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Birth of Bobby Molloy, Independent Politician

Robert Molloy, independent politician, is born in Galway, County Galway, on July 9, 1936.

Molloy’s father, Michael Edward Molloy, is originally from Ballyhaunis, County Mayo, and runs a successful wholesale drapery business in the city. His mother, Rita Stanley, hails from Clifden, County Galway. He is educated at Coláiste Iognáid and University College Galway. Before entering politics, he works for several years in printing, the clothing industry and his family’s drapery firm.

Molloy is first elected to Dáil Éireann as a Fianna Fáil TD for the Galway West constituency at the 1965 Irish general election. In 1968, he is also elected Mayor of Galway. The following year he was appointed as Parliamentary Secretary to the Minister for Education. 

Molloy’s early political career is marked by his loyalty to Fianna Fáil’s leadership under Taoiseach Jack Lynch. He quickly rises through the ranks and is appointed Minister for Local Government in 1970, a position he holds until 1973. His tenure as Minister for Local Government is characterised by his efforts to modernise and streamline local government structures in Ireland. His tenure in Fianna Fáil sees him as a stalwart of the party’s establishment, though tensions with its leadership grow over the years, particularly with Charles Haughey.

In opposition from 1973, Molloy serves as the frontbench spokesman, where he becomes involved in a high-profile dispute with James Tully, the Labour Minister for Local Government, over the controversial redrawing of constituencies, known as the “Tullymander.” Molloy, along with fellow Fianna Fáil member Brendan Crinion, used Dáil privilege to accuse Tully of having an improper commercial relationship with a builder in County Meath. The accusation is strongly denied by Tully and Molloy and Crinion later withdraw the charge. Despite this, Molloy faces severe repercussions, being forced to resign from his frontbench position. He is subsequently condemned by a judicial tribunal and censured by the Dáil for abusing parliamentary privilege.

When Fianna Fáil returns to office in 1977, Molloy becomes Minister for Defence in the final government of Jack Lynch.

Molloy supports George Colley in the 1979 Fianna Fáil leadership election. Charles Haughey wins the contest and drops Molloy, alongside other opponents, from the cabinet. Thereafter Molloy becomes a member of the Gang of 22 who oppose Haughey’s leadership of the party.

In 1986, Molloy resigns from Fianna Fáil and joins the newly formed Progressive Democrats, spearheaded by Haughey’s arch-rival Desmond O’Malley. Molloy’s move is seen as a major break from the political establishment, as the Progressive Democrats advocate for low-tax, market-oriented economic policies and a more liberal economic agenda. His decision is driven by his dissatisfaction with the direction of Fianna Fáil under Haughey’s leadership and his belief that the party has become increasingly alienating. 

In 1989, Molloy contests the European Parliament elections but is unsuccessful in his attempt. Following the 1989 Irish general election, Molloy, along with newly elected MEP for Munster Pat Cox, represents the Progressive Democrats in the lengthy negotiations with Fianna Fáil to form a coalition government. Once the negotiations conclude, he is reinstated in the Cabinet as Minister for Energy under Taoiseach Charles Haughey, who had previously caused Molloy’s political humiliation a decade earlier. Over the following three years, Molloy and his Progressive Democrat colleague Desmond O’Malley have a working relationship with their former Fianna Fáil colleagues, though tensions grow due to resentment over their presence in the Cabinet. The issue comes to a head when Molloy and O’Malley make it clear they will not serve in a Cabinet that includes Brian Lenihan Snr, following his controversial remarks during the 1990 Irish presidential election about alleged phone calls to President Patrick Hillery from 1982.

In January 1992, Haughey faces further complications when Seán Doherty reveals information about the phone tapping of journalists dating back to 1982. Despite this, the coalition government ends when Albert Reynolds, Haughey’s successor, calls for a general election after accusing O’Malley of giving “dishonest” evidence to the Beef Tribunal. Molloy strongly denounces Reynolds’ accusation, describing it as “outrageous,” and criticises him for what he perceives as a “lack of generosity” in recent North-South negotiations, in which Molloy had represented the Progressive Democrats in talks with British Unionists.

Molloy stands at the European Parliament elections again in 1994 but is again unsuccessful.

Following the 1997 Irish general election, Molloy is part of the negotiations that lead to the formation of a coalition government between the Progressive Democrats and Fianna Fáil. On that occasion, he is appointed as Minister of State at the Department of the Environment and Local Government and sits at cabinet as Minister of State to the Government.

Molloy resigns as a minister and quits politics just before the 2002 Irish general election amid controversy surrounding his involvement in the rape case of Barbara Naughton. The controversy stems from a letter Molloy sent to then Minister for Justice, John O’Donoghue, on behalf of a constituent whose relative had been convicted of rape. The letter, which requests the temporary release of the individual pending an appeal, leads to public criticism. The case is high-profile, involving a Connemara man sentenced to eleven years for the systematic abuse of his young daughter. During the trial, the judge, Philip O’Sullivan, notes that someone acting on Molloy’s behalf had tried to contact him in his chambers to clarify whether he had received certain correspondence from the victim’s sister, which the judge describes as “quite improper.” In response to the backlash, Molloy resigns, describing the letter as a “human error of judgment,” but insisting it was not intended to be dishonest. He retires from politics after the election.

Molloy is a member of Fianna Fáil for over 20 years, but his views are not always in line with the mainstream of the party, particularly under the leadership of Charles Haughey. His decision to leave Fianna Fáil in 1986 and join the Progressive Democrats is motivated by ideological differences, notably the party’s move toward a more conservative, state-controlled economy. Molloy, on the other hand, embraces a platform of fiscal conservatism, with an emphasis on reducing taxes, deregulation, and the liberalisation of the economy.

In terms of social issues, Molloy is ahead of his time in advocating for progressive policies, particularly on women’s rights. In a survey conducted in 1976 by the Women’s Political Association (WPA), Molloy scores among the highest of any member of the Dáil for his progressive stance on issues affecting women. He supports measures such as divorce, contraception, and family law reform, which are seen as highly controversial at the time. His responses to the WPA’s questions reveal that he holds views that are in stark contrast to many of his colleagues within Fianna Fáil. His progressive views on women’s rights are notable, as he is the only member of Jack Lynch’s cabinet who consistently supports reformist policies on issues like family law and the role of women in public life.

In 1972, Molloy marries Phyllis Barry, a Montessori teacher from Foxrock, County Dublin, whose father is a cousin of the executed revolutionary Kevin Barry. The couple meet while campaigning in a by-election in mid-Cork. Together, they have four children: Sinead, Sorcha, Donnacha, and Dara.

Molloy dies at the age of 80 on October 2, 2016, in Salthill, Galway, County Galway. He is buried at Bohermore Cemetery, Bohermore, Galway.


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Birth of Thomas Finlay, Judge, Politician & Barrister

Thomas Aloysius Finlay, Irish judge, politician and barrister, is born on September 17, 1922, in Blackrock, Dublin. He serves as a Teachta Dála (TD) for the Dublin South-Central constituency from 1954 to 1957, a Judge of the High Court from 1971 to 1985, President of the High Court from 1974 to 1985 and Chief Justice of Ireland and a Judge of the Supreme Court from 1985 to 1994.

Finlay is the second son of Thomas Finlay, a politician and senior counsel whose career is cut short by his early death in 1932. He is educated at Clongowes Wood College, University College Dublin (UCD) and King’s Inns. While attending UCD, he is elected Auditor of the University College Dublin Law Society. His older brother, William Finlay, serves as a governor of the Bank of Ireland.

Finlay is called to the Bar in 1944, practicing on the Midlands circuit and becomes a senior counsel in 1961.

Finlay is elected to Dáil Éireann as a Fine Gael TD for the Dublin South-Central constituency at the 1954 Irish general election. He loses his seat at the 1957 Irish general election.

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.

Finlay is subsequently appointed a High Court judge and President of the High Court in January 1974. In 1985, Taoiseach Garret FitzGerald and his government nominates him to the Supreme Court and to the office of Chief Justice of Ireland. On October 10, 1985, he is appointed by President Patrick Hillery to both roles.

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.


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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 Desmond “Des” O’Malley, Irish Politician

Desmond Joseph “Des” O’Malley, Fianna Fáil and Progressive Democrats politician, is born on February 2, 1939, in Limerick, County Limerick.

O’Malley is born into a storied Limerick political family. His maternal grandfather, Denis O’Donovan, is killed during the Irish War of Independence by the Black and Tans, two of his uncles and his father hold the office of Mayor of Limerick, and his uncle Donogh O’Malley is a Minister for Education. He is educated at the Jesuit Crescent College and at University College Dublin (UCD), from which he graduates with a degree in law in 1962.

In 1968, O’Malley enters politics upon the sudden death of his uncle Donogh who, at that the time, is the sitting Minister for Education. He is chosen after Donogh’s widow, Hilda, still in shock at the sudden death of her husband, turns down the opportunity to contest the by-election necessitated by his death.

O’Malley is subsequently elected as a Fianna Fáil TD for the Limerick East constituency in the by-election. Perhaps the first sign of the defiance that would define his career materialises during the 1969 Irish general election when Hilda asks her nephew to step aside and allow her to contest in the Limerick East constituency as the main Fianna Fáil candidate. He refuses and places third in the four-seat constituency, with his aunt, running as an independent, coming in fifth.

Following the general election, O’Malley is appointed Parliamentary Secretary to both Minister for Defence Jim Gibbons and Taoiseach Jack Lynch and serves as Government Chief Whip. In his role as a confidante of Lynch, the political lines within Fianna Fáil that put him on a collision course of over twenty years with Charles Haughey, are drawn. He plays a central role in the Arms Crisis prosecutions of Haughey and Neil Blaney in 1970. After their acquittals, the stage is set within Fianna Fáil for a long-term power struggle that eventually results in O’Malley’s expulsion from the party in 1984.

In the meantime, O’Malley’s next position within Lynch’s government comes when he is made Minister for Justice after Mícheál Ó Móráin is forced to resign due to ill-health. One of the most significant aspects of his legacy transpires during his tenure as Minister for Justice from 1970 to 1973. In response to the ongoing conflict in Northern Ireland, he tries and fails to introduce internment without trial for republicans within the State. He is, however, successful in reintroducing the Offences Against the State Act, which enables convictions for Irish Republican Amy (IRA) membership on the word of a Garda Superintendent, and the Special Criminal Court, a non-jury court presided over by three judges which tries cases of terrorism and serious organised crime.

When Lynch resigns the Fianna Fáil leadership following electoral defeat in 1979, O’Malley and Martin O’Donoghue manage the leadership campaign of George Colley, who subsequently loses to Haughey. Following Haughey’s ascent to leadership, O’Malley retains the industry and commerce ministerial portfolio he had been appointed to following the 1977 Irish general election.

In 1982, after Fianna Fáil loses its majority but stays in government by virtue of a confidence and supply agreement with Sinn Féin – The Workers Party and two independents, O’Malley is appointed Minister for Trade, Commerce and Tourism, but with the death of Colley and the loss of O’Donoghue’s seat, he becomes increasingly isolated within Fianna Fáil.

After the party whip is removed from him in 1984, amidst inter-party wrangling over the New Ireland Forum, O’Malley is expelled from the party the following year, the final straw being his famous “I stand by the Republic” speech in which he announces his intention to abstain on a vote regarding the liberalisation of the sales of contraceptives, which Fianna Fáil opposes.

O’Malley goes on to establish the Progressive Democrats, joined by Mary Harney (who had also been expelled by Fianna Fáil), and later by Fianna Fáil TDs Bobby Molloy and Pearse Wyse, as well as Fine Gael TD Michael Keating. In the 1987 Irish general election, the Progressive Democrats win fourteen seats, making them the third biggest party in the Dáil. Among those elected are O’Malley, his cousin Patrick O’Malley, Anne Colley, daughter of George Colley, Martin Gibbons, son of Jim Gibbons, Michael McDowell and Martin Cullen.

O’Malley’s animus for Haughey does not stop him from entering coalition with Fianna Fáil after the 1989 Irish general election, with him once again appointed Minister for Industry and Commerce. While in government, he finally witnesses the downfall of Haughey in 1992, when he is forced to resign over the emergence of new evidence concerning his tapping of journalists’ phones in the 1980s. The coalition with Fianna Fáil does not last long under new Taoiseach Albert Reynolds, with the Government collapsing after Reynolds accuses O’Malley of dishonesty during the Beef Tribunal.

O’Malley retires as leader of the Progressive Democrats in 1993, and the party moves into opposition, only to re-enter government with Fianna Fáil in 1997, where it remains upon O’Malley’s retirement from politics in 2002.

While the Progressive Democrats no longer exist, they are generally credited with the breaking up of the Fianna Fáil versus Fine Gael dichotomy of Irish politics that had dominated since the founding of the Free State. Since 1922, Irish governments have tended to be either single-party Fianna Fáil cabinets, be they minority or majority, or Fine Gael-led coalitions, typically involving the Labour Party. A Fine Gael-Labour coalition is in power at the time of the founding of the Progressive Democrats, and a single-party government or clear majority has not been won in Ireland since.

O’Malley dies in Dublin on July 21, 2021, at the age of 82, having been in poor health for some time. He is predeceased by his wife, Pat, and survived by their six children, four daughters including the former TD Fiona O’Malley, and two sons.

Perhaps O’Malley’s greatest legacy is the political reality of Ireland today: the low-tax, pro-business economic policies of the Progressive Democrats have been the dominant ideology in the State since the 1990s. Sinn Féin, the party most affected by his measures as Minister for Justice, no longer vote against the retention of the Offences Against the State Act and Special Criminal Court.

(From: “Desmond O’Malley: 1939-2021,” eolas Magazine, http://www.eolasmagazine.ie, August 2021)