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Tag Archives: Department of Justice


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Resignation of Tánaiste Frances Fitzgerald

Tánaiste Frances Fitzgerald resigns from Government in the “national interest” on November 28, 2017, hours ahead of a no-confidence motion in the Dáil threatens to bring down the Government.

Fitzgerald tells a Cabinet meeting she will be “vindicated” by the Disclosures Tribunal led by Justice Peter Charleton, which is examining allegations of the smear campaign against Garda whistleblower Sgt. Maurice McCabe.

The Tánaiste tells her colleagues she believes she has done nothing wrong but is resigning to avoid “an unwelcome and potentially destabilising general election.” In a statement, she says, “It has been the greatest honour of my life to serve in Government, but I believe it is necessary to take this decision to avoid an unwelcome and potentially destabilising general election at this historically critical time.”

The Tánaiste says she has always sought to act with integrity and responsibility, and is now seeking to place “the national interest ahead of my own personal reputation.” She adds, “I decided that my continuation in office risks destabilising that good work, and so I have decided to step down so that this work may continue and the country can be spared an unnecessary election. It will also allow me to vindicate my good name at the Charleton tribunal, without causing any further distraction to the work of the government. I have always believed in due process and I believe that in the current situation that is becoming increasingly difficult for me. I acted correctly in difficult circumstances and, in fact, did everything that I could to support the search for truth and protect whistleblowers.”

Earlier in the day, Attorney General Séamus Woulfe gives a presentation to the Cabinet insisting it would be “inappropriate and improper” for Fitzgerald to have intervened when she received the emails in 2015.

Taoiseach Leo Varadkar accepts Fitzgerald’s resignation at the end of the Cabinet meeting and telephones Fianna Fáil leader Micheál Martin to advise him of the development. In a statement in the Dáil, Varadkar says she is leaving office without getting a full and fair hearing but the work of Government must not be interrupted. It is my strong view that a good woman is leaving office without getting a full and fair hearing. Frances has been an exemplary member of Government and a loyal colleague.”

Varadkar announces that he is launching an external inquiry into how the “dysfunctional” Department of Justice responded to the emails about Sgt. McCabe. He also has to appoint a new Tánaiste and a new Minister for Business, Enterprise and Innovation.

Varadkar also announces that Minister for Justice Charles Flanagan is to make a Dáil statement on the controversies surrounding his department. He tells the Dáil that Flanagan will apologise for his department’s failure to answer questions fully in recent weeks and will offer further assurance that questions not answered yet would be answered.

In the evening, Secretary General of the Department of Justice Noel Waters confirms his departure from his position. He is due to resign in February 2018 but confirms he will leave the role immediately. This is a decision he has made on his own, he adds.

Meanwhile, Fine Gael sources say the resignation of Fitzgerald has handed the Fianna Fáil leader a “significant win” and has damaged the Taoiseach. Speaking at his frontbench meeting after the resignation is confirmed, Martin thanks his party for their patience over a difficult few days. He says the focus now needs to be on Brexit and supporting the Government’s stance during the talks scheduled for mid-December.

Fitzgerald had been under intense political pressure in recent days over the handling of the case of Garda whistleblower Sgt McCabe. However, even if the immediate threat of an election has been removed, the crisis has significantly weakened the Government and damaged trust between Fine Gael and Fianna Fáil, which supports the minority Government with a confidence-and-supply arrangement.

Fitzgerald has insisted she was unaware of a legal strategy by former Garda commissioner Nóirín O’Sullivan in 2015 to question the integrity and credibility of Sgt. McCabe at the O’Higgins commission, which was examining allegations of Garda malpractice.

Fianna Fáil and Sinn Féin have been seeking the Tánaiste’s resignation, and both table motions of no confidence in her, the first of which is due to have been heard at 8:00 PM that evening.

During the crisis Varadkar stands by Fitzgerald and offers her his full support. However, Fine Gael Teachtaí Dála (TD) and Ministers question Varadkar’s confidence in Fitzgerald in recent days as more details emerge. Fine Gael Ministers react with fury on November 27 when it emerges that Fitzgerald had received three emails on two separate dates notifying her of the legal strategy pursued by O’Sullivan against Sgt. McCabe.

The Department of Justice emails show Fitzgerald was repeatedly told in 2015 about an “aggressive” approach to undermine Sgt. McCabe at the O’Higgins commission. In two separate emails on July 4, 2015, she is advised of media queries about the “aggressive” approach being adopted by former Garda commissioner O’Sullivan and advises how to respond if the media asks her about the matter. It is a senior Department of Justice official who describes the approach as “aggressive.”

The emails reveal that a senior official suggested to Fitzgerald that she should say that it would be “very unfair to Sgt. McCabe” if she was to respond to queries about the commission. This release of emails about the controversy undermines efforts to defuse the row between Fine Gael and Fianna Fáil over Fitzgerald’s position.

Earlier in the day, Independent Alliance members of Cabinet say they will seek “political accountability” from Fitzgerald. There had been no appetite from within Fine Gael for a general election on the matter, as they fear they will face an intense backlash from voters.

(From: “Frances Fitzgerald resigns in ‘national interest’ to avoid an election” by Sarah Bardon, The Irish Times, http://www.irishtimes.com, November 28, 2017)


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Body of Jack Lynch Moved to Church of St. Paul of the Cross

On October 21, 1999, President Mary McAleese leads mourners at the removal of the body of former Taoiseach and Fianna Fáil leader, Jack Lynch, from Dublin’s Royal Hospital, where he had died the previous day, to the Church of St. Paul of the Cross, Mount Argus.

Jack Lynch, in full John Mary Lynch, is born on August 15, 1917, in Cork, County Cork. He serves as Taoiseach of Ireland from 1966 to 1973 and from 1977 to 1979.

Lynch studies law and enters the civil service with the Department of Justice in 1936. He eventually decides on a legal career, is called to the bar in 1945, resigns from the civil service, and practices on the Cork circuit. He already enjoys a national reputation as a sports hero as he had won five All-Ireland medals as a Cork hurler and another as a footballer.

Lynch joins Fianna Fáil and wins a seat in Dáil Éireann, the lower house of the Oireachtas, in 1948. He works closely with Éamon de Valera in opposition (1948–51), and de Valera appoints him a Parliamentary Secretary in 1951–1954, Minister for the Gaeltacht in 1957, and Minister for Education in 1957–1959. When Seán Lemass succeeds de Valera as Taoiseach in 1959, he makes Lynch Minister for Industry and Commerce and in 1965–1966 Minister for Finance.

Lemass’s retirement in 1966 causes an internal party conflict over the succession that leads to Lynch’s selection as a compromise candidate, a position he reluctantly accepts. In November 1966 he becomes leader of Fianna Fáil and Taoiseach. In June 1969 he becomes the only Fianna Fáil leader other than de Valera to win an overall majority in a general election.

In 1969–1973 Lynch plays an important role when civil unrest leads to the collapse of the government of Northern Ireland and poses a threat to the stability of the Irish state. He fires two cabinet ministers who are suspected of involvement in smuggling arms to the Provisional Irish Republican Army (IRA). He also creates a consensus in Irish party politics on a policy of conciliation and cooperation with the British government in seeking a solution to the Northern Ireland problem based on establishing power-sharing between the unionist majority and the Roman Catholic minority.

In 1972 Lynch wins an 83% majority in a referendum on Ireland’s entry into the European Economic Community and, on January 1, 1973, Ireland becomes a member. Although he is defeated in the 1973 Irish general election, he again demonstrates his remarkable popularity at the polls in 1977 when Fianna Fáil wins their largest and their last overall majority. In December 1979, however, discouraged by challenges to his authority from party colleagues, he resigns his leadership and soon after retires from politics. He serves on a number of corporate boards after his retirement.

Lynch dies in the Royal Hospital, Donnybrook, Dublin on October 20, 1999 at the age of 82. He is honoured with a state funeral which is attended by the President Mary McAleese, Taoiseach Bertie Ahern, former Taoisigh John Bruton, Albert Reynolds and Charles Haughey, and various political persons from all parties. The coffin is then flown from Dublin to Cork where a procession through the streets of the city draw some of the biggest crowds in the city’s history. Following the Requiem Mass celebrated in his home parish of the Cathedral of St. Mary and St. Anne, his friend and political ally, Desmond O’Malley, delivers the graveside oration, paying tribute to Lynch’s sense of decency. He is buried in St. Finbarr’s Cemetery, Cork.


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Birth of James Kelly, Irish Army Intelligence Officer

Capt. James Kelly, former Irish Army intelligence officer who is found not guilty of attempting to illegally import arms for the Provisional Irish Republican Army in the Arms Trial of 1970, is born on October 16, 1929 in Bailieborough, County Cavan.

Kelly is the eldest of ten children born into a staunchly Irish republican family. His father, also named James Kelly, had stood for Sinn Féin in local elections in 1918, topping the poll. An ancestor from the late 18th century, Robert Kelly, was a member of the Society of United Irishmen, and was supposedly a Officer Commanding of the United Irishmen in the East Cavan/South Monaghan area. Kelly joins the Irish Army in 1949. By 1960 he has been promoted to captain and appointed to the intelligence section at army headquarters.

Kelly is a central figure in the Arms Trial, having travelled to Hamburg to arrange the purchase of arms. It emerges later that Neil Blaney had ordered him to do so outside normal legal channels, but before the weapons arrive the Garda Special Detective Unit has heard of the plan and informs Taoiseach Jack Lynch, aborting the importation and resulting in criminal charges for the plotters. Although in his summation the judge says it is no defence for Kelly to say that he believed that the government had authorised the importation of arms, Kelly is acquitted.

Although he is acquitted, Kelly suffers financially because he had felt compelled to resign from the Army even before the prosecution is brought. He prints and publishes a personal memoir in paperback format called Orders for the Captain? in 1971.

Kelly never denies that he had been involved in extra-legal arms purchase talks, but contends that he had been ordered to do so by some ministers. A typical version of the events is found in a 1993 hostile biography of Charles Haughey, claiming: “As early as October 1969, to the certain knowledge of Charles Haughey, James Gibbons, the Department of Justice, the Special Branch and Army Intelligence, there were meetings with leading members of the Irish Republican Army (IRA), when they were promised money and arms. The critical encounter took place in Bailieborough [sic], County Cavan, on Saturday, 4 October 1969. It had been arranged by Captain James Kelly, an army intelligence officer, and Cathal Goulding. Kelly, at that stage, was already the subject of several security reports to the Secretary of the Department of Justice, Peter Berry, from the Special Branch, implicating Kelly with subversives and with promises of money and of arms.” Kelly never objects to such versions of the events of 1969.

Following the Arms Trial, Kelly joint-founds Aontacht Éireann, a political party directly born out of the scandal. He is elected vice-chairman of the party and stands in Dáil elections for them unsuccessfully on two occasions in 1973 and 1977 in the Cavan-Monaghan constituency. Aontacht Éireann meets with little success at the polls and by 1980 he has joined Fianna Fáil, becoming a member of its national executive. Following the first applications of the 1987 Extradition (European Convention on the Suppression of Terrorism) Act, he resigns from the party in 1989 in opposition to the extradition of Provisional IRA prisoners to the United Kingdom. He also serves twice as President of the “1916-1921” Club.

Kelly is heavily involved in the Northern Ireland peace process. In 1989 he publishes his own draft on how a peace process could proceed. His document called The Courage of the Brave is launched in Conway Mill, Belfast on August 24, 1989. Present on the platform party at the launch of the document are Fianna Fáil Councillor Macarten McCormack, Ernest Cowan, Chairman of Kentstown Fianna Fáil who had served with Captain Kelly on the Fianna Fáil National Executive, Robert C. Linnon, National President, Irish American Unity Conference, Kate Lavery, representing John J. Finucane, National President, American Irish Political Education Committee and Father Des Wilson of Belfast.

Kelly dies on July 16, 2003 and is buried in Glasnevin Cemetery in Dublin. The epitaph on his grave is “Put not your trust in princes,” which is a quote from Niccolò Machiavelli.


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Death of James Kelly, Irish Army Intelligence Officer

james-kellyJames Kelly, former Irish Army intelligence officer who is found not guilty, along with two former Irish government ministers, of attempting to illegally import arms for the Provisional Irish Republican Army in the Arms Crisis of 1970, dies on July 16, 2003.

Kelly is the eldest of ten children, born on October 16, 1929 into a staunchly Irish republican family from Bailieborough, County Cavan.

Kelly is a central figure in the Arms Crisis, having traveled to Hamburg to arrange the purchase of arms. It emerges later that Neil Blaney had ordered him to do so outside normal legal channels, but before the weapons arrive the Gards Special Detective Unit hears of the plan and informs the Taoiseach, Jack Lynch, aborting the importation and resulting in criminal charges for the plotters. Although in his summation the judge says it is no defence for Kelly to say that he believes that the government authorised the importation of arms, Kelly is acquitted.

Despite his acquittal, Kelly suffers financially because he had felt compelled to resign from the Army even before the prosecution was brought. He prints and publishes a personal memoir in paperback format called Orders for the Captain? in 1971.

Kelly never denies his involvement in extra-legal arms purchase talks, but contends that he had been ordered to do so by some ministers. A typical version of the events is found in a 1993 hostile biography of Charles Haughey, claiming: “As early as October 1969, to the certain knowledge of Charles Haughey, James Gibbons, the Department of Justice, the Special Branch and Army Intelligence, there were meetings with leading members of the IRA, when they were promised money and arms. The critical encounter took place in Bailieborough, County Cavan, on Saturday, 4 October 1969. It had been arranged by Captain James Kelly, an army intelligence officer, and Cathal Goulding. Kelly, at that stage, was already the subject of several security reports to the Secretary of the Department of Justice, Peter Berry, from the Special Branch, implicating Kelly with subversives and with promises of money and of arms.” Kelly never objected to such versions of the events of 1969.

Kelly is elected vice-chairman of Aontacht Éireann. Aontacht Éireann meets with little success at the polls and by 1980 he has joined Fianna Fáil, becoming a member of its national executive. Following the first applications of the 1987 Extradition (European Convention on the Suppression of Terrorism) Act, he resigns from the party in 1989 in opposition to the extradition of Provisional IRA prisoners to the United Kingdom. He also serves twice as President of the 1916-1921 Club. He launches a successful defamation case against Garret FitzGerald over an article in The Irish Times.

James Kelly dies on July 16, 2003 and is buried in Glasnevin Cemetery in Dublin. The epitaph on his grave is “Put not your trust in princes,” a quote from Psalm 146.


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Birth of Seán Doherty, Fianna Fáil Politician

sean-doherty

Seán Doherty, Fianna Fáil politician who serves as Cathaoirleach of Seanad Éireann from 1989 to 1992 and Minister for Justice from March 1982 to December 1982, is born on June 29, 1944, in Cootehall near Boyle, County Roscommon. He also serves as a Teachta Dála (TD) from 1977 to 1989 and 1992 to 2002 and is a Senator for the Administrative Panel from 1989 to 1992.

Doherty is educated at national level in County Leitrim and then at University College Dublin and King’s Inns. In 1965, he becomes a member of the Garda Síochána and serves as a detective in Sligo before joining the Special Detective Unit in Dublin in the early 1970s. In 1973, he takes a seat on the Roscommon County Council, which had been vacated after the death of his father.

After serving for four years on the Roscommon County Council, Doherty is elected as a Fianna Fáil TD for the Roscommon–Leitrim constituency at the 1977 general election.

In 1979, Doherty is a key member of the so-called “gang of five” which supports Charles Haughey‘s attempt to take over the leadership of the party. The other members are Albert Reynolds, Mark Killilea Jnr, Tom McEllistrim and Jackie Fahey. Haughey is successful in the Fianna Fáil leadership election and Doherty is rewarded by being appointed Minister of State at the Department of Justice from 1979 to 1981. In the short-lived 1982 Fianna Fáil government he enters the Cabinet as Minister for Justice. In this post he becomes involved in a series of controversies.

Doherty’s brother-in-law, Garda Thomas Nangle, is charged with assaulting James McGovern, a native of County Fermanagh, in a public house in December 1981. On September 27, 1982, hours before the case is due to be heard in District Court in the small village of Dowra, County Cavan, McGovern is arrested by the Special Branch of the Royal Ulster Constabulary (RUC) on the basis of entirely false Garda intelligence that he is involved in terrorism. The case against Nangle is dismissed because the principal witness, McGovern, fails to appear in court. The solicitor representing Nangle is Kevin Doherty, Seán Doherty’s brother. This questionable use of Garda/RUC Special Branch liaison, set up under the 1985 Hillsborough Anglo-Irish Agreement, prevents meetings between the Garda commissioner and the RUC chief constable for almost three years.

After Doherty leaves office it is revealed in The Irish Times that he ordered the tapping of three journalists home telephones. The newspaper also discloses that he has been interfering in the workings of the Garda and the administration of justice for both political and personal reasons. He immediately resigns from the party only to rejoin it in 1984.

At the 1989 general election his loses his seat in Dáil Éireann to the independent candidate Tom Foxe. He is also an unsuccessful candidate in the elections on the same day to the European Parliament, but he is later elected instead to the Seanad on the Administrative Panel and becomes the Cathaoirleach (Chairman) of the 19th Seanad.

In January 1992 the phone tapping scandal returns to haunt Fianna Fáil. Doherty announces in a television interview that he had shown transcripts of the conversations to Charles Haughey while Haughey was Taoiseach in 1982 although he had previously denied this. Haughey denies the claim also, but is forced to resign from the government, and then resigns as leader of Fianna Fáil. Doherty then regains his seat at the 1992 general election and holds it until his retirement at the 2002 general election.

Seán Doherty dies at Letterkenny General Hospital of a brain hemorrhage on June 7, 2005, while on a family holiday in County Donegal.