On November 24, 1972, the Fianna Fáil government fires the RTÉ Authority after it broadcast a recorded radio interview on November 19 by Kevin O’Kelly with Seán Mac Stíofáin, then Chief of Staff of the Provisional Irish Republican Army, on the RTÉ This Week radio programme. Mac Stíofáin is arrested on the same day, charged with IRA membership, and the interview is used as evidence against him. He is sentenced to six months imprisonment on November 25 by the Special Criminal Court in Dublin.
The announcement of dismissal comes shortly before 10:00 p.m. in a statement from Gerry Collins, Minister for Posts and Telegraphs. It is an abrupt but not unexpected climax to a week of conflict and speculation after the broadcast of the Mac Stíofáin interview.
Collins reads the announcement on RTÉ but does not make any further comments. He also announces the appointment of the new Authority. The Taoiseach, Jack Lynch, who is in London for his meeting with British Prime MinisterEdward Heath, is kept fully informed of developments during the day.
Lynch says at the London airport before his departure for Dublin that the dismissal is an exercise in democracy. The action is taken because the Government sees the need for “protecting our community.”
Lynch speaks to reporters just after midnight after arriving at the airport from his dinner with the Prime Minister at 10 Downing Street. He says that the Cabinet had decided its course of action in regard to RTÉ on Tuesday, November 21, and that he had been in touch by phone throughout the day with his colleagues in Dublin.
The RTÉ Authority, the Taoiseach says, is controlled by Acts of Parliament and is subject to the democratic process.
It is the obligation of the Government to ensure that their terms of reference are adhered to. The Authority breached a directive given under the Broadcasting Act, ordering them “not to project people who put forward violent means for achieving their purpose.”
In the opinion of the Government, the interview with Mac Stíofáin is a breach of that directive. When Lynch is asked by a reporter how the Government knew that the RTÉ interview with Mac Stíofáin was taking place, he says that they have their own way of knowing things.
The comments of the members of the dismissed Authority reflect indignation, hurt and relief.
Phyllis O’Kelly, widow of the late Seán T. O’Kelly, former President of Ireland, says that it was “a strange thing to happen.” She does not accept that the station was deliberately trying to outwit the Government. The interviewer, Kevin O’Kelly, had listed various people that he wished to interview, and they seemed all right to her.
The Authority’s letter to the Minister makes it abundantly clear that the Authority appreciates his right to issue the direction. It also makes clear its anxiety to abide by that direction.
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)
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.
The Disfranchising Act, an act of parliament of the Parliament of Ireland, is debated in 1727 and receives royal assent on May 6, 1728. One of a series of Penal Laws, it prohibits all Roman Catholics from voting in parliamentary elections. Its full title is “An Act for the further regulating the Election of Members of Parliament, and preventing the irregular Proceedings of Sheriffs and other Officers in electing and returning such Members” and its citation is 1 Geo. 2. c. 9 (I).
In the eighteenth century, elections are held at irregular intervals and at the beginning of a new reign. The Act follows the death of George I on June 11, 1727, but does not take effect until after the election of 1727, coming into force in 1728.
The Act is repealed by the Roman Catholic Relief Act 1793, which receives royal assent on April 9, 1793, allowing the franchise in Ireland to all men holding a property with a rental value of at least two pounds annually.
Following its enactment, one hundred and thirty poor law unions (PLU) are established throughout the country. Each Union has a workhouse, financed by the payment of rates on landholders in the Union district. The administration of the poor law unions in Ireland is overseen by the Poor Law Commissioners who maintain control by setting up strict accounting and recording systems. Each PLU is managed locally by a board of Guardians who meet weekly to oversee the running of the workhouse (indoor) and relief work schemes (outdoor).
The vast bulk of the surviving PLU records comprises Minute and Rate Books. To a much lesser degree indoor and outdoor relief registers and records such as death registers and porter’s books survive.
Minute Books contain the records of each weekly meeting of the Board of Guardians. They take account of the finances of the Union, procurement of provisions, hiring of staff, management of inmates, and any other issues that may arise regarding the week-to-week running of the Workhouse. The Minute Books also record the number of inmates in the workhouse, numbers admitted or left in the week as well as distinguishing between sexes, adults, and children. They also record the number of sick inmates and the number of deaths each week.
Rate Books account for the rates paid by occupiers of property and the nature of the property they occupy.
Registers account for persons receiving relief from the Union. Indoor registers list the name, age, sex, religion, previous address, condition on entering, and date of entry and leaving the workhouse for each inmate.
The Banishment Act or Bishops’ Banishment Act, which receives royal assent on September 25, 1697, requires most Catholicclergy to leave the kingdom by May 1, 1698, and bans Catholic clergy from entering the kingdom. The Act is never efficiently enforced.
The Banishment Act is a 1697 Act of the Parliament of Ireland which banishes all ordinaries and regular clergy of the Roman Catholic Church from Ireland. All “popish archbishops, bishops, vicars general, deans, jesuits, monks, friars, and other regular popish clergy” are required to be in one of several named ports awaiting a ship out of the country by May 1, 1698. Remaining or entering the country after this date would result in punishment as a first offence with twelve months imprisonment followed by expulsion. A second offence would constitute high treason.
The Act is one of the Penal Laws passed after the Williamite War to safeguard the Church of Ireland as the established church and from fears of Catholic clerical support for Jacobitism. It is foreshadowed by proclamations issued by the Dublin Castle administration in 1673 and 1678 with similar terms. The banishment is originally and most effectively applied to regular clergy, many of whom register under the Registration Act of 1704, as parish priests to be treated as secular clergy and avoid deportation. The ban on bishops may have been intended to prevent ordination of new priests, which, coupled with a ban on clerical immigration, would lead to their eventual extinction. Of the eight Catholic bishops in Ireland when the act is passed, two leave, one (John Sleyne)is arrested, and five go into hiding. The port authorities pay for the passage of 424 clerics who emigrate. Mary of Modena estimates that about 700 in total leave, of whom 400 settle in France. Priest hunters are active in subsequent decades. Maurice Donnellan, Bishop of Clonfert, is arrested in 1703 but rescued by an armed crowd.
The Act is gradually less stringently enforced as the eighteenth-century progresses. The Roman Catholic Relief Act 1782 provides that its provisions cannot apply to a priest who has registered and taken the oath of supremacy. The Act is explicitly repealed by the Statute Law Revision (Ireland) Act 1878.
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.
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.
Shortly after the British evacuate their troops from Dublin Castle in January 1922, Michael Collins sets about establishing a committee to draft a new constitution for the nascent Irish Free State which would come into being in December 1922. Collins chairs the first meeting of that committee and at that point is its chairman, but is assassinated before the constitution is finalised. Darrell Figgis, the vice-chairman becomes acting Chair. The committee produces three draft texts, designated A, B and C. Draft A is signed by Figgis, James McNeill and John O’Byrne. Draft B is signed by James G. Douglas, C.J. France and Hugh Kennedy and it differs substantially from draft A only in proposals regarding the Executive. Draft C is the most novel of the three. It is signed by Alfred O’Rahilly and James Murnaghan, and provides for the possibility of representation for the people of the northern counties in the Dáil in the event of that area opting out of the proposed free state.
On March 31, 1922, an act of the United Kingdom Parliament called the Irish Free State (Agreement) Act 1922 is passed. It gives the force of law to the Anglo-Irish Treaty, which had been negotiated between the British government and Irish leaders in 1921. It also provides by for the election of a body to be called the “House of the Parliament,” sometimes called the “Provisional Parliament,” to which the Provisional Government establishes under that act will be responsible. The act gives no power to the Provisional Parliament to enact a constitution for the Irish Free State. In due course, “the House of the Parliament,” provided for by that act, is elected and meets on September 9, 1922, and calling itself Dáil Éireann, proceeds to sit as a constituent assembly for the settlement of what becomes the Constitution of the Irish Free State.
The Constitution establishes a parliamentary system of government under a form of constitutional monarchy, and contains guarantees of certain fundamental rights. It is intended that the constitution would be a rigid document that, after an initial period, could be amended only by referendum. However, amendments are made to the Constitution’s amendment procedure, so that all amendments can be and are in fact made by a simple Act of the Oireachtas (parliament).
The Registration Act 1704 (2 Ann c.7; long title An Act for registering the Popish Clergy), an Act of the Parliament of Ireland, comes into force on June 23, 1704, after receiving royal assent on March 4, 1704. It requires all Catholicpriests in Ireland to register at their local magistrates‘ court, to pay two £50 bonds to ensure good behaviour, and to stay in the county where they registered.
The act is one of a series of Penal Laws passed after the Williamite War to protect the victorious Protestant Ascendancy from a church seen as loyal to the defeated Jacobites and to foreign powers. Its second section states that if an Irish Catholic priest is converted to the established Church of Ireland, he will receive a £20 stipend, levied on the residents of the area where he had last practised. Unregistered clergy are to depart Ireland before July 20, 1704, and any remaining after June 24, 1705, are to be deported. Any that returned are to be punished as under the Banishment Act of 1697 (as high treason). These are sought out by freelance “priest hunters.”
A 1704 act (4 Anne c.2) amends the Registration Act, Banishment Act and Popery Act to close a loophole whereby they had not applied to priests ordained after the original act first came into force. The 1704 act, originally set to expire after the 1708–1709 session of Parliament, is made permanent in that session. The Roman Catholic Relief Act 1782 provides that these acts’ provisions cannot apply to a priest who has registered and taken an oath of allegiance. Daniel O’Connell drafts a comprehensive Catholic emancipation bill in the 1820s which would have repealed all these acts; in the event the Roman Catholic Relief Act 1829 is more limited, and the acts are not formally repealed until the Statute Law Revision (Ireland) Act 1878 is passed on August 13, 1878.
seamus dubhghaill 