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


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Introduction of the Special Powers Act 1922

The Civil Authorities (Special Powers) Act (Northern Ireland) 1922, often referred to simply as the Special Powers Act, is an Act introduced by the Parliament of Northern Ireland on April 7, 1922, shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland. Its sweeping powers make it highly controversial, and it is seen by much of the Irish nationalist community as a tool of Ulster unionist oppression. The Act is eventually repealed by the Northern Ireland (Emergency Provisions) Act 1973, following the abolition of Northern Ireland’s parliament and the imposition of direct rule by the British government.

At the start of the twentieth century, the people of Ireland are divided into two mutually hostile factions. The much larger group (nationalists) are mostly Roman Catholic, identified primarily as Irish, and want some form of Irish home rule or independence from Britain. The smaller group (unionists), concentrated primarily in the province of Ulster, are mostly Protestant, identified primarily as British and are committed to remaining within the United Kingdom. In the years before World War I, both groups establish armed militias intended to enforce their aims and protect their communities from the other side’s militias. The British government resolves to partition Ireland in an effort to alleviate unionists and nationalists, with the six most Protestant counties of Ulster forming Northern Ireland while the rest of Ireland achieves self-rule. This is accepted by most unionists as the best deal they are likely to get, but bitterly disappoints many nationalists, especially those who live in the six counties which become Northern Ireland. Many nationalists on both sides of the border feel that their country has been unjustly divided, and for many decades the Irish government claims that Northern Ireland is rightfully its territory.

Partition is formally established with the Government of Ireland Act 1920. This also establishes the Parliament of Northern Ireland, which comes into being the following year. Partition is followed by high levels of inter-communal violence, especially in Belfast. The Irish Republican Army (IRA), although it spends most of these years fighting in the Irish Civil War, aims to use armed force to end partition and compel the United Kingdom to withdraw sovereignty from Northern Ireland.

The Special Powers Act is presented as being necessary to re-establish peace and law and order in Northern Ireland, and enable the government to “take all such steps and issue all such orders as may be necessary for preserving the peace and maintaining order,” although it is specified that the ordinary course of law should be interfered with as little as possible. The Minister of Home Affairs is empowered to make any regulation felt necessary to preserve law and order in Northern Ireland. Anyone who breaks these regulations can be sentenced to up to a year in prison with hard labour, and in the case of some crimes, whipping. A special summary jurisdiction is enabled to hear cases involving such crimes. The Minister of Home Affairs is also permitted to forbid the holding of inquests if he feels this is required to preserve order and peace.

The Schedule to the Act specifies actions which the government can take in order to preserve peace, although the body of the Act enables the government to take any steps at all which it thinks necessary. Actions specified in the Schedule include the closing of licensed premises, the banning in any area of meetings and parades in public places, the closing of roads, the taking of any land or property, and the destruction of any building. The Schedule also forbids the spreading by word of mouth or text any “reports or…statements intended or likely to cause disaffection to subjects of His Majesty.”

Because it is presented as emergency legislation, the Special Powers Act is initially current for only one year and has to be renewed annually. In 1928, however, it is renewed for five years and when this period expires in 1933 the Act is made permanent. According to John Whyte, this happens because, from 1925, nationalist MPs begin sitting in the Stormont parliament which they had initially boycotted. Unsurprisingly, they object strenuously to the renewal of the Act, and it is felt by the Ulster Unionist Party Minister of Home Affairs that it would be better to make the Act permanent than for Parliament annually to “wrangle” over it.

Initially, regulations under the Act are used mostly to curb immediate violence and disorder. One of the most controversial of these is internment without trial, outlined in Paragraph 23 of the Schedule. In the period from May 1922 to December 1924, 700 republicans are interned under the Act.

Political violence declines dramatically by 1925, and the government gradually shifts its emphasis from broad measures designed to return civil order to the province to more preventative regulations aimed at suppressing the threat posed by republican aspirations. Regulations banning meetings and parades and restrictions on the flying of the Irish tricolour become more common. Between 1922 and 1950, the government bans nearly 100 parades and meetings, the vast majority of which are nationalist or republican. No loyalist gathering is ever directly banned under the Act, although a few are caught in blanket bans against parades or meetings in a particular area. From 1922 until 1972, 140 publications are banned, the vast majority of which express republican viewpoints.

After the troubles of the early 1920s has died down, the provision for internment is not used until the IRA’s border campaign of the 1950s, in which several hundred republicans are interned. Following the outbreak of the Troubles in 1968, many within the Protestant community call for the reintroduction of internment. This occurs in 1971 and authorises internment of those suspected to be involved in terrorism. Although there are loyalist as well as republican terrorists at this time, of the 1,981 men interned, only 107 are loyalists.

Internment ends in 1975, but is credited with increasing support and sympathy for the Provisional Irish Republican Army amongst the Catholic community and outside of Northern Ireland. It helps to create political tensions which culminate in the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws specific to Northern Ireland continue until the 1998 Good Friday Agreement, but these laws require the right to a fair trial be respected.

The Act encounters further controversy in the 1970s due to the deployment of the British Army in Northern Ireland and its role in maintaining order and similar policing-style duties. In 1972, the government is forced to amend the Act in order to legalise the detention of internees arrested by soldiers. Martin Meehan had been arrested after escaping from Crumlin Road Gaol and charged with escaping from lawful custody. At his trial he successfully argues that under the Special Powers Act a soldier has no power of arrest and, as such, he has the legal right to escape. He is awarded £800 in compensation for being illegally detained for twenty-three days.


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Passage of the Special Powers Act 1922

special-powers-act-1922The Civil Authorities (Special Powers) Act (Northern Ireland) 1922, often referred to simply as the Special Powers Act, is passed by the Parliament of Northern Ireland on April 7, 1922, shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland. Its sweeping powers make it highly controversial, and it is seen by much of the Northern Irish nationalist community as a tool of Ulster unionist oppression. The Act is eventually repealed by the Northern Ireland (Emergency Provisions) Act 1973, following the abolition of Northern Ireland’s parliament and the imposition of direct rule by the British government.

At the start of the twentieth century, the people of Ireland are divided into two mutually hostile factions. Nationalists, the much larger group, are mostly Roman Catholic, identify primarily as Irish, and want some form of Irish home rule or independence from Britain. Unionists, the smaller group, concentrates primarily in the province of Ulster, are mostly Protestant, identify primarily as British (although many see themselves as Irish and British), and are committed to remaining within the United Kingdom.

Partition is formally established with the Government of Ireland Act 1920. This also establishes the Parliament of Northern Ireland, which comes into being the following year. Partition is followed by high levels of inter-communal violence, especially in Belfast. The Irish Republican Army (IRA), although it spends most of these years fighting in the Irish Civil War, aims to use armed force to end partition and compel the United Kingdom to withdraw sovereignty from Northern Ireland.

The Act is presented as being necessary to re-establish peace and law and order in Northern Ireland, and enables the government to “take all such steps and issue all such orders as may be necessary for preserving the peace and maintaining order,” although it is specified that the ordinary course of law should be interfered with as little as possible. Because it is presented as emergency legislation, the Act is initially current only for one year and has to be renewed annually. In 1928, however, it is renewed for five years and when this period expires in 1933 the Act is made permanent.

Despite rhetoric accompanying the Act which asserts that it is for the purpose of restoring public order, its provisions continue to be used for the entire period of the Northern Irish parliament’s existence. Because the Ulster Unionist Party is the only party ever to form a government in this parliament, the Act is used “almost exclusively on the minority population.” Initially, regulations under the Act are used mostly to curb immediate violence and disorder. One of the most controversial of these is internment without trial.

After the troubles of the early 1920s dies down, the provision for internment is not used until the IRA’s Border Campaign of the 1950s, in which several hundred republicans are interned. Following the outbreak of The Troubles in 1968, many within the Protestant community call for the reintroduction of internment. This occurs in 1971 and authorises internment of those suspected to be involved in terrorism. Although there are loyalist as well as republican terrorists at this time, of the 1,981 men interned, only 107 are loyalists. Due to inadequate intelligence-gathering, many of the interned republicans are members of the Official Irish Republican Army rather than the recently formed Provisional Irish Republican Army (PIRA), which is much more heavily involved in terrorist activity at the time.

Internment ends in 1975, but is credited with increasing support and sympathy for the PIRA amongst the Catholic community and outside of Northern Ireland. It helps to create political tensions which culminate in the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws specific to Northern Ireland continue until the 1998 Good Friday Agreement, but these laws require the right to a fair trial be respected.


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The Flags and Emblems (Display) Act (Northern Ireland) 1954

The Flags and Emblems (Display) Act (Northern Ireland) 1954, an Act of the Parliament of Northern Ireland, receives royal assent on April 6, 1954. It is repealed under the direct rule of the Government of the United Kingdom, by the Public Order (Northern Ireland) Order 1987.

The Act is bitterly resented by nationalists who see it as being deliberately designed to suppress their identity. Although it does not refer explicitly to the Irish tricolour, it does the Union Flag. The Act gives the Royal Ulster Constabulary a positive duty to remove any flag or emblem from public or private property which is considered to be likely to cause a breach of the peace, but legally exempts the Union Flag from ever being considered a breach of the peace. As a result, of all the flags likely to be displayed in Northern Ireland, almost exclusively the Irish tricolour would be deemed a breach of the peace. However the Act is not a wholesale ban on the Irish flag, and it is often allowed to remain flying, especially at Gaelic Athletic Association (GAA) grounds.

The Act is introduced at a time of some turmoil within unionism in Northern Ireland, dissent that is viewed with alarm by the Ulster Unionist government, and the legislation is initiated amid the pressure emanating from that dissent. Hard line unionists accuse the government of appeasing nationalists. A more lenient approach by government to some nationalist parades leads to an increase in the flying of the Irish Tricolour. Likewise, the Coronation celebrations lead to the erection of Union Flags, not only in unionist enclaves, but in nationalist areas where disputes erupt and where some Union Flags are taken down and replaced with the Tricolour. Nationalists also organise boycotts of shops which openly celebrate the coronation with the display of the Union Flag, increasing tension and unionist fears. The Act takes over some of the powers of the Civil Authorities (Special Powers) Act (Northern Ireland) 1922.

Violations of the Act are punishable by a fine of up to £500 or up to five years in prison. The enforcement of the Act on occasion leads to rioting, most notoriously during the UK General Election of 1964 on the lower Falls Road in Belfast.

(Pictured: Coat of Arms of the Parliament of Northern Ireland)


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Birth of Joseph Tomelty, Actor & Playwright

joseph-tomeltyJoseph Tomelty, Irish character actor and playwright, is born at Portaferry, County Down, on March 5, 1911. He works in film, television, radio, and on the stage, starring in Sam Thompson‘s 1960 play Over the Bridge.

Tomelty is the eldest of seven children. His father is known as “Rollickin’ James” for his skill on the fiddle. He leaves his local primary school at the age of 12 and is apprenticed to the trade of housepainter, his father’s trade. He moves to Belfast and attends classes at Belfast Technical College.

Tomelty first acts with St. Peter’s Players and with others in 1937 and 1938 takes part in discussions which lead to the formation of the Northern Ireland Players on a more professional basis. Radio plays Barnum is Right and Elopement are broadcast in December 1938 and February 1939 respectively. The Northern Ireland Players choose the stage version of Barnum is Right for their first major commercial venture at the Empire Theatre in June 1939.

In 1940 the Northern Ireland Players join forces with the Ulster Theatre and the Jewish Institute Dramatic Society to form the Group Theatre. In 1942 Tomelty becomes its general manager remaining in the post until 1951. His play, Idolatry at Innishargie, enjoys a short run at the Group Theatre in 1942, but The End House, a controversial political play, does not even appear there. The play deals with what he describes as “the inhumanity that resulted from the Special Powers Act.” It is however performed at the Abbey Theatre in Dublin in 1944.

Meanwhile, his career as a character actor rapidly develops and a successful stage and film career is underway. In 1948 he is commissioned by the BBC in Belfast to write the weekly radio comedy drama series The McCooeys. This radio series lasts for seven years with Tomelty writing 6,000 word scripts for each episode. He continues to write plays, including his masterpiece, and a modern Irish theatre classic, All Souls’ Night in 1948.

In 1954 Tomelty is injured in an automobile accident while filming Bhowani Junction in England and, while he recovers, he is never as productive again. He dies in Belfast on June 7, 1995.