seamus dubhghaill

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

Tag Archives: Department of Justice (Ireland)


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Birth of Gerard Hogan, Judge, Lawyer & Academic

Gerard William Augustine Hogan, MRIA, Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021, is born on August 13, 1958, in Carrick-on-Suir, County Tipperary. He previously serves as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. He first works as a barrister and lecturer in law specialising in constitutional and administrative law.

Hogan is born to Mai and Liam Hogan. His father is the deputy principal of the Christian Brothers secondary school in the town. He is educated at University College Dublin (UCD), from where he receives BCL and LLM degrees in 1979 and 1981. He co-authors his first book Prisoners’ Rights: A Study in Irish Prison Law in 1981 with Paul McDermott and Raymond Byrne. He obtains a John F. Kennedy memorial scholarship to study for an LLM at the University of Pennsylvania Law School. He subsequently attends the King’s Inns. He holds two doctorates – an LLD from UCD and a PhD in law from Trinity College Dublin in 2001.

In 1986, early in his legal career, he supports the Anti-Apartheid Movement with other legal scholars, including Mary McAleese, Mary Robinson and Bryan MacMahon. He is involved with the Progressive Democrats and in 1988 writes the party’s proposed new Constitution of Ireland with Michael McDowell. In May 2021, he is made a member of the Royal Irish Academy.

Hogan is called to the Bar in July 1984 and becomes a Senior Counsel in 1997. He appears domestically in cases in the High Court and the Supreme Court and internationally at the European Court of Human Rights and the European Court of Justice.

Hogan is noted in particular for his experience in constitutional law. He acts for the Attorney General of Ireland in references made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997. He appears again for the Attorney General (with Dermot Gleeson and Paul Gallagher) in another reference made by President Mary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.

Hogan is a law lecturer and fellow at Trinity College Dublin from 1982 to 2007. He lectures on constitutional law, competition law and the law of tort. He is regarded as “one of the foremost constitutional and administrative lawyers in Ireland.” He is the co-author of Administrative Law in Ireland and JM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively. He also writes a text on political violence and a book chronicling the origins of the Constitution of Ireland.

During his career as a barrister, Hogan is involved in cases involving employment law, habeas corpus, immigration law, judicial review, company law and commercial law.

Hogan appears for Katherine Zappone and Ann Louise Gilligan in Zappone v. Revenue Commissioners in the High Court and Miss D in her case related to the rights to travel abroad for an abortion. He represents the State in the High Court and the Supreme Court in litigation that emerges following a court finding that an offence of unlawful carnal knowledge is unconstitutional. In 2008, he acts for Colm Murphy and Seamus Daly in the Supreme Court who are contesting an action taken by families of victims of the Omagh bombing when they are refused access to books of evidence.

Hogan is involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He represents Desmond O’Malley at the Beef Tribunal in 1992, Dermot Desmond at the Moriarty Tribunal in 2004, and Jim Higgins and Brendan Howlin in actions related to the Morris Tribunal. He acts for the Committee on Members’ Interests of Seanad Éireann in action taken by Ivor Callely.

Hogan is the first barrister to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.

Throughout his career, Hogan has been a member of committees and boards in areas requiring legal expertise. He chairs the Department of Justice‘s Balance in Criminal Law Review Group and is a member of three other review groups: the Constitution Review Group, the Competition and Mergers Review Group and the Offences Against the State Acts Review Group. He is also a member of the Competition Authority‘s Advisory Panel and the Committee on Court Practice and Procedure.

Hogan is appointed a Judge of the High Court in 2010. Soon after his appointment, he holds an emergency hearing in his home regarding a blood transfusion for a sick baby. He is one of three judges who hears a case taken by Marie Fleming, seeking a right to die in 2012. His reference to the European Court of Justice in 2014 regarding the International Safe Harbor Privacy Principles, results in a declaration by the Grand Chamber that the Safe Harbour Decision is invalid. He subsequently becomes a Judge of the Court of Appeal upon its establishment in October 2014.

In May 2018, Hogan is nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice. His term begins in October 2018 and was scheduled to expire in October 2024. Anthony Collins is appointed in 2021 to complete his term following his appointment to the Supreme Court. He concludes his term on October 7, 2021.

In one of his first opinions, on a reference from the French Conseil d’État, Hogan finds that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of October 25, 2011, requires that products originating from Israeli-occupied territories should indicate if these products come from such a territory. His opinion is followed by the Court of Justice.

In April 2021, the Irish government nominates Hogan to the Supreme Court of Ireland. He is appointed in October 2021.


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Death of Robert Briscoe, Fianna Fáil Politician

Robert Emmet Briscoe, Fianna Fáil politician who serves as a Teachta Dála (TD) in the Oireachtas from 1927 to 1965, dies on March 11, 1969.

Briscoe is born in Dublin on September 25, 1894, the son of Abraham William Briscoe and Ida Yoedicke, both of whom are Lithuanian-Jewish immigrants. The original family name in Lithuania is believed to have been Cherrick or Chasen. His brother Wolfe Tone Briscoe is named after Theobald Wolfe Tone, one of the leaders of the Irish Rebellion of 1798. His father is the proprietor of Lawlor Briscoe, a furniture factory on Ormond Quay which makes, refurbishes, imports, exports and sells furniture, trading all over Ireland and abroad.

Briscoe is active in the Irish Republican Army (IRA) and Sinn Féin during the Irish War of Independence and accompanies Éamon de Valera to the United States. He speaks for the Sinn Féin cause at public meetings there and is adamant that being a “Hebrew” does not lessen his Irishness. He is sent by Michael Collins to Germany in 1919 to be the chief agent for procuring arms for the IRA. While in Germany in 1921 he purchases a small tugboat named Frieda to be used in transporting guns and ammunition to Ireland. On October 28, 1921, the Frieda slips out to sea with Charles McGuinness at the helm and a German crew with a cargo of 300 guns and 20,000 rounds of ammunition. Some sources cite this shipment as “the largest military shipment ever to reach the IRA” consisting of 1,500 rifles, 2,000 pistols and 1.7 million rounds of ammunition. On November 2, 1921, the Frieda successfully lands its cargo near Waterford Harbour.

In June 1922 during the Irish Civil War, Briscoe is involved in an incident with fellow anti-treaty IRA members who attack pro-treaty politician Darrell Figgis at his home. They enter the house and assault Figgis, cutting off his well-prized beard in the process. This traumatises Figgis’ wife Millie, who had been under the impression Briscoe and his fellow assistants had come to kill Figgis. In November 1924 Millie commits suicide, expressing in a suicide note that she was suffering from depression as a result of the 1922 attack. Figgis himself commits suicide in 1926.

In his biography, Briscoe recalls an incident of being recognised by a pro-Treaty opponent during the Civil War. He merely turns and walks away, confident that his enemy will not shoot him in the back.

Elected to the Dáil in the newly independent Ireland, Briscoe works with Patrick Little to bring through a law limiting the interest that can be charged by moneylenders and also, as he writes, “made it illegal for a married woman to borrow money without the knowledge and consent of her husband, for these foolish ones are always the easiest prey of the moneylenders.”

During World War II, Briscoe, at this time a member of Dáil Éireann, comes under close scrutiny from the Irish security services. His support for Zionism and his lobbying on behalf of refugees is considered potentially damaging to the interests of the state by officials from the Department of Justice. He is an admirer and friend of Ze’ev Jabotinsky and his campaign to liberate the Jews. Between 1939 and 1940, he along with John Henry Patterson, a former commander of both the Zion Mule Corps and later the 38th Battalion of the Royal Fusiliers, are involved in fund raising for the Irgun in the United States. Jabotinsky while head of Irgun visits Dublin to receive training in guerrilla warfare tactics against the British under the instruction of Briscoe. During the period Briscoe describes himself as the “Chair of Subversive Activity against England.” He wishes for Ireland to give asylum to Jews fleeing Nazi Germany but does so discreetly in order not to be accused of compromising the neutrality policy of the Fianna Fáil government.

After World War II Briscoe acts as a special advisor to Menachem Begin in the transformation of Irgun from a paramilitary group to a parliamentary political movement in the form of Herut in the new Israeli state. The party later becomes Likud. As he had already been a key figure in the formation in his own Fianna Fáil party out of the Anti-treaty IRA post Irish independence but not before a bitter Civil War, he prompts Begin to make the transition immediately after the Altalena Affair in order to avoid a similar civil conflict.

Briscoe serves in Dáil Éireann for 38 years and is elected 12 times in the Dublin South and from 1948, Dublin South-West constituencies. He retires at the 1965 Irish general election, being succeeded by his son, Ben, who serves for a further 37 years. In 1956, he becomes the first Jewish Lord Mayor of Dublin, although he is not the first Jewish Mayor in Ireland. That title belongs to William Annyas, who was elected Mayor of Youghal, County Cork in 1555. He serves a one-year term and is re-elected in 1961. His son Ben is also a Fianna Fáil TD, and he too serves as Lord Mayor of Dublin from 1988–1989.

Briscoe’s memoir, For the Life of Me, is published in 1958.