seamus dubhghaill

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


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Death of Dr. Douglas Hyde, First President of Ireland

Dr. Douglas Hyde, Gaelic scholar and the first President of Ireland, dies in Dublin on July 12, 1949, at the age of 89.

Hyde is born at Longford House in Castlerea, County Roscommon, on January 17, 1860. In 1867, his father is appointed prebendary and rector of Tibohine, and the family moves to neighbouring Frenchpark, in County Roscommon. He is home schooled by his father and his aunt due to a childhood illness. While a young man, he becomes fascinated with hearing the old people in the locality speak the Irish language.

Rejecting family pressure to follow previous generations with a career in the Church, Hyde instead becomes an academic. He enters Trinity College, Dublin (TCD), where he gains a great facility for languages, learning Latin, Greek, Hebrew, French, and German, but his great passion in life is the preservation of the Irish language.

After spending a year teaching modern languages in Canada, Hyde returns to Ireland. For much of the rest of his life he writes and collects hundreds of stories, poems, and folktales in Irish, and translates others. His work in Irish helps to inspire many other literary writers, such as W. B. Yeats and Lady Gregory.

In 1892, Hyde helps establish the Gaelic Journal and in November of that year writes a manifesto called The necessity for de-anglicising the Irish nation, arguing that Ireland should follow her own traditions in language, literature, and even in dress.

In 1893, Hyde founds the Gaelic League (Conradh na Gaeilge) along with Eoin MacNeill and Fr. Eugene O’Growney and serves as its first president. Many of the new generation of Irish leaders who play a central role in the fight for Irish independence in the early twentieth century, including Patrick PearseÉamon de ValeraMichael Collins, and Ernest Blythe first become politicised and passionate about Irish independence through their involvement in the Gaelic League. Hyde does not want the Gaelic League to be a political entity, so when the surge of Irish nationalism that the Gaelic League helps to foster begins to take control of many in the League and politicize it in 1915, Hyde resigns as president.

Hyde takes no active part in the armed upheaval of the 1910s and 1920s, but does serve in Seanad Éireann, the upper house of the Irish Free State’s Oireachtas, as a Free State senator in 1925-26. He then returns to academia, as Professor of Irish at University College Dublin (UCD), where one of his students is future Attorney General and President of Ireland Cearbhall Ó Dálaigh.

In 1938, Hyde is unanimously elected to the newly created position of President of Ireland, a post he holds until 1945. Hyde is inaugurated on June 26, 1938, in the first inaugural ceremony in the nation’s history. Despite being placed in a position to shape the office of the presidency via precedent, Hyde by and large opts for a quiet, conservative interpretation of the office. In April 1940, he suffers a massive stroke and plans are made for his lying in state and state funeral, but to the surprise of everyone he survives, albeit paralysed and confined to a wheelchair. One of his last presidential acts is a visit to the German ambassador Eduard Hempel on May 3, 1945, to offer his condolences on the death of Adolf Hitler, a visit which remains a secret until 2005.

Hyde leaves office on June 25, 1945, opting not to nominate himself for a second term. He opts not return to his Roscommon home due to his ill-health, but rather moves into the former Secretary to the Lord Lieutenant’s residence in the grounds of Áras an Uachtaráin, where he lived out the remaining four years of his life.

Hyde dies in Dublin on July 12, 1949, at age 89. As a former President of Ireland he is accorded a state funeral which, as a member of the Church of Ireland, takes place in Dublin’s St. Patrick’s Cathedral. Since contemporary rules of the Roman Catholic Church in Ireland at the time prohibit Roman Catholics from attending services in non-Catholic churches, all but one member of the Catholic cabinet remain outside the cathedral grounds while Hyde’s funeral takes place. Hyde is buried in Frenchpark, County Roscommon at Portahard Church.


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Birth of Richard Mulcahy, Fine Gael Politician & Army General

Richard James Mulcahy, Irish Fine Gael politician and army general, is born in Manor Street, Waterford, County Waterford, on May 10, 1886, the son of post office clerk Patrick Mulcahy and Elizabeth Slattery. He is educated at Mount Sion Christian Brothers School and later in Thurles, County Tipperary, where his father is the postmaster.

Mulcahy joins the Royal Mail (Post Office Engineering Dept.) in 1902, and works in Thurles, Bantry, Wexford and Dublin. He is a member of the Gaelic League and joins the Irish Volunteers at the time of their formation in 1913. He is also a member of the Irish Republican Brotherhood.

Mulcahy is second-in-command to Thomas Ashe in an encounter with the armed Royal Irish Constabulary (RIC) at Ashbourne, County Meath, during the 1916 Easter Rising, one of the few stand-out victories won by republicans in that week and generally credited to Mulcahy’s grasp of tactics. In his book on the Rising, Charles Townshend principally credits Mulcahy with the defeat of the RIC at Ashbourne, for conceiving and leading a flanking movement on the RIC column that had engaged with the Irish Volunteers. Arrested after the Rising, he is interned at Knutsford and at the Frongoch internment camp in Wales until his release on December 24, 1916.

On his release, Mulcahy immediately rejoins the republican movement and becomes commandant of the Dublin Brigade of the Irish Volunteers. He is elected to the First Dáil in the 1918 Irish general election for Dublin Clontarf. He is then named Minister for Defence in the new government and later Assistant Minister for Defence. In March 1918, he becomes Irish Republican Army (IRA) chief of staff, a position he holds until January 1922.

Mulcahy and Michael Collins are largely responsible for directing the military campaign against the British during the Irish War of Independence. During this period of upheaval in 1919, he marries Mary Josephine (Min) Ryan, sister of Kate and Phyllis Ryan, the successive wives of Seán T. O’Kelly. Her brother is James Ryan. O’Kelly and Ryan both later serve in Fianna Fáil governments.

Mulcahy supports the Anglo-Irish Treaty of December 1921. Archive film shows that Mulcahy, as Minister of Defence, is the Irish officer who raises the Irish tricolour at the first hand-over of a British barracks to the National Army in January 1922. He is defence minister in the Provisional Government on its creation and succeeds Collins, after the latter’s assassination, as Commander-in-Chief of the Provisional Government’s forces during the subsequent Irish Civil War.

Mulcahy earns notoriety through his order that anti-Treaty activists captured carrying arms are liable for execution. A total of 77 anti-Treaty prisoners are executed by the Provisional Government. He serves as Minister for Defence in the new Free State government from January 1924 until March 1924, but resigns in protest because of the sacking of the Army Council after criticism by the Executive Council over the handling of the “Army Mutiny,” when some National Army War of Independence officers almost revolt after he demobilises many of them at the end of the Irish Civil War. He re-enters the cabinet as Minister for Local Government and Public Health in 1927.

During Mulcahy’s period on the backbenches of Dáil Éireann his electoral record fluctuates. He is elected as TD for Dublin North-West at the 1921 and 1922 Irish general elections. He moves to Dublin North for the election the following year and is re-elected there in four further elections: June 1927, September 1927, 1932, and 1933.

Dublin North is abolished for the 1937 Irish general election, at which Mulcahy is defeated in the new constituency of Dublin North-East. However, he secures election to Seanad Éireann as a Senator, the upper house of the Oireachtas, representing the Administrative Panel. The 2nd Seanad sits for less than two months, and at the 1938 Irish general election he is elected to the 10th Dáil as a TD for Dublin North-East. Defeated again in the 1943 Irish general election, he secures election to the 4th Seanad by the Labour Panel.

After the resignation of W. T. Cosgrave as Leader of Fine Gael in 1944, Mulcahy becomes party leader while still a member of the Seanad. Thomas F. O’Higgins is parliamentary leader of the party in the Dáil at the time and Leader of the Opposition. Facing his first general election as party leader, Mulcahy draws up a list of 13 young candidates to contest seats for Fine Gael. Of the eight who run, four are elected. He is returned again to the 12th Dáil as a TD for Tipperary at the 1944 Irish general election. While Fine Gael’s decline had been slowed, its future is still in doubt.

Following the 1948 Irish general election Mulcahy is elected for Tipperary South, but the dominant Fianna Fáil party finishes six seats short of a majority. However, it is 37 seats ahead of Fine Gael, and conventional wisdom suggests that Fianna Fáil is the only party that can possibly form a government. Just as negotiations get underway, however, Mulcahy realises that if Fine Gael, the Labour Party, the National Labour Party, Clann na Poblachta and Clann na Talmhan band together, they would have only one seat fewer than Fianna Fáil and, if they can get support from seven independents, they will be able to form a government. He plays a leading role in persuading the other parties to put aside their differences and join forces to consign the then Taoiseach and Fianna Fáil leader Éamon de Valera, to the opposition benches.

Mulcahy initially seems set to become Taoiseach in a coalition government. However, he is not acceptable to Clann na Poblachta’s leader, Seán MacBride. Many Irish republicans had never forgiven him for his role in the Irish Civil War executions carried out under the Cosgrave government in the 1920s. Consequently, MacBride lets it be known that he and his party will not serve under Mulcahy. Without Clann na Poblachta, the other parties would have 57 seats between them — 17 seats short of a majority in the 147-seat Dáil. According to Mulcahy, the suggestion that another person serve as Taoiseach comes from Labour leader William Norton. He steps aside and encourages his party colleague John A. Costello, a former Attorney General of Ireland, to become the parliamentary leader of Fine Gael and the coalition’s candidate for Taoiseach. For the next decade, Costello serves as the party’s parliamentary leader while Mulcahy remained the nominal leader of the party.

Mulcahy goes on to serve as Minister for Education under Costello from 1948 until 1951. Another coalition government comes to power at the 1954 Irish general election, with Mulcahy once again stepping aside to become Minister for Education in the Second Inter-Party Government. The government falls in 1957, but he remains as Fine Gael leader until October 1959. In October the following year, he tells his Tipperary constituents that he does not intend to contest the next election.

Mulcahy dies from natural causes at the age of 85 in Dublin on December 16, 1971. He is buried in Littleton, County Tipperary.


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Death of John Costello, Fine Gael Politician & 3rd Taoiseach

John Aloysius Costello, Fine Gael politician who serves as Taoiseach from 1948 to 1951 and from 1954 to 1957, Leader of the Opposition from 1951 to 1954 and from 1957 to 1959, and Attorney General of Ireland from 1926 to 1932, dies in Ranelagh, Dublin, on January 5, 1976. He serves as a Teachta Dála (TD) from 1933 to 1943 and from 1944 to 1969.

Costello is born on June 20, 1891, in Fairview, Dublin, the younger son of John Costello senior, a civil servant, and Rose Callaghan. He is educated at St. Joseph’s, Fairview, and then moves to O’Connell School, for senior classes, and later attends University College Dublin (UCD), where he graduates with a degree in modern languages and law. He studies at King’s Inns to become a barrister, winning the Victoria Prize there in 1913 and 1914. He is called to the Irish Bar in 1914, and practises as a barrister until 1922.

In 1922, Costello joins the staff at the office of the Attorney General in the newly established Irish Free State. Three years later he is called to the inner bar, and the following year, 1926, he becomes Attorney General of Ireland, upon the formation of the Cumann na nGaedheal government, led by W. T. Cosgrave. While serving in this position he represents the Free State at Imperial Conferences and League of Nations meetings.

Costello is also elected a Bencher of the Honourable Society of King’s Inns. He loses his position as Attorney General of Ireland when Fianna Fáil comes to power in 1932. The following year, however, he is elected to Dáil Éireann as a Cumann na nGaedheal TD. Cumann na nGaedheal soon merges with other parties to form Fine Gael.

During the Dáil debate on the Emergency Powers Act 1939, Costello is highly critical of the Act’s arrogation of powers, stating that “We are asked not merely to give a blank cheque, but to give an uncrossed cheque to the Government.” He loses his seat at the 1943 Irish general election but regains it when Éamon de Valera calls a snap election in 1944. From 1944 to 1948, he is the Fine Gael front-bench Spokesman on External Affairs.

In 1948, Fianna Fáil has been in power for sixteen consecutive years and has been blamed for a downturn in the economy following World War II. The 1948 Irish general election results show Fianna Fáil short of a majority, but still by far the largest party, with twice as many seats as the nearest rival, Fine Gael. It appears that Fianna Fáil is headed for a seventh term in government. However, the other parties in the Dáil realise that between them, they have only one seat fewer than Fianna Fáil, and if they band together, they would be able to form a government with the support of seven Independent deputies. Fine Gael, the Labour Party, the National Labour Party, Clann na Poblachta and Clann na Talmhan join to form the first inter-party government in the history of the Irish state.

While it looks as if cooperation between these parties will not be feasible, a shared opposition to Fianna Fáil and Éamon de Valera overcomes all other difficulties, and the coalition government is formed.

Since Fine Gael is the largest party in the government, it has the task of providing a suitable candidate for Taoiseach. Naturally, it is assumed that its leader, Richard Mulcahy, will be offered the post. However, he is an unacceptable choice to Clann na Poblachta and its deeply republican leader, Seán MacBride. This is due to Mulcahy’s record during the Irish Civil War. Instead, Fine Gael and Clann na Poblachta agree on Costello as a compromise candidate. Costello had never held a ministerial position nor was he involved in the Civil War. When told by Mulcahy of his nomination, Costello is appalled, content with his life as a barrister and as a part-time politician. He is persuaded to accept the nomination as Taoiseach by close non-political friends.

During the campaign, Clann na Poblachta had promised to repeal the Executive Authority (External Relations) Act 1936 but does not make an issue of this when the government is being formed. However, Costello and his Tánaiste, William Norton of the Labour Party, also dislike the act. During the summer of 1948, the cabinet discusses repealing the act, however, no firm decision is made.

In September 1948, Costello is on an official visit to Canada when a reporter asks him about the possibility of Ireland leaving the British Commonwealth. For the first time, he declares publicly that the Irish government is indeed going to repeal the External Relations Act and declare Ireland a republic. It has been suggested that this is a reaction to offence caused by the Governor General of Canada at the time, Harold Alexander, 1st Earl Alexander of Tunis, who is of Northern Irish descent and who allegedly arranges to have placed symbols of Northern Ireland in front of Costello at an official dinner. Costello makes no mention of these aspects on the second reading of the Republic of Ireland Bill on November 24 and, in his memoirs, claims that Alexander’s behaviour had in fact been perfectly civil and could have had no bearing on a decision which had already been made.

The news takes the Government of the United Kingdom and even some of Costello’s ministers by surprise. The former had not been consulted and following the declaration of the Republic in 1949, the UK passes the Ireland Act that year. This recognises the Republic of Ireland and guarantees the position of Northern Ireland within the United Kingdom for so long as a majority there want to remain in the United Kingdom. It also grants full rights to any citizens of the Republic living in the United Kingdom. Ireland leaves the Commonwealth on April 18, 1949, when The Republic of Ireland Act 1948 comes into force. Frederick Henry Boland, Secretary of the Department of External Affairs, says caustically that the affair demonstrates that “the Taoiseach has as much notion of diplomacy as I have of astrology.” The British envoy, John Maffey, 1st Baron Rugby, is equally critical of what he calls a “slipshod and amateur” move.

Many nationalists now see partition as the last obstacle on the road to total national independence. Costello tables a motion of protest against partition on May 10, 1949, without result.

In 1950, the independent-minded Minister for Health, Noël Browne, introduces the Mother and Child Scheme. The scheme would provide mothers with free maternity treatment and their children with free medical care up to the age of sixteen, which is the normal provision in other parts of Europe at that time. The bill is opposed by doctors, who fear a loss of income, and Roman Catholic bishops, who oppose the lack of means testing envisaged and fear the scheme could lead to birth control and abortion. The cabinet is divided over the issue, many feeling that the state cannot afford such a scheme priced at IR£2,000,000 annually. Costello and others in the cabinet make it clear that in the face of such opposition they will not support the Minister. Browne resigns from the government on April 11, 1951, and the scheme is dropped. He immediately publishes his correspondence with Costello and the bishops, something which had hitherto not been done. Derivatives of the Mother and Child Scheme are introduced in Public Health Acts of 1954, 1957 and 1970.

The Costello government has a number of noteworthy achievements. A new record is set in housebuilding, the Industrial Development Authority and Córas Tráchtála are established, and the Minister for Health, Noel Browne, with the then new Streptomycin, bring about an advance in the treatment of tuberculosis. Ireland also joins a number of organisations such as the Organization for European Economic Co-operation and the Council of Europe. However, the government refuses to join NATO, allegedly because the British remain in Northern Ireland. The scheme to supply electricity to even the remotest parts of Ireland is also accelerated.

While the “Mother and Child” incident does destabilise the government to some extent, it does not lead to its collapse as is generally thought. The government continues; however, prices are rising, a balance of payments crisis is looming, and two TDs withdraw their support for the government. These incidents add to the pressure on Costello and so he decides to call a general election for June 1951. The result is inconclusive but Fianna Fáil returns to power. Costello resigns as Taoiseach. It is at this election that his son Declan is elected to the Dáil.

Over the next three years while Fianna Fáil is in power a dual-leadership role of Fine Gael is taking place. While Richard Mulcahy is the leader of the party, Costello, who has proved his skill as Taoiseach, remains as parliamentary leader of the party. He resumes his practice at the Bar. In what is arguably his most celebrated case, the successful defence of The Leader against a libel action brought by the poet Patrick Kavanagh, dates from this period. Kavanagh generously praises Costello’s forensic skill, and the two men become friends.

At the 1954 Irish general election Fianna Fáil loses power. A campaign dominated by economic issues results in a Fine Gael-Labour Party-Clann na Talmhan government coming to power. Costello is elected Taoiseach for the second time.

The government can do little to change the ailing nature of Ireland’s economy, with emigration and unemployment remaining high, and external problems such as the Suez Crisis compounding the difficulty. Measures to expand the Irish economy such as export profits tax relief introduced in 1956 would take years have sizable impact. Costello’s government does have some success with Ireland becoming a member of the United Nations in 1955, and a highly successful visit to the United States in 1956, which begins the custom by which the Taoiseach visits the White House each Saint Patrick’s Day to present the U.S. President with a bowl of shamrock. Although the government has a comfortable majority and seems set for a full term in office, a resumption of Irish Republican Army (IRA) activity in Northern Ireland and Great Britain causes internal strains. The government takes strong action against the republicans.

In spite of supporting the government from the backbenches, Seán MacBride, the leader of Clann na Poblachta, tables a motion of no confidence, based on the weakening state of the economy and in opposition to the government’s stance on the IRA. Fianna Fáil also tables its own motion of no confidence, and rather than face almost certain defeat, Costello again asks President Seán T. O’Kelly to dissolve the Oireachtas. The general election which follows in 1957 gives Fianna Fáil an overall majority and starts another sixteen years of unbroken rule for the party. Some of his colleagues questioned the wisdom of his decision to call an election. The view is expressed that he was tired of politics and depressed by his wife’s sudden death the previous year.

Following the defeat of his government, Costello returns to the bar. In 1959, when Richard Mulcahy resigns the leadership of Fine Gael to James Dillon, he retires to the backbenches. He could have become party leader had he been willing to act in a full-time capacity. He remains as a TD until 1969, when he retires from politics, being succeeded as Fine Gael TD for Dublin South-East by Garret FitzGerald, who himself goes onto to become Taoiseach in a Fine Gael-led government.

During his career, Costello is presented with a number of awards from many universities in the United States. He is also a member of the Royal Irish Academy from 1948. In March 1975, he is made a freeman of the city of Dublin, along with his old political opponent Éamon de Valera. He practises at the bar until a short time before his death at the age of 84, in Ranelagh, Dublin, on January 5, 1976. He is buried at Dean’s Grange Cemetery in Dublin.


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Birth of Mary Irvine, First Female President of the High Court

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 is called to the Bar in 1978 and becomes a Senior Counsel in 1996. She is the secretary of the Bar Council of Ireland in 1992. She is elected a Bencher of the King’s Inns in 2004.

Irvine specialises in medical law, appearing in medical negligence cases on behalf of and against health boards in actions. She is a legal advisor to an inquiry into deposit interest retention tax (DIRT) conducted by the Public Accounts Committee, along with future judicial colleagues Frank Clarke and Paul Gilligan. She represents the Congregation of Christian Brothers at the Commission to Inquire into Child Abuse.

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 Ireland Mary 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 Finance Michael 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 General Séamus 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)


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Birth of Gerard Hogan, Judge, Lawyer & Academic

Gerard William Augustine Hogan, MRIA, Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021, is born on August 13, 1958, in Carrick-on-Suir, County Tipperary. He previously serves as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. He first works as a barrister and lecturer in law specialising in constitutional and administrative law.

Hogan is born to Mai and Liam Hogan. His father is the deputy principal of the Christian Brothers secondary school in the town. He is educated at University College Dublin (UCD), from where he receives BCL and LLM degrees in 1979 and 1981. He co-authors his first book Prisoners’ Rights: A Study in Irish Prison Law in 1981 with Paul McDermott and Raymond Byrne. He obtains a John F. Kennedy memorial scholarship to study for an LLM at the University of Pennsylvania Law School. He subsequently attends the King’s Inns. He holds two doctorates – an LLD from UCD and a PhD in law from Trinity College Dublin in 2001.

In 1986, early in his legal career, he supports the Anti-Apartheid Movement with other legal scholars, including Mary McAleese, Mary Robinson and Bryan MacMahon. He is involved with the Progressive Democrats and in 1988 writes the party’s proposed new Constitution of Ireland with Michael McDowell. In May 2021, he is made a member of the Royal Irish Academy.

Hogan is called to the Bar in July 1984 and becomes a Senior Counsel in 1997. He appears domestically in cases in the High Court and the Supreme Court and internationally at the European Court of Human Rights and the European Court of Justice.

Hogan is noted in particular for his experience in constitutional law. He acts for the Attorney General of Ireland in references made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997. He appears again for the Attorney General (with Dermot Gleeson and Paul Gallagher) in another reference made by President Mary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.

Hogan is a law lecturer and fellow at Trinity College Dublin from 1982 to 2007. He lectures on constitutional law, competition law and the law of tort. He is regarded as “one of the foremost constitutional and administrative lawyers in Ireland.” He is the co-author of Administrative Law in Ireland and JM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively. He also writes a text on political violence and a book chronicling the origins of the Constitution of Ireland.

During his career as a barrister, Hogan is involved in cases involving employment law, habeas corpus, immigration law, judicial review, company law and commercial law.

Hogan appears for Katherine Zappone and Ann Louise Gilligan in Zappone v. Revenue Commissioners in the High Court and Miss D in her case related to the rights to travel abroad for an abortion. He represents the State in the High Court and the Supreme Court in litigation that emerges following a court finding that an offence of unlawful carnal knowledge is unconstitutional. In 2008, he acts for Colm Murphy and Seamus Daly in the Supreme Court who are contesting an action taken by families of victims of the Omagh bombing when they are refused access to books of evidence.

Hogan is involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He represents Desmond O’Malley at the Beef Tribunal in 1992, Dermot Desmond at the Moriarty Tribunal in 2004, and Jim Higgins and Brendan Howlin in actions related to the Morris Tribunal. He acts for the Committee on Members’ Interests of Seanad Éireann in action taken by Ivor Callely.

Hogan is the first barrister to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.

Throughout his career, Hogan has been a member of committees and boards in areas requiring legal expertise. He chairs the Department of Justice‘s Balance in Criminal Law Review Group and is a member of three other review groups: the Constitution Review Group, the Competition and Mergers Review Group and the Offences Against the State Acts Review Group. He is also a member of the Competition Authority‘s Advisory Panel and the Committee on Court Practice and Procedure.

Hogan is appointed a Judge of the High Court in 2010. Soon after his appointment, he holds an emergency hearing in his home regarding a blood transfusion for a sick baby. He is one of three judges who hears a case taken by Marie Fleming, seeking a right to die in 2012. His reference to the European Court of Justice in 2014 regarding the International Safe Harbor Privacy Principles, results in a declaration by the Grand Chamber that the Safe Harbour Decision is invalid. He subsequently becomes a Judge of the Court of Appeal upon its establishment in October 2014.

In May 2018, Hogan is nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice. His term begins in October 2018 and was scheduled to expire in October 2024. Anthony Collins is appointed in 2021 to complete his term following his appointment to the Supreme Court. He concludes his term on October 7, 2021.

In one of his first opinions, on a reference from the French Conseil d’État, Hogan finds that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of October 25, 2011, requires that products originating from Israeli-occupied territories should indicate if these products come from such a territory. His opinion is followed by the Court of Justice.

In April 2021, the Irish government nominates Hogan to the Supreme Court of Ireland. He is appointed in October 2021.


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Birth of Brendan Smyth, Priest & Convicted Sex Offender

Brendan Smyth, O.Praem, a Catholic priest and convicted sex offender, is born on June 8, 1927, in Belfast, Northern Ireland. He becomes notorious as a child molester, using his position in the Catholic Church to obtain access to his victims. During a period of over 40 years, he sexually abuses and indecently assaults at least 143 children in parishes in Belfast, Dublin and the United States. His actions are frequently hidden from police and the public by Roman Catholic officials. Controversy surrounding his case contributes to the downfall of the government of the Republic of Ireland in December 1994.

Born John Gerard Smyth, upon joining the Norbertine Roman Catholic religious order in 1945, he changes his name to Brendan. The Norbertines, also known as the “Premonstratensians,” are aware of Smyth’s crimes as early as the late 1970s, yet they do not report him to either the Garda Síochána or the Royal Ulster Constabulary (RUC). He is moved from parish to parish and between dioceses and countries whenever allegations are made. In some cases, the order does not inform the diocesan bishop that Smyth has a history of sexual abuse and should be kept away from children. He abuses children in parishes in Rhode Island and North Dakota and at one time works in Boston and is suspected of similar actions while on pastoral work in Wales and Italy. Norbertine Father Bruno Mulvihill makes several attempts to alert church authorities about the abuse committed by Smyth.

Smyth’s first conviction follows the reporting to police of his abuse of four siblings in Belfast’s Falls Road. After his arrest in 1991, he flees to the Republic of Ireland, where he spends the next three years on the run, staying mostly at Kilnacrott Abbey. This leads to the collapse of the Fianna Fáil–Labour Party coalition government in December 1994 when the poor handling of an extradition request from the RUC by the Irish Attorney General‘s office leads to a further delay of Smyth’s trial. An award-winning UTV Counterpoint programme on the scandal by journalist Chris Moore, followed by a book, accuses the head of the Norbertines and the Archbishop of Armagh of mishandling the case, and the Norbertines of negligence and a failure to tell others of Smyth’s crimes, enabling him to sexually abuse large numbers of children for 40 years.

Smyth dies in prison of a heart attack at the age of 70 on August 22, 1997, after collapsing in the exercise yard, one month into a 12-year prison sentence. The Norbertines hold his funeral before dawn and cover his grave with concrete to deter vandalism. He is buried in Kilnacrott Abbey, which is later put up for sale with 44 acres of land, including the grave.

On October 27, 2005, the title “Reverend” is removed from his gravestone following a campaign by one of Smyth’s victims.

Reviewers of the case differ as to whether there is a deliberate plot to conceal Smyth’s behaviour, incompetence by his superiors at Kilnacrott Abbey, or some combination of factors. Cahal Daly, both as Bishop of Down and Connor, a diocese where some of the abuse takes place, and later as Cardinal Archbishop of Armagh, is recorded as having been privately furious at the Norbertine “incompetence.” Smyth’s activities are investigated by the Northern Ireland Historical Institutional Abuse Inquiry, finding that: “…despite knowing his history of abusing children, the Norbertine religious order moved Smyth to different dioceses where he abused more children…”

In 2010, Daly’s successor as Roman Catholic Archbishop of Armagh, Cardinal Seán Brady, faces “huge pressure to resign” after he admits that in 1975, he witnessed two teenage boys sign oaths of silence after testifying in a Church inquiry against Smyth. Survivor groups see this as evidence of collusion, but Brady says he “did not have the authority” to turn Smyth in. On March 17, 2010, the Deputy First Minister of Northern Ireland, Martin McGuinness, calls for Brady to resign.

In 2013, some of Smyth’s alleged Rhode Island victims between 1965 and 1968, both male and female, call for the Diocese of Providence to investigate Smyth. As of 2019, he is among those listed by the Diocese of Providence as being “credibly accused” of committing sex abuse.

Module 6 of the 2014-2016 Northern Ireland Historical Institutional Abuse Inquiry is dedicated to Smyth’s crimes in Northern Ireland.

A two-part dramatisation of the Smyth case, Brendan Smyth: Betrayal of Trust, is broadcast by the BBC on March 13, 2011, with Ian Beattie in the title role and Richard Dormer as Chris Moore.

(Pictured: Father Brendan Smyth, Our Lady of Mercy, East Greenwich, Rhode Island, USA, c. 1965)


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Birth of Brendan Howlin, Labour Party Politician

Brendan Howlin, Irish Labour Party politician who has been a Teachta Dála (TD) for the Wexford constituency since 1987, is born on May 9, 1956. He previously serves as Leader of the Labour Party from 2016 to 2020, Minister for Public Expenditure and Reform from 2011 to 2016, Leas-Cheann Comhairle from 2007 to 2011, Deputy leader of the Labour Party from 1997 to 2002, Minister for the Environment from 1994 to 1997 and Minister for Health from 1993 to 1994. He is a Senator from 1983 to 1987, after being nominated by the Taoiseach.

Born into a political family in Wexford, Howlin is the son of John and Molly Howlin (née Dunbar), and named after Brendan Corish, the local Labour TD and later leader of the Labour Party. His father is a trade union official who serves as secretary of the Irish Transport and General Workers’ Union (ITGWU) in Wexford for 40 years. He also secures election as a Labour member of Wexford Corporation, where he serves for eighteen years, and is also election agent to Brendan Corish. His mother is also strongly involved in local Labour politics. His brother Ted is a former member of Wexford County Council and Lord Mayor of Wexford. He is raised on William Street in Wexford with his three siblings.

Howlin grows up in Wexford town and is educated locally in the Faythe and at Wexford CBS. He later attends St. Patrick’s College, Dublin, and qualifies as a primary school teacher. During his career as a teacher, he is active in the Irish National Teachers’ Organisation (INTO), before embarking on a career in full-time politics.

Howlin credits his introduction to politics to his involvement in the Irish anti-nuclear movement. The chair of Nuclear Opposition Wexford (NOW), he is involved in the organisation of a protest against the building of a nuclear power plant in Carnsore Point, which draws 40,000 protestors. In 1979, he is asked to run for Wexford Corporation and is selected in his absence but declines to run in order to continue as chair of NOW.

Howlin contests his first general election at the November 1982 Irish general election. He runs as a Labour candidate in the Wexford constituency, but despite the existence of a large left-wing vote in the area, he is not elected. In spite of this setback, a Fine Gael-Labour Party coalition government comes to power, and he is nominated by the Taoiseach, Garret FitzGerald, to serve in Seanad Éireann as a Senator. He secures election to Wexford County Council in 1985 and serves as Mayor of Wexford in 1986.

In 1987, the Labour Party withdraws from the coalition government and a general election is called. Howlin once again contests a seat in Wexford and is elected to Dáil Éireann. Labour are out of office as a Fianna Fáil government takes office. In spite of his recent entry to the Dáil, he is subsequently named Chief Whip of the Labour Party, a position he holds until 1993.

The 1992 Irish general election results in a hung Dáil once again. However, the Labour Party enjoys their best result to date at the time. After negotiations, a Fianna Fáil-Labour Party coalition government comes to office. Howlin joins the cabinet of Taoiseach Albert Reynolds as Minister for Health. During his tenure the development of a four-year health strategy, the identifying of HIV/AIDS prevention as a priority and the securing of a £35 million investment in childcare are advanced. He, however, is also targeted by anti-abortion groups after introducing an act which would allow information regarding abortion.

In 1994, the Labour Party withdraws from government after a disagreement over the appointment of Attorney General Harry Whelehan as a Judge of the High Court and President of the High Court. However, no general election is called and, while it is hoped that the coalition could be revived under the new Fianna Fáil leader Bertie Ahern, the arithmetic of the Dáil now allows the Labour Party to open discussions with other opposition parties. After negotiations a Rainbow Coalition comes to power involving Fine Gael, Labour and Democratic Left. In John Bruton‘s cabinet, he becomes Minister for the Environment.

Following the 1997 Irish general election, a Fianna Fáil-Progressive Democrats coalition government comes to power and the Labour Party returns to the opposition benches. In the announcement of the party’s new front bench, Howlin retains responsibility for the Environment.

In late 1997, Dick Spring resigns as leader of the Labour Party and Howlin immediately throws his hat into the ring in the subsequent leadership election. In a choice between Howlin and Ruairi Quinn, the former gains some early support; however, the leadership eventually goes to Quinn by a significant majority. As a show of unity, Howlin is later named deputy leader of the party and retains his brief as Spokesperson for the Environment and Local Government.

In 2002, following Quinn’s resignation as party leader after Labour’s relatively unsuccessful 2002 Irish general election campaign, Howlin again stands for the party leadership. For the second time in five years, he is defeated for the leadership of the party, this time by Pat Rabbitte, who is formerly a leading figure in Democratic Left. He is succeeded as deputy leader by Liz McManus.

While having been publicly supportive of Rabbitte’s leadership, Howlin is perceived as being the leader of the wing of the party which is sceptical of Rabbitte’s policy with regard to future coalition with Fianna Fáil. Rabbitte explicitly rules out any future coalition with Fianna Fáil, instead forming a formal alliance with Fine Gael in the run-up to the 2007 Irish general election (the so-called Mullingar Accord).

On June 26, 2007, Howlin is appointed the Leas-Cheann Comhairle (deputy chairperson) of Dáil Éireann.

After the 2011 Irish general election, Fine Gael and the Labour Party form a government, and Howlin is appointed to the new office of Minister for Public Expenditure and Reform. In May 2011, he says that over the next 20 years the number of people in Ireland over 65 is set to increase by almost half a million, a situation that could see the annual health budget soar – rising by €12.5 billion in the next decade alone. While reform is a major part of government attempts “to regain full sovereignty over economic policy,” he tells a meeting of the Association of Chief Executives of State Agencies they will in any event face key “imperatives” in coming years. He says a new public spending review, on which he has briefed the cabinet in recent days, will not be a simple assessment of where to make cuts, but will also consider the way public sector services are delivered. He reiterates the government’s commitment not to cut public sector pay, “if the Croke Park Agreement works.” “These are just some of the challenges that our society is facing in the coming decade – crisis or no crisis. In the good times, tackling them was going to be difficult. Today, in these difficult times, tackling them is going to be imperative.” He says Ireland is facing a profound and complex economic crisis “where we are fighting a battle on three fronts – mass unemployment, a major failure in banking, and a fiscal crisis.”

Howlin retains his seat in the Dáil following the 2016 Irish general election, though only six of his Labour colleagues do likewise and the party returns to the opposition benches. Following the resignation of Joan Burton, he contests the 2016 Labour Party leadership election unopposed and is elected Leader of the Labour Party on May 20, 2016.

In March 2018, Howlin criticises Taoiseach Leo Varadkar for failing to personally invite him to accompany him as he meets ambulance crews in Howlin’s constituency of Wexford. Varadkar replies that he has been far too busy dealing with the recent weather crisis and Brexit “to organise invitations to Deputies personally in order that they felt included.” It is separately said of Howlin’s complaint, “It appears that the Taoiseach, the chief executive of the State, needs the imprimatur of local politicians when he enters their bailiwick, and needs to be accompanied and monitored by those same politicians while he is in their realm.”

Alan Kelly challenges Howlin for the party leadership in 2018, stating that he has failed to “turn the ship around.” He states that Kelly’s comments are a disappointing and unnecessary distraction. He also says that there is not a single parliamentary party member that supports the challenge, and that Kelly has the backing of a minority of councillors.

In September 2018, Howlin states that winning 14 seats in the 33rd Dáil is a realistic goal. During the campaign in 2020, he states his wish to end the United States‘s use of Shannon Airport for military related activities. In the 2020 Irish general election, party first preference vote drops to 4.4% of first preference votes and returns 6 seats – a record low. Howlin announces his intention to step down as leader on February 12, 2020. He also says that the Labour Party should not formally enter government, a view that is backed by the parliamentary party. He also states that he will not back any candidate in the following contest. On February 15, 2020, he rules himself out as a candidate for Ceann Comhairle of the 33rd Dáil, with the polling day to elect his successor set for April 3, 2020.

In 2020, Howlin’s legislation (Harassment, Harmful Communications and Related Offences Bill) is passed and signed into law by Michael D. Higgins. This bill makes the distribution of intimate images or “revenge porn” a criminal offense and makes other forms of cyberbullying and harassment punishable.

On October 6, 2023, Howlin announces that he will not contest the next Irish general election.

Howlin is a single man. He has spoken publicly of receiving hate mail relating to his private life and questioning his sexual orientation. In an interview with The Star during the 2002 Labour Party leadership contest, in response to repeated speculation, he announces he is “not gay.”


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The 23rd Government of Ireland is Formed

The 23rd Government of Ireland is formed on January 12, 1993, following the 1992 Irish general election to the 27th Dáil held on November 25, 1992. It is a coalition of Fianna Fáil, with leader Albert Reynolds as Taoiseach, and the Labour Party, with leader Dick Spring as Tánaiste. It is the first time that these two parties are in government together. On each previous occasion Labour was in government, it was a junior coalition party with Fine Gael. The government lasts for 675 days from its appointment until its resignation on November 17, 1994, and continues to carry out its duties for an additional 28 days until the appointment of its successor, giving a total of 703 days.

The 27th Dáil lasts until 1997, but the first government falls in 1994 following the breakdown of relations between the two parties. It is succeeded in December 1994 by the 24th Government, a coalition of Fine Gael, with leader John Bruton as Taoiseach, Labour, with Dick Spring serving again as Tánaiste, and Democratic Left, led by Proinsias De Rossa. This is the only time a government with a new coalition of parties is formed within a single Dáil term.

The 27th Dáil first meets on December 14, 1992. In the debate on the nomination of Taoiseach, Fianna Fáil leader and outgoing Taoiseach Albert Reynolds, Fine Gael leader John Bruton and Labour Party leader Dick Spring are each proposed. None of these proposals are passed by the Dáil: Reynolds receives 68 votes in favour with 94 against, Bruton receives 55 in favour to 107 against, and Spring receives 39 in favour to 122 against. Reynolds resigns as Taoiseach and continues in a caretaker capacity.

On January 12, 1993, Albert Reynolds and John Bruton are again proposed for the nomination of the Dáil for the position of Taoiseach, and on this occasion, the nomination of Reynolds is successful by 102 votes to 60. Reynolds is then appointed as Taoiseach by President Mary Robinson.

After his appointment as Taoiseach by the president, Reynolds proposes the members of the government, and they are approved by the Dáil. They are appointed by the president on the same day.

Harry Whelehan SC is appointed by the president as Attorney General on the nomination of the Taoiseach. He resigns as Attorney General on November 11, 1994, on his nomination as President of the High Court, a position he serves in for only two days. Following Whelehan’s resignation, Eoghan Fitzsimons SC is appointed by the president as Attorney General on the nomination of the Taoiseach.

The Government on the nomination of the Taoiseach appoints Noel Dempsey to the post of Minister of State at the Department of the Taoiseach with special responsibility as Government Chief Whip. The Government on the nomination of the Taoiseach appoints the other Ministers of State as well.

After the sum of European Structural and Investment Funds allocated to Ireland is lower than previously announced, a motion of no confidence is proposed in the government. This is then debated on October 28, 1993, as a motion of confidence in the government, proposed by the Taoiseach. It is approved by a vote of 94 to 55.

In November 1994, following the resignation of Attorney General Harry Whelehan, it emerges that he had failed to expedite the extradition of Fr. Brendan Smyth to Northern Ireland for sexual offences committed against children. The appointment of Whelehan to the court despite this leads to a motion of no confidence in the government. Reynolds responds on November 16 by proposing a motion reaffirming the confidence of the Dáil in the Taoiseach and the Government.

On the following day, November 17, Labour withdraws from the government and Reynolds resigns as Taoiseach. The motion of confidence in the government is withdrawn. Reynolds and the Fianna Fáil ministers continue to carry on their duties until their successors are appointed on December 15.


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Birth of John Costello, Taoiseach and Fine Gael Politician

John Aloysius Costello, Fine Gael politician who serves as Taoiseach from 1948 to 1951 and from 1954 to 1957, Leader of the Opposition from 1951 to 1954 and from 1957 to 1959, and Attorney General of Ireland from 1926 to 1932, is born on June 20, 1891, in Fairview, Dublin. He serves as a Teachta Dála (TD) from 1933 to 1943 and from 1944 to 1969.

Costello is the younger son of John Costello senior, a civil servant, and Rose Callaghan. He is educated at St. Joseph’s, Fairview, and then moves to O’Connell School, for senior classes, and later attends University College Dublin (UCD), where he graduates with a degree in modern languages and law. He studies at King’s Inns to become a barrister, winning the Victoria Prize there in 1913 and 1914. He is called to the Irish Bar in 1914, and practises as a barrister until 1922.

In 1922, Costello joins the staff at the office of the Attorney General in the newly established Irish Free State. Three years later he is called to the inner bar, and the following year, 1926, he becomes Attorney General of Ireland, upon the formation of the Cumann na nGaedheal government, led by W. T. Cosgrave. While serving in this position he represents the Free State at Imperial Conferences and League of Nations meetings.

Costello is also elected a Bencher of the Honourable Society of King’s Inns. He loses his position as Attorney General of Ireland when Fianna Fáil comes to power in 1932. The following year, however, he is elected to Dáil Éireann as a Cumann na nGaedheal TD. Cumann na nGaedheal soon merges with other parties to form Fine Gael.

During the Dáil debate on the Emergency Powers Act 1939, Costello is highly critical of the Act’s arrogation of powers, stating that “We are asked not merely to give a blank cheque, but to give an uncrossed cheque to the Government.” He loses his seat at the 1943 Irish general election but regains it when Éamon de Valera calls a snap election in 1944. From 1944 to 1948, he is the Fine Gael front-bench Spokesman on External Affairs.

In 1948, Fianna Fáil has been in power for sixteen consecutive years and has been blamed for a downturn in the economy following World War II. The 1948 Irish general election results show Fianna Fáil short of a majority, but still by far the largest party, with twice as many seats as the nearest rival, Fine Gael. It appears that Fianna Fáil is headed for a seventh term in government. However, the other parties in the Dáil realise that between them, they have only one seat fewer than Fianna Fáil, and if they band together, they would be able to form a government with the support of seven Independent deputies. Fine Gael, the Labour Party, the National Labour Party, Clann na Poblachta and Clann na Talmhan join to form the first inter-party government in the history of the Irish state.

While it looks as if cooperation between these parties will not be feasible, a shared opposition to Fianna Fáil and Éamon de Valera overcomes all other difficulties, and the coalition government is formed.

Since Fine Gael is the largest party in the government, it has the task of providing a suitable candidate for Taoiseach. Naturally, it is assumed that its leader, Richard Mulcahy, will be offered the post. However, he is an unacceptable choice to Clann na Poblachta and its deeply republican leader, Seán MacBride. This is due to Mulcahy’s record during the Irish Civil War. Instead, Fine Gael and Clann na Poblachta agree on Costello as a compromise candidate. Costello had never held a ministerial position nor was he involved in the Civil War. When told by Mulcahy of his nomination, Costello is appalled, content with his life as a barrister and as a part-time politician. He is persuaded to accept the nomination as Taoiseach by close non-political friends.

During the campaign, Clann na Poblachta had promised to repeal the Executive Authority (External Relations) Act 1936 but does not make an issue of this when the government is being formed. However, Costello and his Tánaiste, William Norton of the Labour Party, also dislike the act. During the summer of 1948, the cabinet discusses repealing the act, however, no firm decision is made.

In September 1948, Costello is on an official visit to Canada when a reporter asks him about the possibility of Ireland leaving the British Commonwealth. For the first time, he declares publicly that the Irish government is indeed going to repeal the External Relations Act and declare Ireland a republic. It has been suggested that this is a reaction to offence caused by the Governor General of Canada at the time, Harold Alexander, 1st Earl Alexander of Tunis, who is of Northern Irish descent and who allegedly arranges to have placed symbols of Northern Ireland in front of Costello at an official dinner. Costello makes no mention of these aspects on the second reading of the Republic of Ireland Bill on November 24 and, in his memoirs, claims that Alexander’s behaviour had in fact been perfectly civil and could have had no bearing on a decision which had already been made.

The news takes the Government of the United Kingdom and even some of Costello’s ministers by surprise. The former had not been consulted and following the declaration of the Republic in 1949, the UK passes the Ireland Act that year. This recognises the Republic of Ireland and guarantees the position of Northern Ireland within the United Kingdom for so long as a majority there want to remain in the United Kingdom. It also grants full rights to any citizens of the Republic living in the United Kingdom. Ireland leaves the Commonwealth on April 18, 1949, when The Republic of Ireland Act 1948 comes into force. Frederick Henry Boland, Secretary of the Department of External Affairs, says caustically that the affair demonstrates that “the Taoiseach has as much notion of diplomacy as I have of astrology.” The British envoy, John Maffey, 1st Baron Rugby, is equally critical of what he calls a “slipshod and amateur” move.

Many nationalists now see partition as the last obstacle on the road to total national independence. Costello tables a motion of protest against partition on May 10, 1949, without result.

In 1950, the independent-minded Minister for Health, Noël Browne, introduces the Mother and Child Scheme. The scheme would provide mothers with free maternity treatment and their children with free medical care up to the age of sixteen, which is the normal provision in other parts of Europe at that time. The bill is opposed by doctors, who fear a loss of income, and Roman Catholic bishops, who oppose the lack of means testing envisaged and fear the scheme could lead to birth control and abortion. The cabinet is divided over the issue, many feeling that the state cannot afford such a scheme priced at IR£2,000,000 annually. Costello and others in the cabinet make it clear that in the face of such opposition they will not support the Minister. Browne resigns from the government on April 11, 1951, and the scheme is dropped. He immediately publishes his correspondence with Costello and the bishops, something which had hitherto not been done. Derivatives of the Mother and Child Scheme are introduced in Public Health Acts of 1954, 1957 and 1970.

The Costello government has a number of noteworthy achievements. A new record is set in housebuilding, the Industrial Development Authority and Córas Tráchtála are established, and the Minister for Health, Noel Browne, with the then new Streptomycin, bring about an advance in the treatment of tuberculosis. Ireland also joins a number of organisations such as the Organization for European Economic Co-operation and the Council of Europe. However, the government refuses to join NATO, allegedly because the British remain in Northern Ireland. The scheme to supply electricity to even the remotest parts of Ireland is also accelerated.

While the “Mother and Child” incident does destabilise the government to some extent, it does not lead to its collapse as is generally thought. The government continues; however, prices are rising, a balance of payments crisis is looming, and two TDs withdraw their support for the government. These incidents add to the pressure on Costello and so he decides to call a general election for June 1951. The result is inconclusive but Fianna Fáil returns to power. Costello resigns as Taoiseach. It is at this election that his son Declan is elected to the Dáil.

Over the next three years while Fianna Fáil is in power a dual-leadership role of Fine Gael is taking place. While Richard Mulcahy is the leader of the party, Costello, who has proved his skill as Taoiseach, remains as parliamentary leader of the party. He resumes his practice at the Bar. In what is arguably his most celebrated case, the successful defence of The Leader against a libel action brought by the poet Patrick Kavanagh, dates from this period. Kavanagh generously praises Costello’s forensic skill, and the two men become friends.

At the 1954 Irish general election Fianna Fáil loses power. A campaign dominated by economic issues results in a Fine Gael-Labour Party-Clann na Talmhan government coming to power. Costello is elected Taoiseach for the second time.

The government can do little to change the ailing nature of Ireland’s economy, with emigration and unemployment remaining high, and external problems such as the Suez Crisis compounding the difficulty. Measures to expand the Irish economy such as export profits tax relief introduced in 1956 would take years have sizable impact. Costello’s government does have some success with Ireland becoming a member of the United Nations in 1955, and a highly successful visit to the United States in 1956, which begins the custom by which the Taoiseach visits the White House each St. Patrick’s Day to present the U.S. President with a bowl of shamrock. Although the government has a comfortable majority and seems set for a full term in office, a resumption of Irish Republican Army (IRA) activity in Northern Ireland and Great Britain causes internal strains. The government takes strong action against the republicans.

In spite of supporting the government from the backbenches, Seán MacBride, the leader of Clann na Poblachta, tables a motion of no confidence, based on the weakening state of the economy and in opposition to the government’s stance on the IRA. Fianna Fáil also tables its own motion of no confidence, and rather than face almost certain defeat, Costello again asks President Seán T. O’Kelly to dissolve the Oireachtas. The general election which follows in 1957 gives Fianna Fáil an overall majority and starts another sixteen years of unbroken rule for the party. Some of his colleagues questioned the wisdom of his decision to call an election. The view is expressed that he was tired of politics and depressed by his wife’s sudden death the previous year.

Following the defeat of his government, Costello returns to the bar. In 1959, when Richard Mulcahy resigns the leadership of Fine Gael to James Dillon, he retires to the backbenches. He could have become party leader had he been willing to act in a full-time capacity. He remains as a TD until 1969, when he retires from politics, being succeeded as Fine Gael TD for Dublin South-East by Garret FitzGerald, who himself goes onto to become Taoiseach in a Fine Gael-led government.

During his career, Costello is presented with a number of awards from many universities in the United States. He is also a member of the Royal Irish Academy from 1948. In March 1975, he is made a freeman of the city of Dublin, along with his old political opponent Éamon de Valera. He practises at the bar until a short time before his death at the age of 84, in Ranelagh, Dublin, on January 5, 1976. He is buried at Dean’s Grange Cemetery in Dublin.


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Birth of David Byrne, Former AG of Ireland and EU Commissioner

David Byrne, Fianna Fáil politician, Irish senior counsel, former Attorney General of Ireland and former European Commissioner for Health and Food Safety, is born in Monasterevin, County Kildare, on April 6, 1947.

Byrne is educated at Newbridge College, County Kildare, University College Dublin (UCD) and King’s Inns, Dublin. He is called to the Bar in 1970 and practises law in the Irish and European Courts. During his student days in Dublin, he founds the Free Legal Advice Centre, a student-run organisation providing legal aid to citizens in association with the legal profession. He campaigns in favour of Irish entry into the European Community (EC) in the 1970s and has been a keen supporter of European integration ever since.

Byrne becomes a Senior Counsel in 1985. He practises in both the Irish courts and the European Court of Justice and also serves as a member of the International Court of Commercial Arbitration from 1990–97.

In 1997 Byrne becomes Attorney General of Ireland in the Fianna Fáil-Progressive Democrats coalition government. As one of the negotiators of the Good Friday Agreement in April 1998, he drafts and oversees the major constitutional amendments required by that agreement, which are approved by Referendum in May 1998. He also advises on the constitutional amendments necessary for Ireland’s ratification of the Treaty of Amsterdam. During his tenure, he establishes the first independent Food Safety Agency in Europe responsible to the Minister for Health.

Byrne is nominated to the European Commission by Taoiseach Bertie Ahern in September 1999, serving as Ireland’s EU Commissioner and has responsibility for Health & Consumer Protection in the Prodi Commission. He continues in that role until replaced as Ireland’s Commissioner by Charlie McCreevy in 2004.

During his time in office, Byrne is a major driving force behind European tobacco control legislation, such as directives banning tobacco advertising and regulating tobacco products, in keeping with the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). Under his leadership, the European Union also creates the European Centre for Disease Prevention and Control (ECDC) in 2004.

When he concludes his Brussels assignment, Byrne acts as World Health Organization (WHO) Special Envoy on the revision of the International Health Regulations (IHR) for a six-month period following a series of outbreaks of SARS and avian influenza.

Byrne is mooted as a potential candidate for the position of Director General of the World Health Organization following the death of the incumbent, Dr Lee Jong-wook in 2006. However, he is eventually not included in the list of thirteen candidates to head the agency.

In December 2006 Byrne is appointed as Chancellor of Dublin City University (DCU). He holds this position until 2011.

After leaving the European Commission, Byrne holds a variety of paid and unpaid positions, including Co-Chair of European Alliance for Personalised Medicine, member of the International Advisory Board of FleishmanHillard, Chairman of the Ethics Committee of the International Prevention Research Institute (IPRI), Chairman of the Advisory Committee of the National Treasury Management Agency (NTMA), of counsel of Wilmer Cutler Pickering Hale and Dorr, Honorary Co-Chair of the World Justice Project (WJP) and a member of the World Prevention Alliamce.