seamus dubhghaill

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


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28th Amendment of the Constitution Bill 2008 Rejected by Irish Voters

The Twenty-eighth Amendment of the Constitution Bill 2008, a proposed amendment to the Constitution of Ireland, is rejected by voters on June 12, 2008, by a margin of 53.4% to 46.6%, with a turnout of 53.1%. The purpose of the proposed amendment is to allow the state to ratify the Treaty of Lisbon of the European Union.

The treaty had been intended to enter into force on January 1, 2009, but has to be delayed following the Irish rejection. However, the Lisbon treaty is approved by Irish voters when the Twenty-eighth Amendment of the Constitution of Ireland is approved in the second Lisbon referendum, held in October 2009.

The Treaty of Lisbon is signed by the member states of the European Union on December 13, 2007. It is in large part a revision of the text of the Treaty establishing a Constitution for Europe (TCE) after its rejection in referendums in France in May 2005 and in the Netherlands in June 2005. The Treaty of Lisbon preserves most of the content of the Constitution, especially the new rules on the functioning of the European Institutions but gives up any symbolic or terminologic reference to a constitution.

Because of the decision of the Supreme Court of Ireland in Crotty v. An Taoiseach (1987), an amendment to the Constitution is required before it can be ratified by Ireland. Ireland is the only one of the then fifteen EU member states to put the Treaty to the people in a referendum. Ratification of the Treaty in all other member states is decided upon by national parliaments alone.

On February 26, 2008, the Government of Ireland approves the text of the changes to the constitution. The Twenty-eighth Amendment of the Constitution Bill is proposed in Dáil Éireann by Minister for Foreign Affairs Dermot Ahern on April 2, 2008. It passes final stages in the Dáil on April 29, with Sinn Féin TDs and Independent TD Tony Gregory rising against, but with insufficient numbers to call a vote. It passes final stages in the Seanad on May 7.

A Referendum Commission is established by Minister for the Environment, Heritage and Local Government John Gormley. It is chaired by former High Court judge Iarfhlaith O’Neill. Its role is to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text of the proposal in the amendment bill.

The government parties of Fianna Fáil and the Progressive Democrats are in favour of the treaty, but the other government party, the Green Party, is divided on the issue. At a special convention on January 19, 2008, the leadership of the Green Party fails to secure a two-thirds majority required to make support for the referendum official party policy. As a result, the Green Party itself does not participate in the referendum debate, although individual members are free to be involved in whatever side they chose. All Green Party members of the Oireachtas support the Treaty. The main opposition parties of Fine Gael and the Labour Party are also in favour. Only one party represented in the Oireachtas, Sinn Féin, is opposed to the treaty, while minor parties opposed to it include the Socialist Party, the Workers’ Party and the Socialist Workers Party. Independent TD’s Tony Gregory and Finian McGrath, Independent MEP Kathy Sinnott, and Independent members of the Seanad from the universities David Norris, Shane Ross and Rónán Mullen advocate a “No” vote as well.

The Government sends bilingual booklets written in English and Irish, explaining the Treaty, to all 2.5 million Irish households. However, compendiums of the two previous treaties, of which the Lisbon Treaty is intended to be a series of reforms and amendments, remain unavailable in Ireland. Some commentators argue that the treaty remains essentially incomprehensible in the absence of such a compendium.

On March 12, 2008, the Libertas Institute, a lobby group started by businessman Declan Ganley, launches a campaign called Facts, not politics which advocates a “No” vote in the referendum. A month later, the German Chancellor, Angela Merkel, appeals to Irish people to vote “Yes” in the referendum while on a visit to Ireland. The anti-Lisbon Treaty campaign group accuses the government and Fine Gael of a U-turn on their previous policy of discouraging foreign leaders from visiting Ireland during the referendum campaign. The European Commissioner for Internal Market Charlie McCreevy admits he had not read the Treaty from cover to cover and says, “he would not expect any sane person to do so.”

At the start of May, the Irish Alliance for Europe launches its campaign for a “Yes” vote in the referendum this consists of trade unionists, business people, academics and politicians. Its members include Garret FitzGerald, Ruairi Quinn, Pat Cox and Michael O’Kennedy. The Taoiseach Brian Cowen states that should any member of the Fianna Fáil parliamentary party campaign against the treaty, they will likely be expelled from the party.

On May 21, 2008, the executive council of the Irish Congress of Trade Unions votes to support a “Yes” vote in the referendum. Rank and file members of the individual unions are not balloted, and the Technical, Engineering and Electrical Union (TEEU) advises its 45,000 members to vote “No.” The Irish bishops conference states the Catholic Church‘s declaration that the treaty will not weaken Ireland’s constitutional ban on abortion, however the conference does not advocate either a “Yes” or “No” vote. By the start of June, Fianna Fáil, Fine Gael and the Labour Party have united in their push for a “Yes” vote despite earlier divisions. The two largest farming organisations, the Irish Creamery Milk Suppliers Association (ICMSA) and the Irish Farmers’ Association call for a “Yes” vote, the latter giving its support after assurances from Taoiseach Brian Cowen that Ireland will use its veto in Europe if a deal on World Trade reform is unacceptable.

There were 3,051,278 voters on the electoral register. The vast majority of voting takes place on Thursday, June 12, between 7:00 a.m. and 10:00 p.m. Counting begins at 9:00 a.m. the following morning. Several groups vote before the standard polling day, with some casting postal votes before June 9. These include members of the Irish Defence Forces serving in United Nations peacekeeping missions, Irish diplomats and their spouses abroad, members of the Garda Síochána, those unable to vote in person due to physical illness or disability, those who are unable to vote in person due to their employment (including students) and prisoners.

On June 9, several islands off the coast of County Donegal vote: Tory Island, Inishfree, Gola, Inishbofin and Arranmore. These islands are all part of the Donegal South-West constituency. Around 37% of the 745 eligible votes. Two days later, several islands off the coast of counties Galway and Mayo vote: the Aran Islands (Inis Mór, Inis Meáin and Inis Oírr) and Inishboffin form part of Galway West constituency, while Inishturk, Inishbiggle and Clare Island form part of the Mayo constituency. The Galway islands have 1,169 eligible voters, while the Mayo islands have 197.

Votes are counted separately in each Dáil constituency. The overall verdict is formally announced by the Referendum Returning officer in Dublin Castle by accumulating the constituency totals.

(Pictured: Campaign posters in St. Stephen’s Green, Dublin)


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

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

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

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

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

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

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

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

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

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

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


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Birth of Ben Briscoe, Fianna Fáil Politician

Ben Briscoe, former Fianna Fáil politician, is born on March 11, 1934, in Dublin. He is a Teachta Dála (TD) for 37 years, representing constituencies in the south Dublin city area.

Briscoe is first elected to Dáil Éireann as a Fianna Fáil TD for the Dublin South-West constituency at the 1965 Irish general election, succeeding his father, Robert Briscoe, who had been a TD for 38 years. He is elected at the 1969 Irish general election for Dublin South-Central, where he is re-elected in 1973. Following major boundary changes for the 1977 Irish general election, he is elected for the Dublin Rathmines West constituency. A subsequent boundary revision in advance of the 1981 Irish general election abolishes Dublin Rathmines West and divides the area between the neighbouring constituencies. Briscoe is re-elected for the re-established Dublin South-Central constituency, which he holds until he retires at the 2002 Irish general election.

At the 1992 Irish general election Briscoe is involved in a marathon recount battle with Democratic Left‘s Eric Byrne to decide the fate of the final seat in Dublin South-Central. He is declared the victor after ten days of re-counting and re-checking ballot papers, leading to him describing the long count as being like “the agony and the ex-TD.”

Briscoe is sometimes critical of the leader of Fianna Fáil in the 1980s, once describing Charles Haughey‘s leadership as a “Fascist Dictatorship.” He fronts a quietly discontented anti-Haughey faction within the Parliamentary Party, which includes Charlie McCreevy, during Haughey’s time as Taoiseach.

In 1988–1989 Briscoe is Lord Mayor of Dublin, a post previously held by his father. His term covers the second half of Dublin’s Millennium Year 1988. After the Dublin City Council makes him Lord Mayor, he describes his selection for the honour as “one of the proudest moments of my life.”

The Molly Malone statue, previously at the bottom end of Grafton Street and now outside the Dublin Tourist Information Office around the corner, is unveiled by Briscoe during the Dublin Millennium celebrations in 1988, and he declares June 13 as Molly Malone Day in Dublin.

Briscoe is one of Ireland’s most famous Jewish politicians. The small Irish Jewish community have been enthusiastic and active participants in the country’s political and legal world. His father is one of several Jews involved in the Irish War of Independence and Sinn Féin movements. In his time, each of the three main political parties have a Jewish member in Ireland’s 166-member Dáil.


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Tribute to Fianna Fáil Politician Denis Gallagher

Politicians from all parties join hundreds of mourners on Achill Island on November 5, 2001, to pay tribute to former Gaeltacht Minister and Mayo Fianna Fáil Teachta Dála (TD) Denis Gallagher who died the previous day. He serves as Minister for the Gaeltacht on two occasions.

Gallagher is born in Currane, County Mayo, by Clew Bay, facing Achill Island, on November 23, 1922. He is educated locally and at Coláiste Éinde in Salthill, County Galway. He qualifies as a national school teacher having graduated from St. Patrick’s College in Drumcondra, Dublin. He teaches in Drimnagh in Dublin for several years before returning to Mayo in 1946 to take up a teaching post. He stands as a Clann na Poblachta candidate at the 1954 Irish general election for Mayo North but is not elected.

In the 1960s Gallagher changes allegiance and becomes a member of Fianna Fáil. He is elected to Mayo County Council in 1967 and is elected to Dáil Éireann on his third attempt at the 1973 Irish general election for the Mayo West constituency. He does not remain on the backbenches for very long. He joins the Fianna Fáil front bench in 1974 as spokesperson on Fisheries. He remains in that position until 1977 when the party returns to power, and he is appointed Minister for the Gaeltacht. He is an active Minister with an interest in Irish language affairs.

During the 1979 Fianna Fáil leadership election Gallagher supports George Colley. However, Charles Haughey becomes party leader and Taoiseach. Because of this Gallagher is demoted to the position of Minister of State. In October 1982, following the resignations of Martin O’Donoghue and Desmond O’Malley from the Cabinet, after they supported Charlie McCreevy‘s motion of no confidence, he returns as Minister for the Gaeltacht. He remains in that post until December when Fianna Fáil goes into opposition.

Following the 1987 Irish general election, Gallagher is not appointed to cabinet. He is, however, appointed as Minister of State at the Department of the Gaeltacht, while Haughey has appointed himself as Minister for the Gaeltacht. As a result, he retires from politics at the following general election in 1989. After his retirement, he works to advance the Irish language cause and also serves as chairman of the Gaelic Athletic Association in Mayo.

Gallagher dies on November 4, 2001, at the age of 78 in Castlebar, County Mayo. He is buried at Polranny Cemetery, Achill Sound, County Mayo. He is survived by his wife Hannah, twelve children and thirty grandchildren.


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Birth of Charlie McCreevy, Fianna Fáil Politician

Charles McCreevy, former Fianna Fáil politician, is born in Sallins, County Kildare, on September 30, 1949. He serves as European Commissioner for Internal Market from 2004 to 2010, Minister for Finance from 1997 to 2004, Minister for Tourism, Transport and Communication from 1993 to 1994 and Minister for Social Welfare from 1992 to 1993. He also serves as a Teachta Dála (TD) for the Kildare constituency (and later the Kildare North constituency) from 1977 to 2004.

McCreevy is educated locally at Naas by the Congregation of Christian Brothers, and later at the fee paying Franciscan Gormanston College. He studies Commerce at University College Dublin and goes on to become a chartered accountant. His family background is modest, his father and ancestors since the late 18th century are lockkeepers on the Grand Canal, a job carried on by his mother after the death of his father, when McCreevy is four years old.

McCreevy’s political career begins with when he wins a seat in the Kildare constituency at the 1977 Irish general election, which is a landslide for Charles Haughey‘s supporters in Fianna Fáil and he is re-elected at every subsequent election until he joins the European Commission. Between 1979 and 1985, he serves as an elected member of the Kildare County Council.

In the 1979 Fianna Fáil leadership election, McCreevy strongly supports the controversial Charles Haughey, who narrowly wins the post. However, in a time of severe budgetary difficulties for Ireland, he soon becomes disillusioned with the new Taoiseach and his fiscal policies. In October 1982, he launches a motion of no-confidence in the party leader, which evolves into a leadership challenge by Desmond O’Malley. In an open ballot and supported by only 21 of his 79 colleagues, the motion fails and McCreevy is temporarily expelled from the parliamentary party.

In later years O’Malley is expelled from Fianna Fáil itself and forms the Progressive Democrats (PDs), espousing conservative fiscal policies. Although considered ideologically close to the PDs, and a personal friend of its erstwhile leader, Mary Harney, McCreevy chooses to remain a member of Fianna Fáil, where he eventually serves in joint FF-PD Governments.

For his first 15 years as TD, while Haughey remains leader, McCreevy remains a backbencher. In 1992, Albert Reynolds becomes Taoiseach and McCreevy is appointed Minister for Social Welfare. In this role, he is principally remembered for a set of 12 cost-cutting measures, collectively termed the “dirty dozen”, which are arguably minor in their direct impact but provide a major political headache for his party in the 1992 Irish general election.

In 1993, McCreevy becomes Minister for Tourism, Transport and Communication, which he holds until the government falls in December 1994. In opposition under new Fianna Fáil leader Bertie Ahern, he is appointed Opposition Spokesperson for Finance. In this role he is viewed as actively pro-enterprise, anti-spending and a key advocate for tax cuts.

In 1997, Fianna Fáil returns to power and McCreevy becomes Minister for Finance. His period coincides with the era of the “Celtic Tiger,” which sees the rapid growth of the Irish economy due to social partnership between employers, government and unions, increased female participation in the labour force, decades of tuition-free secondary education, targeting of foreign direct investment, a low corporation tax rate, an English-speaking workforce only five time-zones from New York City, and membership of the European Union – which provides payments for infrastructural development, export access to the European Single Market and a Eurozone country. He is a consistent advocate of cutting taxes and spending.

In 2004, McCreevy is selected by the Government of Ireland to replace David Byrne as Ireland’s European Commissioner. He is appointed to the Internal Market and Services portfolio, by President of the European Commission José Manuel Barroso. At his confirmation hearings in the European Parliament MEPs describe him as “fluent and relaxed.” He also informs them that he has campaigned for the ratification of every European Treaty since 1972.

In October 2007, McCreevy, commenting on the Northern Rock bank’s loss of investor confidence, claims that banking regulations in the UK, which forces banks to be open to scrutiny from outside investors, caused the panic. He says if access to the bank’s dealings had been restricted, then the trouble could have been avoided.

Irish constitutional law requires a referendum to alter the constitution for such a major change as the adoption of the Treaty of Lisbon. Interviewed beforehand, McCreevy says that he has not read the Treaty in full himself, though he understands and endorses it. The referendum is held on June 12, 2008, and the Irish electorate does not approve the Treaty. He is heavily criticised in the European Parliament and by the leader of the Socialist group in the European Parliament, Martin Schulz, who demands on June 17, 2008, that McCreevy be removed as a European Commissioner. Schulz slightly misquotes McCreevy, whom he stated had contributed to Ireland’s rejection of the Treaty of Lisbon with remarks during the referendum campaign that no “sane person” would read the document.

Following McCreevy’s departure from the commission, he is forced to resign from the board of a new banking firm, NBNK Investments, after an EU ethics committee finds a conflict of interest with his work as a European Commissioner in charge of financial regulation.