seamus dubhghaill

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


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IRA Assassination of MP Robert Bradford

The Rev. Robert J. Bradford, an Ulster Unionist Member of Parliament (MP) for the Belfast South constituency in Northern Ireland, is killed by Provisional Irish Republican Army gunmen on the morning of November 14, 1981, as he sits talking with constituents in a Belfast community center.

The gunmen, who are wearing workmen’s overalls, escape in a car afterward, killing Ken Campbell, a caretaker, as they leave. The people with whom Bradford had been meeting, most of them elderly, dive under tables for cover, and dozens of teenagers dancing nearby break into hysterical tears, but there are no injuries.

The killing is part of an escalation of IRA violence, both in London and in Northern Ireland, after the collapse of the prison hunger strike the previous month. The previous night an IRA bomb damages the London home of Britain’s Attorney General for Northern Ireland, Michael Havers. The home is empty and no one is seriously injured.

Bradford, a 40-year-old Methodist minister who is married and has a 6-year-old daughter, is shot several times, according to witnesses, and he dies almost immediately. His brother, Roy, who lives near the scene of the killing, in South Belfast, is at his side within moments. “But he was unconscious when I reached him, and he only lived for about a minute,” Roy Bradford says. News of the killing arouses fears of a Protestant reaction that could lead to serious civil unrest in Northern Ireland.

John “Jack” Hermon, the Chief Constable of the Royal Ulster Constabulary, issues an appeal to both the Protestant majority and the Roman Catholics to show “good sense and restraint.” He says security is being tightened in the province as a precautionary measure. He orders a wide-ranging search for the gunmen, who number at least three and possibly four, a point upon which the witnesses differ.

Bradford, who has been in Parliament since 1974, is an outspoken critic of the Irish nationalist guerrillas. He repeatedly calls for the reimposition of capital punishment in the province and for other strong deterrent measures.

With the Rev. Ian Paisley, another hard-line Member of Parliament, Bradford had planned to visit the United States In early 1982 to counteract the publicity of the IRA, which depends heavily on the money it receives from its American sympathizers. “There is a need for Americans to recognize that Ulster is not an occupied country,” Bradford says the previous month, “and that our political history is one of which we can be proud.”

The IRA, in a statement claiming responsibility for the killing, calls Bradford “one of the key people responsible for winding up the loyalist paramilitary sectarian machine in the North.” All twelve of Northern Ireland’s Members of Parliament – ten Protestants and two Catholics – are considered likely targets in the sectarian struggle that has claimed 2,100 lives in the province since 1969.

In a statement expressing shock and sympathy, Prime Minister of the United Kingdom Margaret Thatcher says, “We shall pursue with utmost vigor those who committed this wicked act.”

(From: “I.R.A. Gunmen Slay a Protestant M.P.” by William Borders, The New York Times, http://www.nytimes.com, November 15, 1981)


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Death of Terence O’Brien, Catholic Bishop of Emly

Terence Albert O’Brien (Irish: Muiris Ó Briain Aradh), Irish priest of the Dominican Order and Roman Catholic Bishop of Emly, dies on October 30, 1651.

O’Brien is born into the Gaelic nobility of Ireland at CappamoreCounty Limerick in 1601. Both of his parents are from the derbhfine of the last Chief of the Name of Clan O’Brien Arradh and claim lineal descent from Brian Boru. His family owns an estate of 2,500 Irish acres centered around Tuogh, which is later confiscated by the Commonwealth of England. He joins the Dominicans in 1621 at Limerick, where his uncle, Maurice O’Brien, is then prior. He takes the name “Albert” after the Dominican scholar Albertus Magnus. In 1622, he goes to study in Toledo, Spain, returning eight years later to become prior at St. Saviour’s in Limerick. In 1643, he is provincial of the Dominicans in Ireland. In 1647, he is consecrated Bishop of Emly by Giovanni Battista Rinuccini.

During the Irish Confederate Wars, like most Irish Catholics, O’Brien sides with Confederate Ireland. His services to the Catholic Confederation are highly valued by the Supreme Council. He treats the wounded and supports Confederate soldiers throughout the conflict. He is against a peace treaty that does not guarantee Catholic freedom of worship in Ireland and in 1648 signs the declaration against the Confederate’s truce with Murrough O’Brien, 1st Earl of Inchiquin, who has committed atrocities such as the Sack of Cashel against Catholic clergy and civilians, and the declaration against the Protestant royalist leader, James Butler, 1st Duke of Ormond, in 1650 who, due to his failure to resist the Cromwellian conquest of Ireland is not deemed fit to command Catholic troops. He is one of the prelates, who, in August 1650 offers the Protectorate of Ireland to Charles IV, Duke of Lorraine.

In 1651, Limerick is besieged and O’Brien urges a resistance that infuriates the Ormondists and Parliamentarians. Following surrender, he is found ministering to the wounded and ill inside a temporary plague hospital. As previously decided by the besieging army, O’Brien is denied quarter and protection. Along with Alderman Thomas Stritch and English Royalist officer Colonel Fennell, he is tried by a drumhead court-martial and sentenced to death by New Model Army General Henry Ireton. On October 30, 1651, O’Brien is first hanged at Gallows Green and then posthumously beheaded. His severed head is afterward displayed spiked upon the river gate of the city.

After the successful fight that is eventually spearheaded by Daniel O’Connell for Catholic emancipation between 1780 and 1829, interest revives as the Catholic Church in Ireland is rebuilding after three hundred years of being strictly illegal and underground. As a result, a series of re-publications of primary sources relating to the period of the persecutions and meticulous comparisons against archival Government documents in London and Dublin from the same period are made by Daniel F. Moran and other historians.

The first Apostolic Process under Canon Law begins in Dublin in 1904, after which a positio is submitted to the Holy See.

In the February 12, 1915 Apostolic decree, In Hibernia, heroum nutricePope Benedict XV formally authorizes the formal introduction of additional Causes for Roman Catholic Sainthood.

During a further Apostolic Process held in Dublin between 1917 and 1930 and against the backdrop of the Irish War of Independence and the Irish Civil War, the evidence surrounding 260 alleged cases of Roman Catholic martyrdom are further investigated, after which the findings are again submitted to the Holy See.

On September 27, 1992, O’Brien and sixteen other Irish Catholic Martyrs are beatified by Pope John Paul II. June 20th, the anniversary of the 1584 execution of Elizabethan era martyr Dermot O’Hurley, is assigned as the feast day of all seventeen. A large backlighted portrait of him is on display in St. Michael’s Church, Cappamore, County Limerick, which depicts him during The Siege of Limerick.


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Birth of William Joyce, Last Person Executed for Treason in the UK

William Brooke Joyce, an American-born fascist and Nazi propaganda broadcaster during World War II, is born on Herkimer Street in Brooklyn, New York, on April 24, 1906. He has the distinction of being the last person to be executed for treason in the United Kingdom.

Joyce is the eldest of three sons of Michael Joyce, an Irish Catholic from a family of tenant farmers in Ballinrobe, County Mayo, and his wife, Gertrude (née Brooke), who although born in Shaw and Crompton, Lancashire, is from a well-off Anglican Anglo-Irish family of physicians associated with County Roscommon. The Joyces return to Ireland in 1909. William, a precocious child, attends Coláiste Iognáid SJ, a Jesuit school in County Galway, from 1915 to 1921. At the age of fourteen, he abandons Catholicism for Anglicanism, apparently after being told that all non-Catholics, including his mother, would be damned. In adult life he is nominally anglican, though his adherence to Christianity is tenuous.

The Joyces are unionists and teach their children fervent imperialism. During the Irish War of Independence, Joyce openly associates with the Black and Tans and acts as a scout for them. An acquaintance claims that his views are so extreme even loyalists dislike him. On December 9, 1921, he flees to England to join the Worcestershire Regiment and is followed to England in 1923 by the rest of the family. When he enlists, he claims to be eighteen, but after he contracts rheumatic fever, his age is discovered, and he is discharged in March 1922. For a time, he studies mathematics and chemistry at Battersea Polytechnic Institute as a pre-medical student (1922–23), but he leaves of his own accord, with a reputation for laziness and violent political views. His studies in English and history at Birkbeck College are more successful. He is a brilliant linguist and mathematician and graduates BA with first-class honours in 1927. He publishes an academic article on philology and considers progressing to an MA. He later falsely claims that his research had been plagiarised by a Jewish academic. In 1932, he enrolls at King’s College, London, for a Ph.D. in educational psychology.

Joyce is disturbed by the difference between depressed post-war Britain and the imperial ideal that he had imbibed in Galway and is mocked for his outspoken patriotism and obvious Irishness. He identifies strongly with Thomas Carlyle, an earlier angry anti-liberal from the provinces. His life is marked by repeated episodes of hero worship, followed by disillusion and bitter denunciation. In 1923, he joins the British Fascists, an organisation that has a significant Irish loyalist membership, and in 1924 he allies himself with a militant splinter group, the National Fascists. Most British fascists see themselves as Tory auxiliaries, and they often provide a security presence at conservative meetings. On October 22, 1924, while stewarding a meeting addressed by a Jewish conservative candidate, he has his face slashed and is left with a prominent scar across his right cheek. He joins the Conservative Party in 1928 and is active in the Chelsea constituency until 1930, when he is forced out because of his eccentricities and sexual misbehaviour. On April 30, 1927, he marries Hazel Kathleen Barr. They have two daughters but separate in 1935, largely because of his infidelities, heavy drinking, and temper. The marriage is dissolved in 1937.

In November 1933, Joyce abandons his Ph.D. studies to work for Sir Oswald Mosley‘s British Union of Fascists (BUF). By early 1934 he has become its paid publicity director, traveling throughout Britain to organise meetings. He is a powerful, rabble-rousing speaker, driven by an instinctive awareness that vitriolic verbal abuse gives speaker and audience a sense of power and solidarity. MI5 sees him as a compelling, though deranged, personality. On February 8, 1937, he marries Margaret Cairns White, a BUF activist from Lancashire, with whom he had cohabited since 1936.

Joyce leads a BUF faction that favours a recruitment strategy based on uncompromising ideological assertion. This is challenged by populists who prioritise marches and displays and hold that indoctrination should follow membership. In February 1937, he is BUF candidate for the London County Council in Shoreditch. The party wins 14 percent of the vote. In March 1937, he, along with many full-time BUF staff, are sacked when the BUF cuts expenses. But his dismissal also reflects Mosley’s awareness that his obsessive rhetoric repels “respectable” recruits and that he is no longer a biddable, slavish admirer of “the Leader.” He later falsely claims near-exclusive credit for the BUF’s escalating antisemitism, a view that Mosley eventually finds it convenient to adopt in order to evade his own responsibility.

In April 1937, Joyce founds the National Socialist League, helped by a wealthy patron. He supports himself as a private tutor, refusing to take Jewish pupils. He is active in various antisemitic and pro-Nazi groups such as the Right Club and engages in “peace” campaigns based on the view that British interests lay with Germany against Russia. Political marginalisation intensifies his admiration for Nazi Germany and hero worship of Adolf Hitler. By the time of the Munich crisis in 1938, he has decided that if war comes, he will go to Germany, though he also considers moving to Ireland. He renews his British passport for one-year terms in August 1938 and August 1939.

On August 26, 1939, Joyce and his wife leave London for Berlin. He is allegedly tipped off about his impending arrest and internment by an MI5 officer, to whom he had supplied information on communists. His siblings, whom he recruited into his fascist organisations, are variously penalised for his activities. At a loose end in Berlin, he is persuaded by a British associate to become a radio announcer with the English-language service of the Reichs-Rundfunk-Gesellschaft (RRG). He makes his first broadcast on September 6, 1939, and receives a contract in October. He finds in radio an outlet for his forceful style and delight in saying the unsayable, and in the early years of the war takes an exultant pride in recounting Nazi victories. His performances are admired by Joseph Goebbels, whom Joyce, to his regret, never meets. On September 26, 1940, he acquires German citizenship.

The novel experience of hearing the enemy in one’s own living room attracts wide audiences in Britain. Joyce’s practice of naming newly captured prisoners of war in his broadcasts is also a compelling motive for listening. In fact, he tries to recruit British prisoners of war as collaborators. The name “Lord Haw-Haw,” invented by the Daily Express radio critic in September 1939, initially applies to several English-language broadcasters but in time becomes associated with Joyce. He is initially a figure of fun, imitated by comedians, but there are sinister undercurrents of terrifying omnipotence, intensified by his sneering, gloating delivery and his delighted deployment of the “big lie” technique. It is widely believed that British-based fifth columnists supply him with information, that he predicts air raids, and shows minute local knowledge. In time, fear and his growing notoriety feed popular hatred of him in Britain, though his anti-British taunts allegedly win appreciative Irish audiences. He exults that he is daily committing treason and rendering himself liable to the death penalty.

In 1940, Joyce publishes a commissioned self-justifying propaganda work, Twilight over England. His representation of himself echoes that of Hitler in Mein Kampf – the provincial patriot, whose martial sacrifices are betrayed by corrupt elites, learning through poverty the hollowness of bourgeois patriotism and the need to synthesise socialism with nationalism. He shares with his hero a paranoid belief in his own ability to create an alternative reality through language and obstinacy. He dreams of becoming the English Führer.

In Berlin, the Joyces’ marriage comes under increasing strain, marked by drunken rows, domestic violence, and infidelity on both sides, though they retain a fierce mutual fascination. They divorce on August 12, 1941, but remarry on February 11, 1942, while continuing their previous behaviour. As the Axis powers begin to fail, his broadcasts become more defensive, focusing on the Soviet threat. On October 14, 1944, he is awarded the German War Merit Cross, first class. On October 22, he is sworn into the Volkssturm (territorial army) and begins drilling. The Joyces are evacuated from Berlin in March 1945, initially to Apen near the Dutch border and then to Hamburg, where he makes a last, drunken, defiant broadcast on April 30, 1945, the day of Hitler’s death. After an unsuccessful attempt to escape to Sweden, the Joyces hide at Flensburg near the Danish border. On May 28, 1945, he is shot and captured while gathering firewood.

Joyce is brought back to Britain on June 16 after Parliament passed legislation simplifying treason trial procedures. At his September 17-20 trial, he proves his American citizenship, but the court holds that his illegally acquired British passport incurred duties of allegiance. His appeals are rejected by the Court of Appeal and the House of Lords. His fate is influenced by British public opinion, and possibly by a desire to avoid antagonising the Soviet Union. In his death cell he blames the defeat of national socialism on German limitations. He also fantasises that he could have saved Hitler from his incompetent subordinates.

Joyce is hanged by Albert Pierrepoint at Wandsworth Prison on January 3, 1946. Unlike most of his fellow Nazis, he proclaims to the end his allegiance to national socialism and hatred of Jews. He corresponds cheerfully with Margaret, joking evasively about the death camps and expressing a belief that his spirit will survive, watch over her, and continue his work. To neo-Nazis he becomes a martyr. Even among those to whom his activities had been repellent, a significant body of opinion holds he should not have been condemned on a questionable and innovative technicality. The historian A. J. P. Taylor maintains that Joyce was executed for making a false declaration to obtain a passport, a misdemeanour that normally incurs a £2 fine.

In 1976, Joyce is reinterred in Galway as it is feared that a grave in England might become a fascist shrine. Thomas Kilroy‘s play Double Cross (1986) juxtaposes Joyce and Brendan Bracken as Irishmen who reinvented themselves through fantasies of Britishness. The BBC Sound Archive has recordings of some of Joyce’s broadcasts and transcripts of others, collected during the war as evidence for a future treason trial.

(From: “Joyce, William Brooke (‘Lord Haw-Haw’)” by Patrick Maume, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Death of Seán Hales, Political Activist & Member of Dáil Éireann

Seán Hales, Irish political activist and member of Dáil Éireann from May 1921 to December 1922, is shot and killed in Dublin on December 7, 1922, by republican gunmen on orders from Liam Lynch directing the Irish Republican Army (IRA) to kill, amongst others, all deputies and senators who had voted for the Public Safety Act (September 28, 1922) which established military courts with the power to impose the death penalty.

Hales is born John Hales in Ballinadee, Bandon, County Cork, on March 30, 1880, the eldest child of five sons and four daughters of Robert Hales, a farmer, and Margaret (née Fitzgerald) Hales. He is educated at Ballinadee national school and Warner’s Lane school, Bandon. After leaving school he goes to work on his father’s farm. He plays hurling with Valley Rovers GAA club and is the Munster champion in the 56-lb. weight-throwing competition. From an early age he follows in his father’s footsteps and becomes involved in the republican movement.

Hales joins the Irish Volunteers in 1915 and becomes captain of the Ballinadee company in 1916. Arrested under the Defence of the Realm Act after the 1916 Easter Rising, he is imprisoned in Frongoch internment camp in Wales. After his release, in April 1917 he becomes executive of the short-lived Liberty League promoted by Count George Plunkett. When the League merges with Sinn Féin, he helps reorganise the Volunteers. With his brothers, Tom, William, and Donal, he continues his father’s fight on behalf of evicted tenants and becomes involved with the anti-British Bandon People’s Food Committee and the anti-landlord Unpurchased Tenants’ Association. He helps in the Sinn Féin takeover of The Southern Star newspaper and is a member of the new board of directors. In 1919 he becomes battalion commander of the first (Bandon) battalion 3rd Cork Brigade of the Irish Republican Army, the name by which the Irish Volunteers increasingly became known. He leads the attack on Timoleague Royal Irish Constabulary (RIC) barracks in February 1920, and the ambush of an Essex Regiment patrol at Brinny in August 1920. The military patrol at Brinny manages to surprise the ambushers and Lieutenant Tim Fitzgerald of Bandon is the first Volunteer to be killed in action in west Cork. Hales then commands the assault on two truckloads of British troops at Newcestown Cross in which a British officer is killed and several soldiers are wounded.

Hales is appointed section commander of the west Cork flying column in 1920 and takes part in the major action at Crossbarry on March 19, 1921. In retaliation for the burning of the Hales home in March 1921, he leads a contingent of Volunteers and burns Castle Bernard, the residence of the Earl of Bandon. The occupant, Lord Bandon, is held hostage until General Strickland, the British OC in Cork, guarantees he will not execute Volunteers in Cork prison. The British authorities yield and there is an end to the policy of executing prisoners of war in the Cork area.

At the 1921 Irish elections, Hales is elected to the Second Dáil as a Sinn Féin member for the Cork Mid, North, South, South East and West constituency.

At the 1922 Irish general election, Hales is elected to the Third Dáil as a pro-Treaty Sinn Féin Teachta Dála (TD) for the same constituency. He receives 4,374 first preference votes (7.9%). Shortly afterward, the Irish Civil War breaks out between the pro-Treaty faction, who are in favour of setting up the Irish Free State and the anti-Treaty faction, who would not accept the abolition of the Irish Republic.

On December 7, 1922, Hales is killed by anti-Treaty IRA men as he leaves the Dáil. Another TD, Pádraic Ó Máille, is also shot and badly wounded in the incident. His killing is in reprisal for the Free State’s execution of anti-treaty prisoners. In revenge for Hales’ killing, four republican leaders, Joe McKelvey, Rory O’Connor, Liam Mellows and Richard Barrett, are executed the following day, December 8, 1922.

Hales is given a military funeral to the family burial place at St. Patrick’s Cemetery, Bandon.

According to information passed on to playwright Ulick O’Connor, an anti-Treaty IRA volunteer named Owen Donnelly of Glasnevin is responsible for the killing of Hales. Seán Caffrey, an anti-treaty intelligence officer told O’Connor that Donnelly had not been ordered to kill Hales specifically but was following the general order issued by Liam Lynch to shoot all deputies and senators they could who had voted for the Public Safety Act (September 28, 1922) which established military courts with the power to impose the death penalty.

A commemorative statue of Hayes is unveiled at Bank Place in Bandon in 1930.


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The Restoration of Order in Ireland Act 1920 Receives Royal Assent

The Restoration of Order in Ireland Act 1920, an Act of the Parliament of the United Kingdom to address the collapse of the British civilian administration in Ireland during the Irish War of Independence, receives royal assent on August 9, 1920, following a guillotine motion.

In effect a special extension of the Defence of the Realm Acts, the aim of the Act is to increase convictions of nationalist rebels while averting the need to declare martial law. Under Section 3(6) of the Act, military authorities are empowered to jail any Irish person without charge or trial. Secret courts-martial are established, and lawyers (appointed by Crown agents) can be present only if the death penalty is involved. Inquests of military or police actions are banned.

By the middle of 1920, Ireland is in the throes of a full-fledged rebellion that is barely recognized by the British Government in Ireland headquartered in Dublin Castle. The Irish Republican Army (IRA), the military arm of the Dáil Éireann revolutionary government, is engaged in a guerilla campaign to destroy elements of British power, particularly burning down courthouses and attacking members of the Royal Irish Constabulary (RIC), Britain’s police force in the countryside.

The British response to the increase in violence and the assassination of police officers is twofold. To suppress the IRA “murderers,” Major General Hugh Tudor, commander of the RIC and self-styled “Chief of Police,” begins supplementing that body with the employment of World War I veterans known as the “Black and Tans” because of the colour of their surplus World War I uniforms, and an additional temporary force of Auxiliaries. With little discipline and utter indifference to the plight or moral indignation of the Irish population, these groups raid and burn villages, creameries, and farm buildings to intimidate supporters of the IRA.

The second measure is the enactment of the Restoration of Order in Ireland Act (ROIA). The Act is envisioned as a remedy to the problem perceived by Chief Secretary for Ireland Sir Hamar Greenwood that “throughout the greater part of Ireland criminal justice can no longer be administered by the ordinary constitutional process of trial by judge and jury.”

The genesis of the Act may be seen in a Cabinet discussion on May 31, 1920, in which the members focus on the violence in Ireland. Rather than addressing violence as the product of rebellion, Greenwood insists that, “The great task is to crush out murder and arson.” He asserts that the violence is perpetrated by handsomely paid thugs. Commenting on a pending Irish bill, Secretary of State for War Winston Churchill states, “You should include in the Bill a special tribunal for trying murderers. It is monstrous that we have some 200 murders, and no one hung.” The prime minister agrees that convicted murderers should be hanged but questions whether convictions can be obtained from Catholics. The concern of all is that the civil courts are incapable of strictly administering justice to the revolutionaries because the juries largely consisted of Irish Catholics. The ensuing discussion of possibly imposing court-martial jurisdiction is inconclusive.

After the May 31 meeting, Greenwood investigates the feasibility of imposing martial law in Ireland and raises martial law as the specific subject of a July 23, 1920, conference committee meeting of the Cabinet led by Prime Minister David Lloyd George to which the key members of the Dublin Castle administration are invited. William E. Wylie, the law advisor at Dublin Castle, notes that the RIC is disintegrating through resignations brought on by terrorist attacks, and that with “regard to the Civil Courts, the entire administration of the Imperial Government had ceased.” The civilian participants from Dublin Castle, especially Wylie, maintain that martial law is counter-productive, and will only antagonize the Irish people. As an alternative to martial law, General Tudor argues for the imposition of court-martial jurisdiction. Tudor argues forcefully that court-martial jurisdiction over all crimes will support the Black and Tans and Auxiliaries that he is recruiting. He declaims that “not a single criminal had been brought to justice for murder.” Lloyd George closes the discussion directing the Dublin Castle participants to provide final proposals for enforcement of the laws.

A draft bill to establish military criminal jurisdiction is considered by the Cabinet on July 26. The prime minister’s most telling contribution is his question as to whether a convicted man would be shot or hanged. It appears that he is comforted by the response that the defendant will be tried under the ordinary law which implies death by hanging. The resulting bill is completed by July 30, 1920, and is then quickly pushed through Parliament and receives royal assent on August 9, 1920. The ROIA provides that all crimes punishable under the laws in Ireland can be brought before a court-martial. The court-martial will have the power to impose any punishment authorized by statute or common law including the death penalty. The final step is taken on August 20, 1920, when the final regulations for implementation go into effect.

The combination of growing police and military pressure and recourse to the ROIA lead to increased internments of known or suspected IRA members and a steady increase in convictions to 50-60 per week. This makes it more difficult for IRA soldiers to continue openly working day jobs while carrying on part-time guerrilla activities. As a result, the IRA shifts its approach to guerrilla warfare in the rural counties. Volunteers from IRA units are organized into elite, full-time, mobile flying columns of around 25 men who live off the land and on the run. These flying columns prove to be more suited to ambushes of patrols and convoys and other targets of opportunity, rather than attacks on barracks which had become better defended.

On December 10, 1920, martial law is proclaimed in counties Cork, Kerry, Limerick, and Tipperary. In January 1921 martial law is extended to counties Clare and Waterford.

In a crucial judgement, R (Egan) v Macready, the Irish courts rule that the Act does not give power to impose the death penalty. This would no doubt have proved politically contentious had not hostilities ended the same day.

Despite its name, the courts are of the view that ROIA applies in England as well. Following the creation of the Irish Free State, when the Act is repealed by implication, it is still used to deport ex-members of the Irish Self-Determination League to Ireland.


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Death of James Orr, Weaver, Radical & Poet

James Orr, weaver, radical, and poet, dies on April 24, 1816.

Orr is the son of James Orr, who farms a few acres and is a linen weaver. His mother’s name is unknown. They live in the small village of Ballycarry, in the parish of Broadisland, County Antrim. He is an only child, born when his parents are middle-aged. They are unwilling to risk sending him to school, so they carefully educate him at home, his father having been very well educated. A near-contemporary source George Pepper (1829), claims that the youngster is something of a prodigy, able to read Spectator essays at the age of six. Later in life, partly thanks to membership of a local reading society, he is remarkably well read. Handloom weavers are reputedly one of the most literate and politically radical groups in the period, and he certainly fits the stereotype. Pepper also claims that William Orr is James Orr’s uncle, and that the younger man lives for three years with William Orr and his family, where his literary talents are nurtured and where he develops an interest in radical politics. Other sources do not support this account, but if there is a relationship it might explain an almost morbid interest in assizes, executions, and gallows, evident in several poems. This also might have been prompted by witnessing William Orr’s trial and execution.

Pepper “heard from good authority” that Orr in 1797 is secretary to the Antrim Association, of which William Orr is president; presumably this means the Society of United Irishmen. He sings a patriotic song called “The Irishman,” one of his most celebrated compositions, at a meeting of that body. The earliest publications traced are poems published pseudonymously (1796–97) in the Northern Star newspaper. This paper, edited by Samuel Neilson, is sympathetic to United Irish views, and it is clear that Orr, like many of his neighbours, is actively involved in the 1798 rebellion. Several poems dealing with the events of June 1798, provide a rare participant’s perspective. He takes part in the skirmish at Donegore, and flees after the defeat at the Battle of Antrim. Local sources record his successful efforts to prevent cruelty and looting by his colleagues. He goes into hiding in an Irish-speaking area, perhaps in the Glens of Antrim or in the Sperrin Mountains. After a short time, he escapes to the United States, but unlike many of his former comrades he finds himself unable to settle there, and very soon returns home to Ballycarry, and thenceforth makes his living as a weaver. In 1800, he seeks to join the militia set up to counter a feared Napoleonic invasion, but the local gentry in command rejects his application because of his United Irish associations.

Orr’s first verses are composed at meetings of a local singing school, where rival versifiers produce impromptu verses for the company to sing to the psalm tunes being practised, and he later writes songs for masonic meetings. He publishes poems in the Belfast newspapers. A few carefully written essays on morality and education, signed “Censor, Ballycarry,” are apparently also his work. A collection of poems is published in 1804, with almost 400 subscribers, and another selection is published in 1817 after his death by his friend Archibald McDowell. Orr had requested that the proceeds should go to help the poor of Ballycarry. His poems are an excellent source of information about the life and concerns of a fairly humble stratum of late eighteenth-century Ulster society.

Many of Orr’s best poems deal with subjects of interest to his community – weaving, social life, and farming – and are written in the Scots language still widely spoken in the area. He expertly uses Scots stanza forms, and joyously participates in the almost competitive composition of verse typical of the Scots tradition. Several of his poems rework themes found in Robert Burns or other earlier writers. His An Irish Cottier’s Death and Burial is derived from a Burns poem, The Cottier’s Saturday Night, but later critics acknowledge that the Orr poem is much more successful. He and his friend Samuel Thomson are pioneers in the use of written Scots in Ulster and are regarded as the two most skillful Scots poets in Ulster. Both are celebrated in their day, and their work in Scots has been rediscovered in the twentieth-century revival of interest in the traditional literature and history of the north of Ireland.

Orr’s verse in standard English is equally competent, even more ambitious and almost as interesting. The best of his work, particularly in Scots, is characterised by pleasing cadences and assured control of tone and technique. His novel and generally impressive experiments with soliloquies, verse epistles, and versified direct speech, in English and Scots, parallel his interest in extending the registers in which he could use the vernacular Scots language. He seems not to have known of William Wordsworth‘s poetry, but, apparently independently and arguably more successfully, produces verse written in “the language really used by men” (Wordsworth, preface to Lyrical Ballads (1798)). As well as fascinating foreshadowings of romanticism, his work more often reveals the influence of the enlightenment and of New Light presbyterianism. He is a member of the congregation of the Rev. John Bankhead, whose theological views are decidedly liberal, tending even towards unitarianism. His poems provide a great deal of evidence on his reading, interests, radical aspirations and convictions; and in them and in the prose essays, the reader encounters a humane and generous personality. Like many other United Irishmen, he is an enthusiastic freemason, and believes that freemasonry and education will help to usher in a peaceful millennium. His poetry reveals humanitarian concerns, not yet common in the period. He opposess slavery and cruelty to animals and children and expresses support for a contemporary popular rising in Haiti. In 1812, he signs a petition in favour of Catholic emancipation.

Orr never marries. His friend McDowell believes that the resulting lack of domestic comforts drives the poet to socialise in taverns, and it is said that local fame and popularity encourages his excessive drinking. He suffers from ill health in later life. A neglected cold in 1815 leads to tuberculosis. He dies on April 24, 1816, and is buried in the old Templecorran graveyard at Ballycarry. Some years later, freemasons erect an impressive monument over the grave.

Orr’s poems are republished by a group of local enthusiasts in 1935. Another selection appears in 1992. A plaque put up by the local district council commemorates “the bard of Ballycarry,” probably the most significant eighteenth-century English-language poet in Ulster.

(From: “Orr, James” by Linde Lunney, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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The Execution of William Joyce

William Brooke Joyce, an American-born fascist and Nazi propaganda broadcaster during World War II, is hanged in Wandsworth Prison by Albert Pierrepoint on January 3, 1946, making him the last person to be executed for treason in the United Kingdom.

Joyce is born on April 24, 1906, in Brooklyn, New York, the eldest of three sons of Michael Joyce, an Irish Catholic from a family of tenant farmers in Ballinrobe, County Mayo, and his wife, Gertrude (née Brooke), who although born in Shaw and Crompton, Lancashire, is from a well-off Anglican Anglo-Irish family of physicians associated with County Roscommon. The Joyces return to Ireland in 1909. William, a precocious child, attends Coláiste Iognáid SJ, a Jesuit school in County Galway, from 1915 to 1921. At the age of fourteen, he abandons Catholicism for Anglicanism, apparently after being told that all non-Catholics, including his mother, would be damned. In adult life he is nominally anglican, though his adherence to Christianity is tenuous.

The Joyces are unionists and teach their children fervent imperialism. During the Irish War of Independence, Joyce openly associates with the Black and Tans and acts as a scout for them. An acquaintance claims that his views are so extreme even loyalists dislike him. On December 9, 1921, he flees to England to join the Worcestershire Regiment and is followed to England in 1923 by the rest of the family. When he enlists, he claims to be eighteen, but after he contracts rheumatic fever, his age is discovered, and he is discharged in March 1922. For a time, he studies mathematics and chemistry at Battersea Polytechnic Institute as a pre-medical student (1922–23), but he leaves of his own accord, with a reputation for laziness and violent political views. His studies in English and history at Birkbeck College are more successful. He is a brilliant linguist and mathematician and graduates BA with first-class honours in 1927. He publishes an academic article on philology and considers progressing to an MA. He later falsely claims that his research had been plagiarised by a Jewish academic. In 1932, he enrolls at King’s College, London, for a Ph.D. in educational psychology.

Joyce is disturbed by the difference between depressed post-war Britain and the imperial ideal that he had imbibed in Galway and is mocked for his outspoken patriotism and obvious Irishness. He identifies strongly with Thomas Carlyle, an earlier angry anti-liberal from the provinces. His life is marked by repeated episodes of hero worship, followed by disillusion and bitter denunciation. In 1923, he joins the British Fascists, an organisation that has a significant Irish loyalist membership, and in 1924 he allies himself with a militant splinter group, the National Fascists. Most British fascists see themselves as Tory auxiliaries, and they often provide a security presence at conservative meetings. On October 22, 1924, while stewarding a meeting addressed by a Jewish conservative candidate, he has his face slashed and is left with a prominent scar across his right cheek. He joins the Conservative Party in 1928 and is active in the Chelsea constituency until 1930, when he is forced out because of his eccentricities and sexual misbehaviour. On April 30, 1927, he marries Hazel Kathleen Barr. They have two daughters but separate in 1935, largely because of his infidelities, heavy drinking, and temper. The marriage is dissolved in 1937.

In November 1933, Joyce abandons his Ph.D. studies to work for Sir Oswald Mosley‘s British Union of Fascists (BUF). By early 1934 he has become its paid publicity director, traveling throughout Britain to organise meetings. He is a powerful, rabble-rousing speaker, driven by an instinctive awareness that vitriolic verbal abuse gives speaker and audience a sense of power and solidarity. MI5 sees him as a compelling, though deranged, personality. On February 8, 1937, he marries Margaret Cairns White, a BUF activist from Lancashire, with whom he had cohabited since 1936.

Joyce leads a BUF faction that favours a recruitment strategy based on uncompromising ideological assertion. This is challenged by populists who prioritise marches and displays and hold that indoctrination should follow membership. In February 1937, he is BUF candidate for the London County Council in Shoreditch. The party wins 14 per cent of the vote. In March 1937, he, along with many full-time BUF staff, are sacked when the BUF cuts expenses. But his dismissal also reflects Mosley’s awareness that his obsessive rhetoric repels “respectable” recruits and that he is no longer a biddable, slavish admirer of “the Leader.” He later falsely claims near-exclusive credit for the BUF’s escalating antisemitism, a view that Mosley eventually finds it convenient to adopt in order to evade his own responsibility.

In April 1937, Joyce founds the National Socialist League, helped by a wealthy patron. He supports himself as a private tutor, refusing to take Jewish pupils. He is active in various antisemitic and pro-Nazi groups such as the Right Club and engages in “peace” campaigns based on the view that British interests lay with Germany against Russia. Political marginalisation intensifies his admiration for Nazi Germany and hero worship of Adolf Hitler. By the time of the Munich crisis in 1938, he has decided that if war comes, he will go to Germany, though he also considers moving to Ireland. He renews his British passport for one-year terms in August 1938 and August 1939.

On August 26, 1939, Joyce and his wife leave London for Berlin. He is allegedly tipped off about his impending arrest and internment by an MI5 officer, to whom he had supplied information on communists. His siblings, whom he recruited into his fascist organisations, are variously penalised for his activities. At a loose end in Berlin, he is persuaded by a British associate to become a radio announcer with the English-language service of the Reichs-Rundfunk-Gesellschaft (RRG). He makes his first broadcast on September 6, 1939, and receives a contract in October. He finds in radio an outlet for his forceful style and delight in saying the unsayable, and in the early years of the war takes an exultant pride in recounting Nazi victories. His performances are admired by Joseph Goebbels, whom Joyce, to his regret, never meets. On September 26, 1940, he acquires German citizenship.

The novel experience of hearing the enemy in one’s own living room attracts wide audiences in Britain. Joyce’s practice of naming newly captured prisoners of war in his broadcasts is also a compelling motive for listening. In fact, he tries to recruit British prisoners of war as collaborators. The name “Lord Haw-Haw,” invented by the Daily Express radio critic in September 1939, initially applies to several English-language broadcasters but in time becomes associated with Joyce. He is initially a figure of fun, imitated by comedians, but there are sinister undercurrents of terrifying omnipotence, intensified by his sneering, gloating delivery and his delighted deployment of the “big lie” technique. It is widely believed that British-based fifth columnists supply him with information, that he predicts air raids, and shows minute local knowledge. In time, fear and his growing notoriety feed popular hatred of him in Britain, though his anti-British taunts allegedly win appreciative Irish audiences. He exults that he is daily committing treason and rendering himself liable to the death penalty.

In 1940, Joyce publishes a commissioned self-justifying propaganda work, Twilight over England. His representation of himself echoes that of Hitler in Mein Kampf – the provincial patriot, whose martial sacrifices are betrayed by corrupt elites, learning through poverty the hollowness of bourgeois patriotism and the need to synthesise socialism with nationalism. He shares with his hero a paranoid belief in his own ability to create an alternative reality through language and obstinacy. He dreams of becoming the English Führer.

In Berlin, the Joyces’ marriage comes under increasing strain, marked by drunken rows, domestic violence, and infidelity on both sides, though they retain a fierce mutual fascination. They divorce on August 12, 1941, but remarry on February 11, 1942, while continuing their previous behaviour. As the Axis powers begin to fail, his broadcasts become more defensive, focusing on the Soviet threat. On October 14, 1944, he is awarded the German War Merit Cross, first class. On October 22, he is sworn into the Volkssturm (territorial army) and begins drilling. The Joyces are evacuated from Berlin in March 1945, initially to Apen near the Dutch border and then to Hamburg, where he makes a last, drunken, defiant broadcast on April 30, 1945, the day of Hitler’s death. After an unsuccessful attempt to escape to Sweden, the Joyces hide at Flensburg near the Danish border. On May 28, 1945, he is shot and captured while gathering firewood.

Joyce is brought back to Britain on June 16 after Parliament passed legislation simplifying treason trial procedures. At his September 17-20 trial, he proves his American citizenship, but the court holds that his illegally acquired British passport incurred duties of allegiance. His appeals are rejected by the Court of Appeal and the House of Lords. His fate is influenced by British public opinion, and possibly by a desire to avoid antagonising the Soviet Union. In his death cell he blames the defeat of national socialism on German limitations. He also fantasises that he could have saved Hitler from his incompetent subordinates.

Joyce is hanged at Wandsworth Prison on January 3, 1946. Unlike most of his fellow Nazis, he proclaims to the end his allegiance to national socialism and hatred of Jews. He corresponds cheerfully with Margaret, joking evasively about the death camps and expressing a belief that his spirit will survive, watch over her, and continue his work. To neo-Nazis he becomes a martyr. Even among those to whom his activities had been repellent, a significant body of opinion holds he should not have been condemned on a questionable and innovative technicality. The historian A. J. P. Taylor maintains that Joyce was executed for making a false declaration to obtain a passport, a misdemeanour that normally incurs a £2 fine.

In 1976, Joyce is reinterred in Galway as it is feared that a grave in England might become a fascist shrine. Thomas Kilroy‘s play Double Cross (1986) juxtaposes Joyce and Brendan Bracken as Irishmen who reinvented themselves through fantasies of Britishness. The BBC Sound Archive has recordings of some of Joyce’s broadcasts and transcripts of others, collected during the war as evidence for a future treason trial.

(From: “Joyce, William Brooke (‘Lord Haw-Haw’)” by Patrick Maume, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Birth of Seán Hales, Political Activist & Member of Dáil Éireann

Seán Hales, Irish political activist and member of Dáil Éireann from May 1921 to December 1922, is born in Ballinadee, Bandon, County Cork, on March 30, 1880.

Hales is born John Hales, eldest child of five sons and four daughters of Robert Hales, a farmer, and Margaret (née Fitzgerald) Hales. He is educated at Ballinadee national school and Warner’s Lane school, Bandon. After leaving school he goes to work on his father’s farm. He plays hurling with Valley Rovers GAA club and is the Munster champion in the 56-lb. weight-throwing competition. From an early age he follows in his father’s footsteps and becomes involved in the republican movement.

Hales joins the Irish Volunteers in 1915 and becomes captain of the Ballinadee company in 1916. Arrested under the Defence of the Realm Act after the 1916 Easter Rising, he is imprisoned in Frongoch internment camp in Wales. After his release, in April 1917 he becomes executive of the short-lived Liberty League promoted by Count George Plunkett. When the League merges with Sinn Féin, he helps reorganise the Volunteers. With his brothers, Tom, William, and Donal, he continues his father’s fight on behalf of evicted tenants and becomes involved with the anti-British Bandon People’s Food Committee and the anti-landlord Unpurchased Tenants’ Association. He helps in the Sinn Féin takeover of The Southern Star newspaper and is a member of the new board of directors. In 1919 he becomes battalion commander of the first (Bandon) battalion 3rd Cork Brigade of the Irish Republican Army, the name by which the Irish Volunteers increasingly became known. He leads the attack on Timoleague Royal Irish Constabulary (RIC) barracks in February 1920, and the ambush of an Essex Regiment patrol at Brinny in August 1920. The military patrol at Brinny manages to surprise the ambushers and Lieutenant Tim Fitzgerald of Bandon is the first Volunteer to be killed in action in west Cork. Hales then commands the assault on two truckloads of British troops at Newcestown Cross in which a British officer is killed and several soldiers are wounded.

Hales is appointed section commander of the west Cork flying column in 1920 and takes part in the major action at Crossbarry on March 19, 1921. In retaliation for the burning of the Hales home in March 1921, he leads a contingent of Volunteers and burns Castle Bernard, the residence of the Earl of Bandon. The occupant, Lord Bandon, is held hostage until General Strickland, the British OC in Cork, guarantees he will not execute Volunteers in Cork prison. The British authorities yield and there is an end to the policy of executing prisoners of war in the Cork area.

At the 1921 Irish elections, Hales is elected to the Second Dáil as a Sinn Féin member for the Cork Mid, North, South, South East and West constituency.

At the 1922 Irish general election, Hales is elected to the Third Dáil as a pro-Treaty Sinn Féin Teachta Dála (TD) for the same constituency. He receives 4,374 first preference votes (7.9%). Shortly afterward, the Irish Civil War breaks out between the pro-Treaty faction, who are in favour of setting up the Irish Free State and the anti-Treaty faction, who would not accept the abolition of the Irish Republic.

On December 7, 1922, Hales is killed by anti-Treaty IRA men as he leaves the Dáil. Another TD, Pádraic Ó Máille, is also shot and badly wounded in the incident. His killing is in reprisal for the Free State’s execution of anti-treaty prisoners. In revenge for Hales’ killing, four republican leaders, Joe McKelvey, Rory O’Connor, Liam Mellows and Richard Barrett, are executed the following day, December 8, 1922.

Hales is given a military funeral to the family burial place at St. Patrick’s Cemetery, Bandon.

According to information passed on to playwright Ulick O’Connor, an anti-Treaty IRA volunteer named Owen Donnelly of Glasnevin is responsible for the killing of Hales. Seán Caffrey, an anti-treaty intelligence officer told O’Connor that Donnelly had not been ordered to kill Hales specifically but was following the general order issued by Liam Lynch to shoot all deputies and senators they could who had voted for the Public Safety Act (September 28, 1922) which established military courts with the power to impose the death penalty.

A commemorative statue of Hayes is unveiled at Bank Place in Bandon in 1930.


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Execution of William Orr, Member of the United Irishmen

William Orr, a member of the United Irishmen, is executed by the British on October 14, 1797, in what is widely believed at the time to be “judicial murder” and whose memory leads to the rallying cry “Remember Orr” during the Irish Rebellion of 1798. He is regarded as the first United Irish martyr.

Little is known of Orr’s early life. He is born in 1766 to a Presbyterian farming family and bleach-green proprietor, at Ferranshane outside Antrim town. The family is in comfortable circumstances and, as a result, he receives a good education. His appearance and manner are at the time considered noteworthy as he stands 6′ 2″ in height and is always carefully and respectably dressed, a familiar feature in his apparel being a green necktie, which he wears “even in his last confinement.” His popularity amongst his countrymen is also noted, particularly among the Northern Presbyterian patriots. He becomes active in the Irish Volunteers and then joins the United Irishmen. Sometime in the mid-1790s, he contributes several articles to their newspaper, the Northern Star.

Orr is charged at Carrickfergus Town Hall with administering the United Irishmen oath to a soldier named Hugh Wheatly, an offence which had recently been deemed a capital charge under the 1796 Insurrection Act. The offence is aggravated from a legal point of view because of the allegation that it is a serving soldier whom he is alleged to have administered the oath to. The prosecution makes the most of this “proof” of the “treasonable” aim of the United Irishmen to “seduce from their allegiance” the “men who are the Kingdom’s only safeguard against the foreign foe.”

The United Irishmen know from the evidence of some of their own number that Orr had not administered the oath on the occasion alleged. They also have the evidence of another eyewitness, James “Jemmy” Hope. The soldier witness Wheatly perjures himself and it is proved he is of bad character. The person who did tender the oath is a well-known member of the Society, William McKeever, who subsequently escapes to the United States. It is widely believed at the time that the authorities wish to make an example of Orr to act as a deterrent to potential United Irishmen recruits.

The actual case, which does not appear in the course of the proceedings but everyone, according to T. A. Jackson, is “in the know” and fully aware that the United Irishmen’s oath had been administered to a soldier “whether it was Orr or another who administered the oath was merely incidental.”

Orr is represented by John Philpot Curran, and the trial leads to a speech, which, according to T. A. Jackson, “is among the most remarkable of his many remarkable speeches.” It is a charge of libel against the Press newspaper, the journal founded by Arthur O’Connor to replace the Northern Star. The Press had published an open letter to the Viceroy, remarking scornfully on his refusal to show clemency to Orr. Curran’s defence is a counter-attack — an indictment of the Government, root and branch.

The only evidence used against Orr is the unsupported evidence of the soldier Wheatly and after hearing Curran’s defence of the prisoner, “there could be no possible doubt of his innocence.” Even the presiding judge, Barry Yelverton, 1st Viscount Avonmore, is said to have shed tears at the passing of the death sentence, although Orr’s friend, the poet and United Irishman William Drennan expresses his disgust at this display with the words “I hate those Yelvertonian tears.”

The sentence was hardly passed on Orr when regret is to seize on those who had aided in securing that verdict. The witness Wheatly, who subsequently goes insane and is believed to have died by his own hand, makes an affidavit before a magistrate admitting that he had sworn wrongly against Orr. Two members of the jury make depositions stating that they had been “induced to join in the verdict of guilty while under the influence of drink,” while two others swear that they had “been terrified into the same course by threats of violence.”

These particulars are placed before the Viceroy, but Lord Camden, the Lord Lieutenant of Ireland, is “deaf to all appeals” (including from his sister Lady Londonderry). “Well might Orr exclaim within his dungeon” he said “that the Government had laid down a system having for its object murder and devastation.”

Though his execution is postponed three times, Orr is hanged in the town of Carrickfergus on October 14, 1797, surrounded by an extra strong military guard. It is said that the population of the town, to express their sympathy with the “patriot” being “murdered by law,” and to mark their repugnance of the conduct of the Government towards him, quit the town on the day of his execution.

Orr’s fate “excited the deepest indignation throughout the country” and it is commented on “in words of fire” by the national writers of the period, and for many years after the rallying cry of the United Irishmen is “Remember Orr.” The journalist Peter Finnerty, who publishes an attack on Yelverton and Camden for their conduct in the matter, is later convicted of seditious libel, despite an eloquent defence by Curran.

(Pictured: William Orr from a sketch by E. A. Morrow)


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The First Amendment of the Constitution of Ireland

constitution-of-ireland

The First Amendment of the Constitution Act 1939 amends the Constitution of Ireland to extend the constitutional definition of “time of war” to include a period during which a war occurs without the state itself being a direct participant. It is introduced and signed into law on September 2, 1939, the day after the Invasion of Poland by Germany and allows the government to exercise emergency powers during World War II, known in Ireland as The Emergency, although the state is neutral.

Article 28.3.3° of the Constitution grants the state sweeping powers during a state of emergency, but in the form in which the article is adopted in 1937, they can be invoked only during a “time of war or armed rebellion.” The First Amendment specifies that “time of war” can include an armed conflict in which the state is not actually taking part.

The amendment is introduced by the Fianna Fáil government of Éamon de Valera on September 2, 1939, and passes swiftly through both houses of the Oireachtas. Unlike later amendments, the First and Second Amendments are not submitted to a referendum because under the terms of Article 51, one of the Transitory Provisions of the Constitution, the Constitution can be amended by a vote of the Oireachtas alone from 1938 to 1941.

The First Amendment is passed only in English. This creates a constitutional difficulty, as the Irish text of the Constitution has legal precedence. The error is rectified by the Second Amendment, passed in 1941, which includes in its provisions, at Reference No. 21, the Irish text of the First Amendment.

The Emergency Powers Act 1939 is passed and signed on the same day as the First Amendment. Further Acts are passed over the course of World War II. The Emergency Powers Act 1976 is passed in response to The Troubles.

Article 28.3.3º is amended on two further occasions. The Second Amendment, passed in 1941, also under Article 51, clarifies that emergency provisions must be within the time of war or armed rebellion itself and add a clause at the end of the last sentence, which specifies that a “time of war” can extend beyond the termination of hostilities. The Twenty-first Amendment, passed in 2001, prohibits the use of the death penalty in a new subsection in Article 15.5.2º, and provides that the emergency provisions of the Constitution cannot be used to allow the death penalty.