seamus dubhghaill

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


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Seán Thomas O’Kelly Elected Second President of Ireland

Seán Thomas O’Kelly (Irish: Seán Tomás Ó Ceallaigh) is elected the second President of Ireland on June 18, 1945. He serves two terms from 1945 to 1959. He is a member of Dáil Éireann from 1918 until his election as President. During this time he serves as Minister for Local Government and Public Health (1932–1939) and Minister for Finance (1939–1945). He serves as Vice-President of the Executive Council from 1932 until 1937 and is the first Tánaiste from 1937 until 1945.

O’Kelly is born on August 25, 1882 on Capel Street in the north inner-city of Dublin. He joins the National Library of Ireland in 1898 as a junior assistant. That same year, he joins the Gaelic League, becoming a member of the governing body in 1910 and General Secretary in 1915.

In 1905 O’Kelly joins Sinn Féin who, at the time, supports a dual-monarchy. He is an honorary secretary of the party from 1908 until 1925. In 1906 he is elected to Dublin Corporation, which is Dublin’s city council. He retains the seat for the Inns Quay Ward until 1924.

O’Kelly assists Patrick Pearse in preparing for the Easter Rising in 1916. After the rising, he is jailed, released, and jailed again. He escapes from detention at HM Prison Eastwood Park in Falfield, South Gloucestershire, England and returns to Ireland.

O’Kelly is elected Sinn Féin MP for Dublin College Green in the 1918 Irish general election. Along with other Sinn Féin MPs he refuses to take his seat in the British House of Commons. Instead they set up an Irish parliament, called Dáil Éireann, in Dublin. O’Kelly is Ceann Comhairle (Chairman) of the First Dáil. He is the Irish Republic’s envoy to the post-World War I peace treaty negotiations at the Palace of Versailles, but the other countries refuse to allow him to speak as they do not recognise the Irish Republic.

O’Kelly is a close friend of Éamon de Valera, and both he and de Valera oppose the Anglo-Irish Treaty of December 1921. When de Valera resigns as President of the Irish Republic on January 6, 1922, O’Kelly returns from Paris to try to persuade de Valera to return to the presidency but de Valera orders him to return to Paris.

During the Irish Civil War, O’Kelly is jailed until December 1923. Afterwards he spends the next two years as a Sinn Féin envoy to the United States.

In 1926 when de Valera leaves Sinn Féin to found his own republican party, Fianna Fáil, O’Kelly follows him, becoming one of the party’s founding members. In 1932, when de Valera is appointed President of the Executive Council of the Irish Free State he makes O’Kelly the Minister for Local Government and Public Health. He often tries to publicly humiliate the Governor-General of the Irish Free State, James McNeill, which damages O’Kelly’s reputation and image, particularly when the campaign backfires.

In 1938, many believe that de Valera wants to make O’Kelly the Fianna Fáil choice to become President of Ireland, under the new Irish constitution, Bunreacht na hÉireann. When Lord Mayor of Dublin, Alfie Byrne, says he wants to be president there is an all party agreement to nominate Douglas Hyde, a Protestant Irish Senator, Irish language enthusiast and founder of the Gaelic League. They believe Hyde to be the only person who might win an election against Alfie Byrne. O’Kelly is instead appointed Minister of Finance and helps create Central Bank in 1942.

O’Kelly leaves the cabinet when he is elected President of Ireland on June 18, 1945 in a popular vote of the people, defeating two other candidates. He is re-elected unopposed in 1952. During his second term he visits many nations in Europe and speaks before the United States Congress in 1959. He retires at the end of his second term in 1959, to be replaced by his old friend, Éamon de Valera. Following his retirement he is described as a model president by the normally hostile newspaper, The Irish Times. Though controversial, he is widely seen as genuine and honest, but tactless.

O’Kelly’s strong Roman Catholic beliefs sometimes cause problems. Éamon de Valera often thinks that O’Kelly either deliberately or accidentally leaks information to the Knights of Saint Columbanus and the Church leaders. He ensures that his first state visit, following the creation of the Republic of Ireland in 1949, is to the Vatican City to meet Pope Pius XII. He accidentally reveals the Pope’s private views on communism. This angers the Pope and Joseph Stalin and is why he is not given the papal Supreme Order of Christ which is given to many Catholic heads of state.

O’Kelly dies in Blackrock, Dublin on November 23, 1966 at the age of 84, fifty years after the Easter Rising that first brought him to prominence. He is buried in Glasnevin Cemetery, Glasnevin, Dublin.


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Establishment of the Special Criminal Court (SCC)

The Special Criminal Court (SCC), a juryless criminal court in Ireland which tries terrorism and serious organised crime cases, is established on May 26, 1972.

Article 38 of the Constitution of Ireland empowers Dáil Éireann to establish “special courts” with wide-ranging powers when the “ordinary courts are inadequate to secure the effective administration of justice.” The Offences against the State Act 1939 leads to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a “scheduled offence” is set out in the Offences Against the State (Scheduled Offences) Order 1972.

On May 26, 1972, the Government of Ireland exercises its power to make a proclamation pursuant to Section 35(2) of the Offences against the State Act 1939 which leads to the establishment of the Special Criminal Court for the trial of certain offences. The current court is first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army (IRA) from subverting Ireland’s neutrality during World War II and the Emergency. The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began.

Although the court is initially set up to handle terrorism-related crime, its remit has been extended and it has been handling more organised crime cases after the Provisional Irish Republican Army ceasefire in the 1990s. For instance, members of the drugs gang which murdered journalist Veronica Guerin were tried in the Special Criminal Court.

Section 35(4) and (5) of the Offences against the State Act 1939 provide that if at any time the Government or the Parliament is satisfied that the ordinary courts are again adequate to secure the effective administration of justice and the preservation of public peace and order, a rescinding proclamation or resolution, respectively, shall be made terminating the Special Criminal Court regime. To date, no such rescinding proclamation or resolution has been promulgated. Following the introduction of a regular Government review and assessment procedure on January 14, 1997, reviews taking into account the views of the relevant State agencies are carried out on February 11, 1997, March 24, 1998, and April 14, 1999, and conclude that the continuance of the Court is necessary, not only in view of the continuing threat to State security posed by instances of violence, but also of the particular threat to the administration of justice, including jury intimidation, from the rise of organised and ruthless criminal gangs, principally involved in drug-related and violent crime.

The Special Criminal Court has been criticised by the Irish Council for Civil Liberties, Amnesty International and the United Nations Commission on Human Rights for its procedures and for being a special court, which ordinarily should not be used against civilians. Among the criticisms are the lack of a jury and the increasing use of the court to try organised “ordinary” crimes rather than the terrorist cases it was originally set up to handle. Critics also argue that the court is now obsolete since there is no longer a serious terrorist threat to the State, although others disagree and cite the continuing violence from dissident republican terrorism, international terrorism and serious gangland crime.

Under the law, the court is authorised to accept the opinion of a Garda Síochána chief-superintendent as evidence that a suspect is a member of an illegal organisation. However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.

The Sinn Féin political party in the past has stated that it is their intention to abolish the Special Criminal Court as they believed it was used to convict political prisoners in a juryless court, however Sinn Féin are no longer in favour of its abolition. Some prominent Sinn Féin members, including Martin Ferris and Martin McGuinness, have been convicted of offences by it. In 1973 McGuinness was tried at the SCC, which he refused to recognise, after being arrested near a car containing 250 pounds (110 kg) of explosives and nearly 5,000 rounds of ammunition. He was convicted and sentenced to six months imprisonment.

(Pictured: The Criminal Courts of Justice complex in Dublin where Special Criminal Court (SCC) sittings are usually held)


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Death of Feargal Quinn, Businessman & Politician

Feargal Quinn, Irish businessman, politician and television personality, dies in Dublin on April 24, 2019. He is the founder of the Superquinn supermarket chain and serves as a Senator in Seanad Éireann representing the National University of Ireland constituency from 1993 to 2016.

Quinn is born in Dublin on November 27, 1936. His father, Eamonn, founds a grocery brand and later the Red Island resort in Skerries, Dublin. He is a first cousin of Labour Party politician Ruairi Quinn and of Lochlann Quinn, former chairman of Allied Irish Banks (AIB). He is educated at Newbridge College and is a commerce graduate of University College Dublin (UCD). He builds a career in business and later takes on a range of public service roles.

Quinn founds the national supermarket chain Superquinn (originally Quinn’s Supermarkets), of which he remains non-executive president for some years after his family sells out their interest in August 2005 for over €400 million. Superquinn is known for its focus on customer service and pioneers a number of innovations, including Ireland’s first supermarket loyalty card in 1993, SuperClub. It also introduces self-scanning of goods by customers in a number of its outlets. Superquinn becomes the first supermarket in the world to guarantee the absolute traceability of all its beef from pasture to plate, using DNA TraceBack, a system developed at Trinity College, Dublin by IdentiGEN.

Quinn becomes the chairman of the Interim Board for Posts and serves as chairman of its successor An Post (the Irish postal administration) until 1989. He also serves on several other public authorities and boards. From 1993 to 1998, he chairs the steering committee which oversees the development of the Leaving Certificate Applied. In 2006, he is appointed an Adjunct Professor in Marketing at National University of Ireland Galway. He is also chairman of Springboard Ireland.

Quinn is a former President of EuroCommerce, the Brussels-based organisation which represents the retail, wholesale and international trade sectors in Europe. He also serves on the board of directors of CIES, the Food Business Forum based in Paris, as well as the American-based Food Marketing Institute.

In 2009, Quinn works with independent shops and helps them to revamp, modernise and stave off stiff competition from multi-national retailers. It airs as RTÉ‘s six-part television series, Feargal Quinn’s Retail Therapy. A second series airs in 2011, and a third series airs in 2012. In 2011, he fronts RTÉ’s Local Heroes campaign in Drogheda, County Louth, which is an assembled team of experts to kick-start the local economy. It airs as RTÉ One‘s six-part television series, Local Heroes – A Town Fights Back.

Quinn is first elected as a senator in 1993 from the National University of Ireland constituency and is re-elected in 1997, 2002, 2007 and 2011. He is a member of the Joint Oireachtas Committee on European Affairs, the Joint Committee on Finance and Public Service and is an Oireachtas member of the National Economic and Social Forum, along with the Joint Committee on Jobs and Innovation.

Quinn is one of the co-founders and is a driving force behind Democracy Matters – a civil society group that is formed to oppose the Government’s plans to abolish Seanad Éireann. In May 2013, with Senators Katherine Zappone and Mary Ann O’Brien, he introduces the Seanad Bill 2013 to reform the system of electing the elected members of Seanad Éireann (as provided for in Article 18.10 of the Constitution of Ireland) through a one-person, one vote franchise. The Seanad Bill 2013 succeeds in being passed at Second Stage in the Seanad. During the Seanad abolition referendum campaign, the Bill demonstrates to the electorate, in a very palpable way, that reform of the Seanad is achievable if they vote for its retention. In a referendum held in October 2013 on the Abolition of Seanad Éireann, the people vote to retain the Seanad by 51.7%.

In 2014, Quinn reveals that since being first elected to Seanad Éireann, he has donated his entire salary to charity and in more recent years he has refused to accept any salary. In March 2015, he opposes the Marriage Equality bill in the Seanad, and votes ‘No’ in the referendum. He serves as Chairman of the Independent Alliance. He does not contest the 2016 Seanad election.

Quinn is the recipient of five honorary doctorates from education institutions, including NUI Galway in 2006, a papal knighthood along with a fellowship and the French Ordre National du Mérite. He shares with Oprah Winfrey the 2006 “Listener of the Year” award of the International Listening Association.

Quinn dies peacefully at his home in Howth, County Dublin, on April 24, 2019 following a short illness. His funeral Mass takes place at St. Fintan’s Church in Sutton, north County Dublin. In attendance is President Michael D. Higgins, a representative for Taoiseach Leo Varadkar, Minister for Children Katherine Zappone, Senator Michael McDowell, and a host of other current and former politicians, business figures, and past colleagues of the “Superquinn family.” Fittingly, the coffin is carried from the church to the tune of Frank Sinatra’s “My Way.”


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Taoiseach Enda Kenny Resigns Following Dáil Vote

Taoiseach Enda Kenny conveys his resignation to President Michael D. Higgins at Áras an Uachtaráin on March 10, 2016 after failing to get re-elected to the position in a Dáil vote, becoming acting Taoiseach as the Dáil adjourns until March 22. “It’s not the outcome that I personally would have liked to see but I respect the verdict of the people,” Kenny says. The vote for the former Taoiseach stands at: For 57, Against 94, Abstain 5.

Kenny, the Mayo TD, says the Cabinet will continue its work while the various parties try to form a government. A government statement issued in the evening reads, “The Taoiseach, Mr. Enda Kenny, T.D., has this evening conveyed to the President his resignation from office. In accordance with the Constitution, the Government and the Taoiseach will continue to carry on their duties until successors have been appointed.”

Kenny, Micheál Martin of Fianna Fáil, Gerry Adams of Sinn Féin and Richard Boyd Barrett of Anti-Austerity Alliance-People Before Profit (AAA-PBP) are all nominated for the position of Taoiseach but fail to secure enough votes.

Kenny cites the upcoming commemorations of the 1916 Easter Rising and his Saint Patrick’s Day visit to Washington, D.C. as two items that he will continue to take part in. In the medium term he says a government is necessary to deal with the impending Brexit referendum in the UK and issues such as climate change.

Kenny says when Fine Gael and the Labour Party entered government five years earlier “our very survival was in doubt.” He adds, “The Government had to face unprecedented sets of difficulties. Many believed the situation was hopeless. The country is in a different place now.”

The outgoing Taoiseach says he is “fully committed” to working with other parties and independents to form a new government. He adds that “a substantial number of people do not want to serve in government.” Fianna Fáil leader Micheál Martin says the situation is not unprecedented and people should put aside the notion that “speed” is an issue in forming a government. “Ireland is relatively unusual in how fast it carries out the formation of government,” he says.

A total of 50 Fine Gael TDs are re-elected to the 32nd Dáil. The five abstentions in the Enda Kenny vote are TDs Michael Harty, Noel Grealish, Denis Naughten, Michael Collins and Mattie McGrath. They say they will abstain on each vote for Taoiseach in an indication they are willing to hold further coalition talks.

The vote for the other nominees are:
Fianna Fáil leader Micheál Martin: For 43, Against 108, 5 Abstain.
Sinn Féin leader Gerry Adams: For 24, Against 116.
AAA-PBP candidate Richard Boyd Barrett: For 9, Against 111.

(From: “Enda Kenny resigns as Taoiseach after failing to get re-elected as leader” by Kevin Doyle and Niall O’Connor, http://www.independent.ie, March 10, 2016)


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Death of Seán MacBride, Politician & Chief of Staff of the IRA

Seán MacBride, Irish government minister, prominent international politician, and a former Chief of Staff of the Irish Republican Army (IRA), dies in Dublin at the age of 83 on January 15, 1988.

MacBride is born in Paris on January 26, 1904. He is the son of Major John MacBride and Maud Gonne. After his father’s execution for his participation in the Easter Rising of 1916, MacBride is sent to school at Mount St. Benedict’s, Gorey, County Wexford in Ireland. In 1919, at the age of 15, he joins the Irish Volunteers, which fights as part of the Irish Republican Army, and takes part in the Irish War of Independence. He is imprisoned by the Irish Free State but is released in 1924 and resumes his IRA activities. He returns to Dublin in 1927 and becomes the Director of Intelligence of the IRA.

Toward the end of the 1920s, after many supporters have left the IRA to join Fianna Fáil, some members start pushing for a more left-wing agenda. After the IRA Army Council votes down the idea, MacBride launches a new movement, Saor Éire (“Free Ireland”), in 1931. Although it is a non-military organisation, Saor Éire is declared unlawful along with the IRA, Cumann na mBan, and nine other organizations.

In 1936, MacBride becomes Chief of Staff of the IRA after Moss Twomey is sent to prison for three years. At the time, the movement is in a state of disarray, with conflicts between several factions and personalities. In 1937, he is called to the bar and then resigns from the IRA when the Constitution of Ireland is enacted later that year. As a barrister, he frequently defends IRA political prisoners, but is not unsuccessful in stopping the execution of Charlie Kerins in 1944 who is convicted of killing Garda Detective Dennis O’Brien in 1942. In 1946, during the inquest into the death of Seán McCaughey, he embarrasses the authorities by forcing them to admit that the conditions in Portlaoise Prison are inhumane.

In 1946, MacBride founds the republican/socialist party Clann na Poblachta, hoping it would replace Fianna Fáil as Ireland’s major political party. In October 1947, he wins a seat in Dáil Éireann at a by-election in the Dublin County constituency. However, at the 1948 Irish general election Clann na Poblachta wins only ten seats.

MacBride is serving as Minister of External Affairs when the Council of Europe drafts the European Convention on Human Rights. He serves as President of the Committee of Ministers of the Council of Europe from 1949 to 1950 and is credited with being a key force in securing the acceptance of this convention, which is finally signed in Rome on November 4, 1950. He is instrumental in the implementation of the repeal of the External Relations Act and the passing of the Republic of Ireland Act 1948 which comes into force in 1949.

Clann na Poblachta is reduced to only two seats after the 1951 Irish general election. MacBride keeps his seat and is re-elected again at the 1954 Irish general election. Opposing the internment of IRA suspects during the Border Campaign (1956–62), he contests both the 1957 and 1961 Irish general elections but fails to be elected both times. He then retires from politics but continues practicing as a barrister. He expresses interest in running as an independent candidate in the 1983 Irish presidential election, but does not receive sufficient backing and ultimately does not enter the contest.

Throughout the 1950s, 1960s, and 1970s, MacBride works tirelessly for human rights worldwide. He is a founding member of Amnesty International and serves as its International chairman from 1961 until 1975. During the 1980s, he initiates the Appeal by Lawyers against Nuclear War which is jointly sponsored by the International Peace Bureau and the International Progress Organization.

MacBride is awarded the Nobel Peace Prize in 1974 as a man who “mobilised the conscience of the world in the fight against injustice.” He later receives the Lenin Peace Prize (1975–76) and the UNESCO Silver Medal for Service (1980).

In his later years, MacBride lives in his mother’s home, Roebuck House, that served as a meeting place for many years for Irish nationalists, as well as in the Parisian arrondissement where he grew up with his mother, and enjoyed strolling along boyhood paths. In 1978, he receives the Golden Plate Award of the American Academy of Achievement.

MacBride dies in Dublin on January 15, 1988, just eleven days shy of his 84th birthday. He is buried in a simple grave in Glasnevin Cemetery, Dublin, with his mother, and wife who died in 1976.


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De Valera’s 1937 Constitution

Éamon de Valera’s new constitution, with its assertions of Ireland as a sovereign 32-county state, and its definition of Catholic morality and “women’s place” is approved on January 14, 1937.

De Valera’s 1937 constitution (Bunreacht na hÉireann) evokes a passionate rebuke of the articles defining the role and rights of women. The aspirations of 1916 had been eroded to the extent that the rights of half of the State’s citizens were reduced and effectively became second-class citizens. In 1936, while formulating the new constitution, Éamon de Valera establishes a civil service committee to assist him. They are all men. He also takes extensive advice from the president of the Supreme Court and the High Court. Both again are men. Archbishop of Dublin, John Charles McQuaid, also heavily influences the final text. There are only three women TDs at the time and none of them say a word in the Dáil debates on the draft.

Women are told that marriage should be their highest aspiration, child rearing their only creative outlet, and that economic dependence their civic duty. That in its turn produces levels of misogyny, emotional sterility and civic immaturity.

Article 41.2.1 becomes famous as ‘a woman’s place is in the home’ statement: “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.”

Many women protest in public and in private during the drafting of de Valera’s constitution. The Irish Women Workers Union, many of whose members had been involved in the 1916 Easter Rising, express outrage. A letter from the secretary to de Valera, quoting the clauses which refer to the position of women says, “it would hardly be possible to make a more deadly encroachment upon the liberty of the individual.” The constitution is accepted and a combination of revisionism and isolationism in the years that follow leave the majority of Ireland’s citizens ignorant of the legacy woman had been denied.

The fundamental principle of the 1916 proclamation, which guaranteed religious and civil liberty, equal rights and equal opportunities to all citizens, echoed by the 1922 Constitution of the Irish Free State, guaranteeing those rights to every person “without distinction of sex,” had been changed.

As commander of the Boland’s Mill outpost in 1916, de Valera had been the only leader to refuse women’s participation in the Rising. As with many of the woman who fought in the Rising, in the same streets where Elizabeth O’Farrell walked through gunfire, now with Article 41 of the Constitution, de Valera closes the door on women’s progress in a more definitive way.


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Northern Ireland Opts Out of the Irish Free State

The six counties of what would become Northern Ireland opt out of the Irish Free State on December 7, 1922 and become a separate political entity with allegiance to England.

The Irish Free State Constitution Act 1922 (Session 2) is an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.

As originally enacted, the Irish Free State Constitution Act 1922 consists of a preamble, five sections (three of which are very brief), and a schedule. The schedule is the text of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922, which had been passed in Ireland by the Third Dáil sitting as a constituent assembly and provisional parliament for the nascent Free State. This Irish Act itself has two schedules, the first being the actual text of the Constitution, and the second the text of the 1921 Treaty, formally the Articles of Agreement for a treaty between Great Britain and Ireland.

The Irish Act had been approved by the Irish constituent assembly on 25 October 25, 1922. The bill for the UK Act is introduced by the Prime Minister Bonar Law into the Parliament of the United Kingdom in November 1922. The bill’s third reading in the House of Commons is on November 30. The Act receives Royal assent on December 5, 1922.

On December 7, 1922, the day after the establishment of the Irish Free State, the Parliament of Northern Ireland addresses King George V requesting its secession from the Irish Free State. The address is unanimous, with the abstentionist Nationalist Party and Sinn Féin members absent. The King replies shortly thereafter to say that he has caused his Ministers and the Government of the Irish Free State to be informed that Northern Ireland is to do so.

After the Statute of Westminster 1931, the UK government recognises the right of the Irish government to amend or repeal the UK act, but in fact the Irish government does not do so until it is formally repealed as spent by the Statute Law Revision Act 2007. The Irish government amends the Irish act in 1933 and the 1937 Constitution of Ireland repeals the entire Free State constitution. The UK Judicial Committee of the Privy Council rules in 1935 that the 1933 Act had implicitly amended the UK Act with respect to the jurisdiction of the Free State. The Supreme Court of Ireland has taken the view that the Free State constitution was enacted by the Irish Act, not by the subsequent UK Act. This reflects the view of popular sovereignty rather than parliamentary sovereignty, with the constitution’s legitimacy ultimately springing from the 1922 Irish general election.


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Second Inauguration of Mary McAleese

Mary McAleese is inaugurated as President of Ireland for a second term on November 11, 2004, becoming the fourth president up to that point to secure a second term, joining Sean T. O’Kelly, Éamon de Valera and Patrick Hillery. As of this writing in 2020, Michael D. Higgins is currently serving his second term as president.

McAleese’s initial seven-year term of office ends in November 2004, but she stands for a second term in the 2004 Irish presidential election. Following the failure of any other candidate to secure the necessary support for nomination, the incumbent president stands unopposed, with no political party affiliation, and is declared elected on October 1, 2004.

McAleese is re-inaugurated at the commencement of her second seven-year term on November 11, 2004. Her very high approval ratings are widely seen as the reason for her re-election, with no opposition party willing to bear the cost, financial or political, of competing in an election that would prove difficult to win.

Following the inauguration ceremony earlier in the day in Dublin Castle, McAleese attends a reception there hosted by the Government to mark the beginning of her second term of office. The 700 invited guests include members of the Government, the Oireachtas, the judiciary and dignitaries from Christian churches and other faiths.

McAleese identifies the need for strong and resilient communities as the theme of her second term in office. Speaking after her inauguration in the afternoon, she says, “The cushion of consumerism is no substitute for the comfort of community.” Speaking on the Northern Ireland peace process, she urges the hesitant to “muster the courage to complete the journey to a bright new landscape of hope.”

McAleese’s first term is distinguished by her work following the Omagh bombing and the September 11 terror attacks in the United States, as well as her behind-the-scenes work to open a dialogue with loyalists after the Good Friday Agreement.

Prevented by the Constitution of Ireland from running for a third term, McAleese leaves office in 2011 as one of Ireland’s most popular and respected presidents.

(Pictured: the second inauguration of Mary McAleese, November 11, 2004, President of Ireland website, http://www.president.ie)


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The First Amendment of the Constitution of Ireland

constitution-of-irelandThe 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.


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Éamon de Valera Elected 3rd President of Ireland

president-eamon-de-valeraThe 1959 Irish presidential election is held on June 17, 1959. Éamon de Valera, then Taoiseach, is elected as President of Ireland. A referendum proposed by de Valera to replace the electoral system of proportional representation by means of the single transferable vote with first-past-the-post voting which is held on the same day is defeated by 48.2% to 52.8%.

Under Article 12 of the Constitution of Ireland, a candidate for president may be nominated by:

  • at least twenty of the then 207 serving members of the Houses of the Oireachtas, or
  • at least four of 31 councils of the administrative counties, including county boroughs, or
  • themselves, in the case of a former or retiring president.

Outgoing president Seán T. O’Kelly had served two terms, and is ineligible to serve again. On April 27, the Minister for Local Government, Neal Blaney, signs the ministerial order opening nominations, with noon on May 19 as the deadline for nominations, and June 17 set as the date for a contest. All Irish citizens on the Dáil electoral register are eligible to vote.

De Valera who had served as President of Dáil Éireann and President of the Irish Republic from 1919 to 1922 during the Irish revolutionary period, as President of the Executive Council of the Irish Free State from 1932 to 1937, and as Taoiseach from 1937 to 1948, from 1951 to 1954, and again from 1957 until his election as president, is nominated by Fianna Fáil on May 12. He had served as Fianna Fáil’s leader since its foundation in 1926.

Seán Mac Eoin, a Fine Gael TD who had been the party’s candidate in the 1945 Irish presidential election, is nominated again by the party on May 15.

Patrick McCartan, who had also been a candidate in the 1945 election and had served as a senator for Clann na Poblachta from 1948 to 1951, is nominated by two county councils only, short of the four required for nomination. Eoin O’Mahony also seeks and fails to secure a nomination by county councils.

De Valera wins the popular vote with 538,003 votes (56.3%) to Mac Eoin’s 417,536 votes (43.7%).

Éamon de Valera is inaugurated as the third President of Ireland on June 25, 1959.