Following his exit from politics in 1957, having lost his Dáil seat, Finlay resumes practicing as a barrister. He successfully defends Captain James Kelly in the infamous 1970 arms trial.
In 1971, Finlay is tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill treatment of detainees by security forces in Northern Ireland, they charge the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission rules the complaint admissible.
During this period Finlay presides over a number of landmark cases, including Attorney General v X in 1992, when he overturns a High Court injunction preventing a pregnant teenage rape victim travelling to the UK for an abortion.
When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, seeks disclosure of the cabinet’s minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court deny the request ruling that the concept of collective government responsibility in the Constitution takes precedence.
Finlay announces his resignation as Chief Justice of Ireland and retirement as a judge in 1994.
After his retirement, Finlay presides over a number of public inquiries.
In 1996, Finlay oversees the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road. His report to Bernard Allen, Minister for Sport, is critical of security arrangements on the night and recommends improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shares his report with the British Home Office.
After the collapse of The Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton, receives a damming report from the Competition Authority that Independent Newspapers has abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in The Irish Press. In September 1995, Bruton announces the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland. Minister Bruton appoints 21 people to the commission and appoints Finlay chair. Due to the wide remit and huge number of submissions, the commission’s report is delayed but is eventually published at the end of July recommending widespread reforms.
Following the discovery of the BTSB anti-D scandal, in 1996, Finlay is appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board. The speed and efficiency with which his BTSB Tribunal conducts its business, restores confidence in the Tribunal as a mechanism of resolving great controversies in the public interest.
Finlay also sits on an Irish Rugby Football Union (IRFU) panel to adjudicate on the cases of Rugby players accused of using banned performance-enhancing substances.
Finlay is married to Alice Blayney, who predeceases him in 2012. They have five children, two of whom follow in his family’s legal tradition: his son John being a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allows, he escapes to County Mayo where he indulges his passion for fishing.
Thomas Finlay dies at the age of 95 in Irishtown, Dublin, on December 3, 2017.
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.
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 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.
Doheny receives a rudimentary education from an itinerant scholar while labouring on his father’s holding, and in 1826 attends Maher’s classical academy near Emly for nine months. Educating himself in the late 1820s and early 1830s while teaching the children of local farmers, he determines on a career in law to help secure political redress for the disenfranchised poor. He is admitted to Gray’s Inn in November 1834, enters the King’s Inns, Dublin, in 1835 and is called to the Irish bar in 1838. Settling later that year in Cashel, County Tipperary, he first practises in the local courts and then on the southern circuit. Appointed legal assessor to the borough of Cashel under the Municipal Corporations (Ireland) Act 1840, he successfully prosecutes former borough officers for misappropriation of funds and fraudulent transfer of property, winning wider attention. He had supported the campaign for repeal in the early 1830s, and in 1841 joins Daniel O’Connell‘s Repeal Association, becoming active in forming temperance bands and setting up town meetings. By May 1841 he is on the association’s general committee. O’Connell finds him less tractable than most and is ruffled by his queries into the association’s financial management.
During 1842 Doheny begins to associate with the more militant members of the repeal movement such as Thomas Davis. There is a marked gap in age and class between Doheny and most of this group and some look down on his lack of refinement. Others, however, admire his zeal and sincerity, and an anonymous colleague describes him as “rough, generous, bold, a son of the soil, slovenly in dress, red-haired and red-featured, but a true personification of the hopes, passions, and traditions of the people.” Assisting in the launch of The Nation in October 1842, he is chagrined to find most of his articles rejected as unfit for publication, although fifteen are published between January 1843 and September 1844. He also publishes a competent History of the American Revolution (1846) for The Nation‘s “Library of Ireland” series. More impressive as a speaker than a writer, he contributes regularly to repeal meetings at Conciliation Hall, Burgh Quay, Dublin. He enthuses at the apparent martial potential of the immense, ordered crowds attending the “monster” repeal meetings of 1843, and is one of the main organisers of the Cashel meeting of May 31, 1843, at which he is loudly cheered. However, his later claim to have deliberately set up these meetings, with Davis and John Blake Dillon, on quasi-military lines in order to prepare the peasantry for a future war with Britain, is far-fetched. His opposition to O’Connell’s decision to submit to proclamation of the proposed meeting of October 8, 1843, at Clontarf again greatly irritates O’Connell.
An active member of the Repeal Association parliamentary committee from February 1844, in February and March 1845 Doheny chairs a sub-committee of five senior barristers investigating the legality of withdrawal from the House of Commons by the body of repeal MPs, coming “reluctantly” to the verdict that such an action is open to criminal prosecution. O’Connell’s gruff dismissal of his report testifies to their awkward relationship. He further vexes O’Connell by his advocacy of non-denominational university education during debates over the Maynooth College Act 1845. Irrevocable divisions between the Young Irelanders and O’Connell open up between April and July 1846 when Doheny leads calls for endorsement of the conduct of William Smith O’Brien – imprisoned for a month for refusal to serve on a parliamentary committee – and voices Young Ireland’s martial convictions in a speech at Liverpool. After the secession of the Young Irelanders from the Repeal Association in July 1846, he opposes attempts at reconciliation and is one of the founders of the Irish Confederation on January 13, 1847.
During the summer of 1847, Doheny begins setting up “Confederate Clubs” in east Tipperary and aids James Fintan Lalor in organising a failed tenant league meeting at Holycross, County Tipperary, on September 19. He is one of the few Young Irelanders attracted to Lalor’s revolutionary agrarian philosophy, but supports Smith O’Brien against John Mitchel in January 1848, deploring irresponsible demands for insurrection. However, after Mitchel’s conviction for treason felony in May, he supports armed action. Arrested for seditious speechmaking at Cashel on July 12, he is bailed on July 20. During the confused period of “rebellion” in late July, he attempts to organise the peasantry in Tipperary but is frustrated by O’Brien’s vacillation.
After the collapse of the armed adventure at Ballingarry on July 31, Doheny takes refuge near Slievenamon and, with James Stephens, eludes pursuit for nearly two months, until he finally escapes, disguised as a clergyman, on a cattle-ship from Cork to Bristol. Some days later he reaches Paris, where he stays for two months with Stephens and John O’Mahony before leaving for New York City. Practising law in New York, he dedicates himself to the development of an Irish Americanrepublican movement. Tensions between conservative and radical Young Ireland exiles, perhaps aggravated by social snobbery, surface by late 1849, when he is arrested for attempting to push Thomas D’Arcy McGee into an open cellar on a New York street, angered by accusations of boasting, drunkenness, and incompetence. Similar criticisms are made by John Blake Dillon and appear to have some foundation.
Doheny finds time to write The Felon’s Track (1849), a polemical account of the repeal agitation and the 1848 insurrection that is highly critical of O’Connell. Despite a rambling narrative, it becomes a popular work and is reprinted several times. He also gives several lectures on historical and literary subjects to Irish American societies and contributes a memoir on Geoffrey Keating to O’Mahony’s translation (1857) of Foras Feasa ar Éirinn.
Involved with the New York Irish militia from his arrival, he is elected lieutenant colonel of the 69th Infantry Regiment in November 1851, and in September 1852 becomes colonel of a new regiment, the Irish Republican Rifles. These formations are often wracked by dissension over strategy and leadership, and in February 1856 he and O’Mahony found the Emmet Monument Association, planning to mobilise an Irish American force to invade Ireland. Efforts to acquire Russian backing fails on the close of the Crimean War in March 1857.
In autumn 1857, Doheny and O’Mahony make overtures to James Stephens to reorganise the republican movement in Ireland, and in March 1858 they accept Stephens’s demands for undisputed authority there, though by the winter of 1858–59 Doheny shows increasing distrust of Stephens’s ambitions. Adopting the organisational structure set out by Stephens in establishing the IRB in 1858, he and O’Mahony found the American equivalent, the Fenian Brotherhood, in early 1859, although he plays a subordinate part. In July 1859, he founds and edits a short-lived newspaper in New York, The Phoenix, to promote Fenian ideals. Active in opposing the national petition for self-government of 1860–61, he argues that Britain will only yield to force. He assists in making preparations for the funeral of Terence Bellew MacManus in Ireland and acts as one of the pallbearers in New York. Travelling to Ireland in October 1861, he appears to argue for using the excitement engendered by the funeral to spark an insurrection in Dublin but is thwarted by Stephens.
Doheny dies suddenly on April 1, 1862, in New York and is buried in Calvary Cemetery in the city’s borough of Queens.
(From: “Doheny, Michael” by James Quinn and Desmond McCabe, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
Duffy is born on April 12, 1816, in Dublin Street, Monaghan, County Monaghan. Both of his parents die while he is still a child and his uncle, Fr. James Duffy, who is the Catholic parish priest of Castleblayney, becomes his guardian for a number of years. He is educated at St. Malachy’s College in Belfast and is admitted to the Irish Bar in 1845. He becomes a leading figure in Irish literary circles.
In August 1850, Duffy forms the Tenant Right League to bring about reforms in the Irish land system and protect tenants’ rights, and in 1852 is elected to the House of Commons for New Ross. By 1855, the cause of Irish tenants seems more hopeless than ever. Broken in health and spirit, Duffy publishes a farewell address to his constituency, declaring that he has resolved to retire from parliament, as it is no longer possible to accomplish the task for which he has solicited their votes.
In 1871, Duffy leads the opposition to Premier Sir James McCulloch‘s plan to introduce a land tax, on the grounds that it unfairly penalised small farmers. When McCulloch’s government is defeated on this issue, he becomes Premier and Chief Secretary. The majority of the colony is Protestant, and he is accused of favouring Catholics in government appointments. In June 1872, his government is defeated in the Assembly on a confidence motion allegedly motivated by sectarianism.
When Graham Berry becomes Premier in 1877, he makes Duffy Speaker of the Legislative Assembly, a post he holds without much enthusiasm until 1880, when he quits politics and retires to the south of France. Duffy remains interested in both the politics of his adoptive country and of Ireland. He is knighted in 1873 and is made KCMG in 1877.
Duffy spends his last years in Nice and dies at the age of 86 on February 9, 1903, at his home there, 12 Boulevard Victor Hugo. He is buried at Glasnevin Cemetery, Glasnevin, Dublin on March 8. 1903. The length of his career, the breadth of his experience, and his voluminous labours as a chronicler make him an important figure in the history of Ireland and the Irish diaspora in the nineteenth century. He also deserves attention as the most prominent and articulate Ulster catholic nationalist of his time. There are Duffy papers in the Royal Irish Academy and National Library of Ireland.
Cronin is known as an arts activist as well as a writer. He is Cultural Adviser to TaoiseachCharles Haughey and briefly to Garret FitzGerald. He involves himself in initiatives such as Aosdána, the Irish Museum of Modern Art and the Heritage Council. He is a founding member of Aosdána, and is a member of its governing body, the Toscaireacht, for many years. He is elected Saoi, a distinction for exceptional artistic achievement, in 2003. He is also a member of the governing bodies of the Irish Museum of Modern Art and the National Gallery of Ireland, of which he is for a time Acting Chairman.
His first collection of poems, called simply Poems (Cresset Press, London), is published in 1958. Several collections follow and his Collected Poems (New Island Books, Dublin) is published in 2004. The End of the Modern World (New Island Books, 2016), written over several decades, is his final publication.
Cronin’s novel, The Life of Riley, is a satire on Bohemian life in Ireland in the mid-20th century, while his memoir Dead as Doornails addresses the same subject.
Cronin knows Samuel Beckett from when they do some work for the BBC during the 1950s and 1960s. He gives a prefatory talk to Patrick Magee‘s reading of The Unnamable on the BBC Third Programme. Beckett is not impressed, saying, “Cronin delivered his discourse… It was all right, not very exciting.” Cronin later publishes a biography of him, Samuel Beckett: The Last Modernist (1996), followed on from No Laughing Matter: The Life and Times of Flann O’Brien (1989).
In his later years, Cronin suffers from failing health, which prevents him from traveling abroad, thus limiting his dealings to local matters. He dies in Dublin on December 27, 2016, one day short of his 93rd birthday.
Cronin firstly marries Thérèse Campbell, from whom he separates in the mid-1980s. She dies in 1999. They have two daughters, Iseult and Sarah. Iseult is killed in a road accident in Spain. He secondly marries the writer Anne Haverty who, along with daughter Sarah, survives him.
George Bernard Francis Clarke, Irish barrister who is Chief Justice of Ireland from July 2017 to October 2021, is born on October 10, 1951, in Walkinstown, Dublin. He has a successful career as a barrister for many years, with a broad practice in commercial law and public law. He is the chair of the Bar Council of Ireland between 1993 and 1995. He is appointed to the High Court in 2004 and becomes a judge of the Supreme Court of Ireland in February 2012. Following his retirement from the bench, he returns to work as a barrister. Across his career as a barrister and a judge, he is involved in many seminal cases in Irish legal history.
Clarke is the son of a customs officer who dies when he is aged eleven. His mother is a secretary. He is educated at Drimnagh Castle Secondary School, a Christian Brotherssecondary school in Dublin. He wins the Dublin Junior High Jump Championship in 1969. He studies Economics and Maths at undergraduate level at University College Dublin (UCD), while concurrently studying to become a barrister at King’s Inns. He is the first of his family to attend third level education and is able to attend university by receiving grants. While attending UCD, he loses an election to Adrian Hardiman to become auditor of the Literary and Historical Society (L&H).
Clarke is called to the Bar in 1973 and to the Inner Bar in 1985. He has a practice in commercial, constitutional and family law. Two years after commencing practice he appears as junior counsel for the applicant in State (Healy) v Donoghue before the Supreme Court, which establishes a constitutional right to legal aid in criminal cases.
Clarke represents Michael McGimpsey and his brother Christopher in a challenge against the constitutionality of the Anglo-Irish Agreement, which is ultimately unsuccessful in the Supreme Court in 1988.
Clarke appears for the plaintiff with Michael McDowell and Gerard Hogan in Cox v Ireland in 1990, where the Supreme Court first introduces proportionality into Irish constitutional law and discovers the right to earn a livelihood. He represents Seán Ardagh and the Oireachtas Subcommittee formed after the death of John Carthy in a constitutional case which limits the powers of investigation of the Oireachtas, which leads to the unsuccessful Thirtieth Amendment of the Constitution. In an action taken by tobacco companies to challenge the legality of bans on tobacco advertising, he appears for the State.
Clarke is Chairman of the Bar Council of Ireland from 1993 to 1995. Between 1999 and 2004, he acts as chair of Council of King’s Inns. He is a professor at the Kings’s Inns between 1978 and 1985 and is appointed an adjunct professor at University College Cork (UCC) in 2014. He also serves as an adjunct professor at Trinity College Dublin (TCD).
Clarke acts as a chair of the Employment Appeals Tribunal while still in practice. He is also a steward of the Turf Club and the chairman of Leopardstown Racecourse. He was due to take over as senior steward of the Turf Club but does not do so due to his appointment to the High Court.
Clarke is appointed as a High Court judge in 2004. He is chairman of the Referendum Commission for the second Lisbon Treaty referendum in 2009. As a High Court judge he gives a ruling on the Leas Cross nursing home case against RTÉ, that the public interest justifies the broadcasting of material that otherwise would have been protected by the right to privacy. He frequently presides over the Commercial Court during his time at the High Court. He is involved in the establishment of two High Court lists in Cork, Chancery and a Non-Jury List.
Clarke is appointed to the Supreme Court on February 9, 2012, and serves as Chief Justice from October 2017 until his retirement on October 10, 2021, required by law on his 70th birthday. In March 2021, the Cabinet begins the process of identifying his successor. Donal O’Donnell is selected to replace him. His final day in court is October 8, 2021, where judges, lawyers and civil servants make a large number of tributes to him. Mary Carolan of The Irish Times says that under his leadership the Supreme Court is “perhaps the most collegial it had been in some time.”
Following his retirement from the judiciary, Clarke resumes his practice as a barrister and rejoins the Bar of Ireland. Under the rules of the Bar of Ireland, he cannot appear before a court of equal or lesser jurisdiction to that on which he sat as a judge. Given that he was the most senior judge in Ireland, he cannot appear in any court in Ireland. He can appear in the European Union (EU) courts. However, he indicates his intention to focus on mediation and arbitration work.
Clarke has been married to Dr. Jacqueline Hayden since 1977. They have a son and a daughter. He is interested in rugby and horse racing, at one point owning several horses.
Whiteside is the son of William Whiteside, a clergyman of the Church of Ireland. His father is transferred to the parish of Rathmines but dies when his son is only two years old, leaving his widow in straitened circumstances. She schools her son personally in his early years. He is educated at Trinity College Dublin, enters the Middle Temple, and is called to the Irish bar in 1830.
Whiteside very rapidly acquires a large practice, and after taking silk in 1842 he gains a reputation for forensicoratory surpassing that of all his contemporaries and rivalling that of his most famous predecessors of the 18th century. He defends Daniel O’Connell in the state trial of 1843, and William Smith O’Brien in 1848. His greatest triumph is in the Yelverton case in 1861. He is elected Member of Parliament (MP) for Enniskillen in 1851, and in 1859 becomes an MP for Dublin University. In Parliament, he is no less successful as a speaker than at the bar, and in 1852 is appointed Solicitor-General for Ireland in the first administration of Prime MinisterEdward Smith-Stanley, becoming Attorney-General for Ireland in 1858, and again in 1866. In the same year he is appointed Lord Chief Justice of the Queen’s Bench, having previously turned down offers of a junior judgeship. His reputation as a judge does not equal his reputation as an advocate, although he retains his great popularity. In 1848, after a visit to Italy, he publishes Italy in the Nineteenth Century. In 1870 he collects and republishes some papers contributed many years before to periodicals, under the title Early Sketches of Eminent Persons.
In July 1833, Whiteside marries Rosetta, daughter of William and Rosetta Napier, and sister of Sir Joseph Napier, Lord Chancellor of Ireland. Like his brother-in-law, Joseph, he is devoted to the Church of Ireland and strongly opposes its disestablishment.
Whiteside is universally well-liked, being noted for charm, erudition and a sense of humour. Barristers who practise before him say that his charm, courtesy and constant flow of jokes make appearing in his Court a delightful experience.
Whiteside’s last years on the bench ware affected by ill health. He dies on November 25, 1876, at Brighton, Sussex, England. His brother-in-law, from whom he is estranged in later years, is overcome with grief at his death and collapses at the funeral. He is buried at Mount Jerome Cemetery in Dublin.
(Pictured: Statue of James Whiteside by Albert Bruce-Joy on display in St. Patrick’s Cathedral)
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-partygovernment 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 PresidentSeán 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.
Initially after leaving school Laffoy tries primary school teaching at Carysfort College and joins the civil service. She is subsequently educated at University College Dublin (UCD) and King’s Inns. She receives the John Brooks Scholarship at the Inns for achieving the highest marks. She receives a BA from UCD in 1968 and a BCL in 1971.
Laffoy is called to the Bar in 1971 and to the Inner Bar in 1987. She devils for Brian McCracken. She becomes a Senior Counsel on the same day as future Supreme Court colleagues Susan Denham and Liam McKechnie and at the time is only one of four women seniors.
Laffoy’s expertise at the Bar is in property law. She appears in the Cityview Press case which clarifies the law on the nondelegation doctrine in Ireland. In 1983, she is appointed by the Supreme Court to argue against the constitutionality of the Electoral (Amendment) Bill 1983 following a reference made by PresidentPatrick Hillery under Article 26 of the Constitution of Ireland. She appears in another Article 26 reference made by Mary Robinson regarding the Matrimonial Home Bill 1993. For both references, the Supreme Court finds for her side.
Laffoy is appointed as a judge of the High Court in 1995, primarily presiding over cases involving chancery law.
Laffoy presides over the Commission to Inquire into Child Abuse from 1999 to 2003, an inquiry into child abuse. Her decision to resign as chair before the commission completes its report is controversial. In her letter of resignation from the commission of September 2, 2003, she outlines her belief that the actions of the Government and the Department of Education have frustrated her efforts and have slowed the commission’s work. She feels that “the cumulative effect of those factors effectively negated the guarantee of independence conferred on the Commission and militated against it being able to perform its statutory functions.” The commission is chaired from 2003 to 2009 by Judge Sean Ryan.
Laffoy presides over the High Court hearing in A v Governor of Arbour Hill Prison, ordering the release of a prisoner convicted of statutory rape due an earlier finding that the offence he was convicted of was contrary to the Constitution of Ireland. Her decision is overturned on appeal to the Supreme Court. In 2012, she dismisses an action taken by Thomas Pringle regarding the legality of the European Stability Mechanism. The European Court of Justice, after reference from the Supreme Court, also rejects his claim. During her time at the High Court, ten percent of reported judgments are written by her.
Laffoy is appointed to the Supreme Court of Ireland in July 2013. She retires from the Supreme Court on June 16, 2017. A portrait of her is unveiled in the King’s Inns in March 2020.
In July 2016, Laffoy is appointed by TaoiseachEnda Kenny to chair the Citizens’ Assembly, which she chairs until June 2018. She becomes the president of the Law Reform Commission in 2018.
Christian is considered one of the best Irish lawyers of his time, but as a judge, he regularly courts controversy. His bitter and sarcastic temper and open contempt for most of his colleagues leads to frequent clashes both in Court and in the Press. Though he is rebuked for misconduct several times by the House of Commons, no serious thought seems to be given to removing him from office.
Christian is the third son of George Christian, a solicitor, and his wife Margaret Cormack. He is educated at the Trinity College Dublin, enters Gray’s Inn in 1831 and is called to the Bar of Ireland in 1834. He marries Mary Thomas in 1859 and they have four sons and four daughters. He lives at Ravenswell, Bray, County Wicklow.
Christian’s early years at the Bar are not successful, and he admits to being near to despair at times about his prospects. His practice lays in the Court of Chancery (Ireland). Chancery procedures are extremely complex, and he finds them at first almost unintelligible. Gradually he masters the intricacies of Chancery practice and becomes a leader of the Bar, taking silk in 1841. It is said that his expertise in Chancery procedures leaves even the Lord Chancellor himself quite unable to argue with him.
Christian is appointed Law Adviser to the Lord Lieutenant of Ireland, an influential post which involves assisting the Attorney General and Solicitor General in advising the Crown in 1850, but resigns after only a few months, on the ground that it interferes with his private practice. He is appointed Third Sergeant later the same year but resigns in 1855, allegedly because he is disappointed at not receiving further promotion. Promotion does in time come his way. He is appointed Solicitor General the following year and a judge of the Court of Common Pleas in 1858. He is unusual in having no strong political loyalty. It is said that his political allegiance is known only to himself.
As a judge of the Court of Common Pleas, Christian gets on well with his colleagues, and any dissenting judgements he writes are short and courteous. It is after his appointment as a Lord Justice of Appeal in Chancery in 1867 that his behaviour begins to attract unfavourable comment, as he goes out of his way to court controversy on a wide variety of topics.
Christian develops a deep contempt for the Irish Reports, castigating them in open Court as “nonsense,” “worthless rubbish” and “disjointed twaddle.” All attempts by colleagues to get him to moderate his language fail. He threatens to refuse to let his judgements be reported, and in his last years, his relations with the law reporters are so bad that they simply publish their uncorrected notes of his decisions rather than sending them to the judge for revision.
In 1867 a new office of Vice-Chancellor for Ireland is created. It is filled throughout its existence by one man, Hedges Eyre Chatterton, who retires in 1904. Despite his length of service, he is not considered a judge of the first rank, and Christian evidently combines feelings of professional contempt with a personal dislike for him. Christian usually votes on appeals to overturn his judgments, and frequently adds personal attacks on Chatterton, despite protests from his colleagues. The feud between the two judges reaches the Press in 1870 when The Irish Times, without naming them, quotes one judge’s opinion that another is “lazy, stupid, conceited and dogmatic.” Although Christian denies it, it is universally believed that he is the author of the remarks, which are aimed at Chatterton. Chatterton is fortunate in enjoying the support of the Lord Chancellor of Ireland, Thomas O’Hagan, 1st Baron O’Hagan, who is also on bad terms with Christian.
Christian had worked well with Abraham Brewster, O’Hagan’s predecessor, whom he respected. For O’Hagan on the other hand, he feels the same dislike and contempt which he felt for Chatterton. Although they served together in the Court of Common Pleas without any obvious conflict, Christian considers O’Hagan’s appointment as Lord Chancellor to be a purely political act, and that he is unfit to be either head of the judiciary or an appeal judge in Chancery. He also complains of what he sees as O’Hagan’s laziness, which puts an extra burden on him. During O’Hagan’s first term as Chancellor, Christian subjects him to constant criticism. Unwisely he does not confine these attacks to the Courtroom but publishes numerous pamphlets, which is widely seen as improper conduct in a judge. When O’Hagan becomes Chancellor for the second time, a friend congratulates him on escaping from “the misnamed Christian” who had retired two years earlier.
It is probably Christian’s feud with O’Hagan which leads to his extraordinary decision to publicly attack the House of Lords for reversing, by a majority including O’Hagan, his judgment in O’Rorke v Bolingbroke. In a letter to The Times in 1877, whose content has been described as “astounding,” he questions the Law Lords knowledge of equity. While he singles out Lord Blackburn for criticism, it is likely that he also intends to harm O’Hagan’s reputation.
A major source of contention between Christian and O’Hagan is the Landlord and Tenant (Ireland) Act 1870, which O’Hagan steers through Parliament. The Act provides for compensation for tenants in the event of eviction. Christian, though he is not a landowner and is not as a rule much interested in politics, objects strongly to the policy of the Act, which he believes to be most unjust to landlords. His attacks from the Bench on the Act lead to serious rebukes both from the House of Commons and from the Press, which comment on the impropriety of a judge attacking an Act of Parliament, which it is his duty to enforce.
O’Hagan’s retirement does nothing to lessen Christian’s ill-temper. Other judges come in for attack, including Lord Chief Justice of IrelandJames Whiteside, whom he accuses of speaking constantly on matters of which he is ignorant. In his later years, he seems to be a lonely and isolated figure. His vigorous opposition to the Supreme Court of Judicature (Ireland) Act 1877 is entirely unsuccessful. A feeling of isolation may partly explain his decision to retire, though certainly his increasing deafness also plays a part.
V.T.H. Delaney praises Christian as a great master of equity, a man of great learning and a judge with a great desire to see justice done, but he does not deny that Christian loved controversy. Even his supporters spoke of “arrows too sharply pointed.” Critics spoke of his “spirit of personal sarcasm, cold, keen and cynical.” No doubt Christian was genuinely concerned to uphold high standards of judicial conduct, but as Daire Hogan points out, his own conduct struck most observers as far more improper than anything he complained of in others.
seamus dubhghaill 