s Inns. She is an international golf player, winning the Irish Girls Close Championship in 1975.
Irvine’s practice also extends to constitutional law. As a junior counsel, she represents the plaintiff in Cahill v. Sutton in 1980 in the Supreme Court with seniors Niall McCarthy and James O’Driscoll. The case establishes the modern Irish law of standing for applicants to challenge the constitutional validity of statutes. She appears with Peter Kelly to argue on behalf the right of the unborn in a reference made by President of IrelandMary Robinson under Article 26 of the Constitution to the Supreme Court in 1995 regarding the Information (Termination of Pregnancies) Bill 1995.
Irvine is appointed as a Judge of the High Court in June 2007. She is in charge of the High Court Personal Injuries list from 2009 to 2014 and subsequently becomes the second Chair of the Working Group on Medical Negligence and Periodic Payments, established by the President of the High Court.
Irvine is appointed to Court of Appeal on its establishment in October 2014. Some of her judgments on the Court of Appeal reduce awards given by lower courts for personal injuries compensation. She writes “most of the key” Court of Appeal judgments between 2015 and 2017 which have the effect of reducing awards arising from subsequent actions in the High Court.
Irvine is appointed to chair a statutory tribunal to conduct hearings and deal with cases related to the CervicalCheck cancer scandal in 2019. However, following her appointment as President of the High Court in 2020, she is unable to continue with the position.
On April 4, 2019, Irvine is nominated by the Government of Ireland as a Judge of the Supreme Court. She is appointed by the President of Ireland, Michael D. Higgins, on May 13, 2019. She writes decisions for the court in appeals involving planning law, the law of tort, intellectual property law, judicial review, and chancery law.
Irvine is appointed by Chief Justice Frank Clarke in 2019 to chair the Personal Injuries Guidelines Committee of the Judicial Council. The purpose of the committee is to review the levels of compensation issues in court cases arising out of personal injuries. Minister of State at the Department of FinanceMichael W. D’Arcy writes a letter to congratulate her on her appointment and outlines his views that personal injuries awards in Ireland should be “recalibrated.” She responds to the letter by saying it is the not the committee’s duty to tailor its findings “in a manner favourable to any particular interest group.”
Following a cabinet meeting on June 12, 2020, it is announced that Irvine will be nominated to succeed Peter Kelly as President of the High Court. A three-person panel consisting of the Chief Justice Frank Clarke (later substituted by George Birmingham), the Attorney GeneralSéamus Woulfe and a management consultant, Jane Williams, reviews applications for the position, before making recommendations to cabinet. The President of the Law Society of Ireland welcomes her appointment, describing her as an “outstandingly able judge.” She is the first woman to hold the role. As she is previously an ordinary judge of three courts, her appointment as President of the High Court makes her the first person to have held four judicial offices. She is appointed on June 18, 2020, and makes her judicial declaration on June 19.
Irvine takes over as president in the midst of the COVID-19 pandemic in the Republic of Ireland. She issues guidelines for lawyers to negotiate personal injuries cases outside of court due to the backlog formed by delays in hearings. She issues a practice direction in July 2020 that face coverings are to be worn at High Court hearings. She criticises barristers and solicitors in October 2020 for not wearing masks in the Four Courts.
In Irvine’s first week as president, she presides over a three-judge division of the High Court in a case taken by a number of members of Seanad Éireann. The plaintiffs seek a declaration that the Seanad should sit even though the nominated members of Seanad Éireann have not been appointed. The court refuses the relief and finds for the State. In 2021, she also presides over a three-judge division on a Seanad Éireann voting rights case, where the plaintiff argues for the extension of voting rights to graduates of all third-level educational institutions and the wider population. The court finds against the plaintiff.
Irvine continues to sit in the Supreme Court following her appointment.
In April 2022, Irvine announces her intention to retire in July 2022. She retires on July 13, 2022, and is succeeded by David Barniville.
Irvine is formerly married to retired judge Michael Moriarty, with whom she has three children. Her only known son, Mark Moriarty, dies suddenly on August 19,2022.
(Pictured: Justice Mary Irvine with the President of Ireland, Michael D. Higgins, on her appointment on the Supreme Court in 2019)
Known principally for his contribution to Ulster politics at local level, Armstrong serves as JP and is appointed High Sheriff of Armagh for 1875 and High Sheriff of Longford for 1894. He is a County Councillor for Armagh from 1899 to 1920, and a Member of the Irish Convention in 1917–18. Vice-Lieutenant of County Armagh in 1920, he is a Senator of Queen’s University Belfast from 1920 to 1937.
Armstrong is returned unopposed to the Imperial House of Commons for Mid-Armagh in the 1921 Mid Armagh by-election, at the advanced age of 76, becoming one of the oldest first-time MPs whose birth date is recorded. Certainly, he immediately becomes the oldest member of the current House of Commons. He is a Senator of Northern Ireland from 1921 to 1937, and Lord Lieutenant of Armagh from 1924 to 1939. For twenty-five years he is a member of the Representative Body of the Church of Ireland. He is Chairman of the County Armagh Education Committee from 1925 to 1931, and President of the Association of Education Committees of Northern Ireland. In 1932, he is made a Privy Councillor for Northern Ireland, and in 1938 he serves as a Justice for the Government of Northern Ireland in the absence of the Governor.
In his later years, Armstrong provides financial support for Jewish refugees fleeing Nazi-occupied Europe.
In 1883, Armstrong marries Margaret Leader, daughter of William Leader of Rosnalea, County Cork. They have five sons and three daughters, of whom C. W. Armstrong also becomes a politician.
Armstrong dies at his home in Dean’s Hill, Armagh, on December 4, 1943, at the age of 99 years.
Emmett is born in the Hammond’s Marsh area of Cork, County Cork, on April 24, 1764, the son of Dr. Robert Emmet from County Tipperary (later to become State Physician of Ireland) and Elizabeth Mason of County Kerry, both of whose portraits are today displayed at Cork’s Crawford Art Gallery. He is the elder brother of Robert Emmet, who is executed for leading the Irish Rebellion of 1803, becoming one of Ireland’s most famous republican martyrs. His sister, Mary Anne Holmes, holds similar political beliefs.
Emmet is a man of liberal political sympathies and becomes involved with a campaign to extend the democratic franchise for the Irish Parliament and to end discrimination against Catholics. He is called to the Irish bar in 1790 and quickly obtains a practice, principally as counsel for prisoners charged with political offenses. He also becomes the legal adviser of the Society of the United Irishmen.
When the Dublin Corporation issues a declaration of support of the Protestant Ascendancy in 1792, the response of the United Irishmen is their nonsectarian manifesto which is largely drawn up by Emmet. In 1795 he formally takes the oath of the United Irishmen, becoming secretary in the same year and a member of the executive in 1797. As by this time the United Irishmen had been declared illegal and driven underground, any efforts at peaceful reform of government and Catholic emancipation in Ireland are abandoned as futile, and their goal is now the creation of a non-sectarian Irish republic, independent from Britain and to be achieved by armed rebellion. Although Emmet supports this policy, he believes that the rebellion should not commence until French aid has arrived, differing from more radical members such as Lord Edward FitzGerald.
British intelligence infiltrates the United Irishmen and manages to arrest most of their leaders on the eve of the rebellion. Though not among those taken at the house of Oliver Bond on March 12, 1798, Emmet is arrested about the same time and is one of the leaders imprisoned initially at Kilmainham Gaol and later in Scotland at Fort George until 1802. Upon his release he goes to Brussels where he is visited by his brother Robert in October 1802 and is informed of the preparations for a fresh rising in Ireland in conjunction with French aid. However, at that stage France and Britain are briefly at peace, and the Emmets’ pleas for help are turned down by Napoleon.
Emmet receives news of the failure of his brother’s rising in July 1803 in Paris, where he is in communication with Napoleon. He then emigrates to the United States and joins the New York bar where he obtains a lucrative practice.
After the death of Matthias B. Hildreth, Emmet is appointed New York State Attorney General in August 1812 but is removed from office in February 1813 when the opposing Federalist Party obtains a majority in the Council of Appointment.
Sullivan, the second of six sons of Daniel Sullivan, house painter, and his wife, Catherine (née Baylor), a teacher, is born on May 15, 1829, in Bantry, County Cork. A popular date for Sullivan’s birth appears in many histories as 1830, but his gravestone reads 1829. He is educated in the local national school. One of his brothers is Timothy Daniel Sullivan, the Lord Mayor of Dublin from 1886 to 1888.
During the Great Famine of 1845 to 1847, Sullivan is employed as a clerk in connection with the relief works started by the government. Deeply influenced by the distress he witnesses, he afterward joins the Confederate Club formed in Bantry in support of the revolutionary movement of the Young Irelanders and is the organiser of the enthusiastic reception given by the town to William Smith O’Brien in July 1848 during the insurgent leader’s tour of the southern counties. Early in 1853, he goes to Dublin to seek employment as an artist. An exhibition of the arts and industries of Ireland is held in Dublin that year, and he is engaged to supply pencil sketches to the Dublin Expositor, a journal issued in connection with the exhibition. Subsequently, he obtains a post as a draughtsman in the Irish valuation office, and afterward as a reporter on the Liverpool Daily Post.
In 1855, Sullivan becomes assistant editor of The Nation, and subsequently editor and proprietor. From 1861 to 1884, in conjunction with his elder brother, T. D. Sullivan, he makes The Nation one of the most potent factors in the Irish Nationalist cause and also issues the Weekly News and Zozimus. Called to the Irish bar in 1876, he is a “special call” of the Inner Temple in 1877 and is made QC in 1881. He mainly practices at the English bar, though he acts in some political cases in Ireland.
As a member of the Dublin Corporation, Sullivan secures a magnificent site for the Grattan Monument, toward which he donates £400, the amount of a subscription by his admirers while he is undergoing imprisonment for a political offence in 1868. The monument is formally unveiled in January 1876. Between 1878 and 1882 he is engaged in many notable trials. His last great case is on November 30, 1883, when he is a colleague of Lord Russell in the defence of Patrick O’Donnell for the murder of James Carey, an informer.
Sullivan suffers another heart attack while on holiday in Bantry in September 1884 and spends his last days with William Martin Murphy at Dartry, County Dublin. Murphy regards him as a father figure, attributing his success to Sullivan’s early advice and journalistic training. Sullivan dies on October 17, 1884, at Dartry Lodge, Rathmines, Dublin. He is buried at Glasnevin Cemetery. With his wife, Frances Genevieve Donovan, whom he marries on April 27, 1861, and who outlives him by nearly forty years, he has a family of three sons and five daughters. His second son and namesake, Alexander Martin Sullivan, is the last to hold the rank of Serjeant-at-law (Ireland).
In addition to his labours, Sullivan is a great temperance reformer. He also writes two notable books, The Story of Ireland and New Ireland and contributes many sketches (including some verse) to Irish Penny Readings (1879–85). Some of his correspondence is located in the Isaac Butt papers in the National Library of Ireland.
Willes is born on February 13, 1814, in Cork, County Cork, the eldest among six children of James Willes, physician, and his wife, Elizabeth Aldworth, daughter of John Shaw, mayor of Cork in 1792. Educated at Dr. Porter’s school in Cork and Trinity College Dublin (TCD), he graduates BA in 1836, having entered the King’s Inns the previous year. In 1837, he goes to London and joins the Inner Temple as a pupil of the noted barrister Thomas Chitty (1802–78), in whose chambers he remains as a salaried assistant and special pleader before being called to the English bar on June 12, 1840. The Willes and Chitty families are connected, and James’s younger sister, Mary, later marries Thomas Chitty’s son.
Willes joins the home circuit, though his practice is chiefly in London in mercantile and maritime law. A leading junior in the Court of Exchequer, he holds the post of tubman from 1851, an honorary position in the gift of the Lord Chief Baron. Known for his erudition, he is persuaded to edit, with Sir Henry Singer Keating, the third and fourth editions of John William Smith‘s Leading Cases (1849, 1856). In 1850, his reputation is such that he is appointed one of the commissioners to draft the common law procedure bill (1854) and is credited with having effected most of the reform therein. On July 3, 1855, he is appointed judge of the Court of Common Pleas, though he has not yet taken silk and is only 41, the youngest lawyer but one to have been appointed to the bench since 1778.
A classical scholar and linguist who knows oriental as well as European languages, who travels widely, loves poetry, and frequents literary men, and whose judgments are clear and philosophical, Willes is accounted among the best common law judges of his day, and is celebrated for the simplicity and lucidity of his style. Notable judgments include Esposito v. Bowden (1857), which lays down that the force of a declaration of war is equal to that of an act of parliament prohibiting commercial transactions with the enemy. In the law of torts, he gives an oft-cited judgment in the case of Indermaur v. Dames (1866), which has been accepted almost as statutory, on the liability of the occupier of a building for the safety of a visitor. In 1868, as one of the first judges appointed to try election petitions, he lays down the rules of practice generally followed afterward. A strong British patriot, he serves in the Inns of Court Volunteers from 1859 until shortly before his death.
On November 3, 1871, Willes is sworn of the privy council. However, his health has deteriorated through overwork and an emotional temperament, and he has long suffered heart disease and gout. In August 1872, after a heavy assize at Liverpool, he returns to his house, Otterspool, Watford, Hertfordshire, and succumbs to a nervous breakdown, which leads to his shooting himself on October 2, 1872. He is buried on October 7 at Brompton Cemetery in London. He is survived fifteen years by his wife, Helen, daughter of Thomas Jennings of Cork, whom he married on May 17, 1856. There have no children.
A tall, reserved man, with a prominent nose and sad eyes, Willes has great affection for children and animals and is singularly emotional. He is known to return to his room and shed tears before passing sentence on a criminal. He never loses his Irish accent. His marriage is allegedly unhappy, as he had been forced into it after he had fallen out of love. Sir Frederick Pollock (1845–1937), author of the magisterial History of English Law before the Time of Edward I and sometime marshal to Willes, dedicates to him his first textbook on torts in 1879, writing that he was “one of those whose knowledge is radiant and kindles answering fire.” A century later, A. W. B. Simpson maintains that “his reputation as a jurist will last as long as the law reports of England are read.”
(From: “Willes, Sir James Shaw” by Bridget Hourican, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
Following his exit from politics in 1957, having lost his Dáil seat, Finlay resumes practicing as a barrister. He successfully defends Captain James Kelly in the infamous 1970 arms trial.
In 1971, Finlay is tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill treatment of detainees by security forces in Northern Ireland, they charge the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission rules the complaint admissible.
During this period Finlay presides over a number of landmark cases, including Attorney General v X in 1992, when he overturns a High Court injunction preventing a pregnant teenage rape victim travelling to the UK for an abortion.
When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, seeks disclosure of the cabinet’s minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court deny the request ruling that the concept of collective government responsibility in the Constitution takes precedence.
Finlay announces his resignation as Chief Justice of Ireland and retirement as a judge in 1994.
After his retirement, Finlay presides over a number of public inquiries.
In 1996, Finlay oversees the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road. His report to Bernard Allen, Minister for Sport, is critical of security arrangements on the night and recommends improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shares his report with the British Home Office.
After the collapse of The Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton, receives a damming report from the Competition Authority that Independent Newspapers has abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in The Irish Press. In September 1995, Bruton announces the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland. Minister Bruton appoints 21 people to the commission and appoints Finlay chair. Due to the wide remit and huge number of submissions, the commission’s report is delayed but is eventually published at the end of July recommending widespread reforms.
Following the discovery of the BTSB anti-D scandal, in 1996, Finlay is appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board. The speed and efficiency with which his BTSB Tribunal conducts its business, restores confidence in the Tribunal as a mechanism of resolving great controversies in the public interest.
Finlay also sits on an Irish Rugby Football Union (IRFU) panel to adjudicate on the cases of Rugby players accused of using banned performance-enhancing substances.
Finlay is married to Alice Blayney, who predeceases him in 2012. They have five children, two of whom follow in his family’s legal tradition: his son John being a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allows, he escapes to County Mayo where he indulges his passion for fishing.
Thomas Finlay dies at the age of 95 in Irishtown, Dublin, on December 3, 2017.
Several of Redmond’s relatives are politicians. He takes over control of the minority IPP faction loyal to Charles Stewart Parnell after Parnell dies in 1891. He is a conciliatory politician who achieves the two main objectives of his political life: party unity and, in September 1914, the passing of the Irish Home Rule Act.
The Irish Home Rule Act grants limited self-government to Ireland, within the United Kingdom. However, implementation of Home Rule is suspended by the outbreak of the World War I. Redmond calls on the National Volunteers to join Irish regiments of the New British Army and support the British and Allied war effort to restore the “freedom of small nations” on the European continent, thereby to also ensure the implementation of Home Rule after a war that is expected to be of short duration. However, after the Easter Rising of 1916, Irish public opinion shifts in favour of militant republicanism and full Irish independence, resulting in his party losing its dominance in Irish politics.
In sharp contrast to Parnell, Redmond lacks charisma. He works well in small committees but has little success in arousing large audiences. Parnell had always chosen the nominees to Parliament. Now they are selected by the local party organisations, giving Redmond numerous weak MPs over whom he has little control. He is an excellent representative of the old Ireland but grows increasingly old-fashioned because he pays little attention to the new forces attracting younger Irishmen, such as Sinn Féin in politics, the Gaelic Athletic Association in sports, and the Gaelic League in cultural affairs.
Redmond never tries to understand the unionist forces emerging in Ulster. He is further weakened in 1914 by the formation of the Irish Volunteers by Sinn Féin members. His enthusiastic support for the British war effort alienates many Irish nationalists. His party has been increasingly hollowed out, and a major crisis, notably the Easter Rising, is enough to destroy it.
Redmond is increasingly eclipsed by ill-health after 1916. An operation in March 1918 to remove an intestinal obstruction appears to progress well initially, but he then suffers heart failure. He dies a few hours later at a Londonnursing home on March 6, 1918.
Condolences and expressions of sympathy are widely expressed. After a funeral service in Westminster Cathedral his remains are interred, as requested in a manner characteristic of the man, in the family vault at the old Knights Templars‘ chapel yard of Saint John’s Cemetery, Wexford, amongst his own people rather than in the traditional burial place for Irish statesmen and heroes in Glasnevin Cemetery. The small, neglected cemetery near the town centre is kept locked to the public. His vault, which has been in a dilapidated state, has been only partially restored by Wexford County Council.
In effect a special extension of the Defence of the Realm Acts, the aim of the Act is to increase convictions of nationalist rebels while averting the need to declare martial law. Under Section 3(6) of the Act, military authorities are empowered to jail any Irish person without charge or trial. Secret courts-martial are established, and lawyers (appointed by Crown agents) can be present only if the death penalty is involved. Inquests of military or police actions are banned.
By the middle of 1920, Ireland is in the throes of a full-fledged rebellion that is barely recognized by the British Government in Ireland headquartered in Dublin Castle. The Irish Republican Army (IRA), the military arm of the Dáil Éireann revolutionary government, is engaged in a guerilla campaign to destroy elements of British power, particularly burning down courthouses and attacking members of the Royal Irish Constabulary (RIC), Britain’s police force in the countryside.
The British response to the increase in violence and the assassination of police officers is twofold. To suppress the IRA “murderers,” Major GeneralHugh Tudor, commander of the RIC and self-styled “Chief of Police,” begins supplementing that body with the employment of World War I veterans known as the “Black and Tans” because of the colour of their surplus World War I uniforms, and an additional temporary force of Auxiliaries. With little discipline and utter indifference to the plight or moral indignation of the Irish population, these groups raid and burn villages, creameries, and farm buildings to intimidate supporters of the IRA.
The second measure is the enactment of the Restoration of Order in Ireland Act (ROIA). The Act is envisioned as a remedy to the problem perceived by Chief Secretary for Ireland Sir Hamar Greenwood that “throughout the greater part of Ireland criminal justice can no longer be administered by the ordinary constitutional process of trial by judge and jury.”
The genesis of the Act may be seen in a Cabinet discussion on May 31, 1920, in which the members focus on the violence in Ireland. Rather than addressing violence as the product of rebellion, Greenwood insists that, “The great task is to crush out murder and arson.” He asserts that the violence is perpetrated by handsomely paid thugs. Commenting on a pending Irish bill, Secretary of State for WarWinston Churchill states, “You should include in the Bill a special tribunal for trying murderers. It is monstrous that we have some 200 murders, and no one hung.” The prime minister agrees that convicted murderers should be hanged but questions whether convictions can be obtained from Catholics. The concern of all is that the civil courts are incapable of strictly administering justice to the revolutionaries because the juries largely consisted of Irish Catholics. The ensuing discussion of possibly imposing court-martial jurisdiction is inconclusive.
After the May 31 meeting, Greenwood investigates the feasibility of imposing martial law in Ireland and raises martial law as the specific subject of a July 23, 1920, conference committee meeting of the Cabinet led by Prime MinisterDavid Lloyd George to which the key members of the Dublin Castle administration are invited. William E. Wylie, the law advisor at Dublin Castle, notes that the RIC is disintegrating through resignations brought on by terrorist attacks, and that with “regard to the Civil Courts, the entire administration of the Imperial Government had ceased.” The civilian participants from Dublin Castle, especially Wylie, maintain that martial law is counter-productive, and will only antagonize the Irish people. As an alternative to martial law, General Tudor argues for the imposition of court-martial jurisdiction. Tudor argues forcefully that court-martial jurisdiction over all crimes will support the Black and Tans and Auxiliaries that he is recruiting. He declaims that “not a single criminal had been brought to justice for murder.” Lloyd George closes the discussion directing the Dublin Castle participants to provide final proposals for enforcement of the laws.
A draft bill to establish military criminal jurisdiction is considered by the Cabinet on July 26. The prime minister’s most telling contribution is his question as to whether a convicted man would be shot or hanged. It appears that he is comforted by the response that the defendant will be tried under the ordinary law which implies death by hanging. The resulting bill is completed by July 30, 1920, and is then quickly pushed through Parliament and receives royal assent on August 9, 1920. The ROIA provides that all crimes punishable under the laws in Ireland can be brought before a court-martial. The court-martial will have the power to impose any punishment authorized by statute or common law including the death penalty. The final step is taken on August 20, 1920, when the final regulations for implementation go into effect.
The combination of growing police and military pressure and recourse to the ROIA lead to increased internments of known or suspected IRA members and a steady increase in convictions to 50-60 per week. This makes it more difficult for IRA soldiers to continue openly working day jobs while carrying on part-time guerrilla activities. As a result, the IRA shifts its approach to guerrilla warfare in the rural counties. Volunteers from IRA units are organized into elite, full-time, mobile flying columns of around 25 men who live off the land and on the run. These flying columns prove to be more suited to ambushes of patrols and convoys and other targets of opportunity, rather than attacks on barracks which had become better defended.
On December 10, 1920, martial law is proclaimed in counties Cork, Kerry, Limerick, and Tipperary. In January 1921 martial law is extended to counties Clare and Waterford.
In a crucial judgement, R (Egan) v Macready, the Irish courts rule that the Act does not give power to impose the death penalty. This would no doubt have proved politically contentious had not hostilities ended the same day.
Despite its name, the courts are of the view that ROIA applies in England as well. Following the creation of the Irish Free State, when the Act is repealed by implication, it is still used to deport ex-members of the Irish Self-Determination League to Ireland.
seamus dubhghaill 