seamus dubhghaill

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


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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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Death of Michael Butler Yeats, Barrister & Politician

Michael Butler Yeats, barrister, Fianna Fáil politician and only son of the poet William Butler Yeats, dies on January 3, 2007 in Dún Laoghaire, County Dublin. He serves two periods as a member of Seanad Éireann.

Yeats is born on August 22, 1921 in Thame, Oxfordshire, England to W. B. Yeats, who also served in the Seanad, and his mother, Georgie Hyde-Lees. His sister Anne Yeats is a painter and designer, as is his uncle Jack Butler Yeats. He is educated at Trinity College, Dublin and is an officer in the College Historical Society. He unsuccessfully stands for election to Dáil Éireann at the 1948 Irish general election and the 1951 Irish general election for the Dublin South-East constituency.

Following the 1951 election, Yeats is nominated to the 7th Seanad by the Taoiseach Éamon de Valera. He stands at the subsequent 1954 Irish general election for the 8th Seanad but is not elected.

From 1961 to 1980 Yeats is a member of Seanad Éireann. In 1961 he is elected to the 10th Seanad by the Labour Panel. In 1965 he is nominated by the Taoiseach Seán Lemass to the 11th Seanad. In 1969 he is elected to the 12th Seanad by the Cultural and Educational Panel where he serves as Cathaoirleach (chair) until 1973. He is re-elected to the 13th Seanad in 1973. In 1977, he is nominated by the Taoiseach Jack Lynch to the 14th Seanad. He resigns from the Seanad on March 12, 1980.

While a senator, Yeats serves as a Member of the European Parliament from 1973 to 1979, being appointed to Ireland’s first, second and third delegations. He stands at the first direct elections in 1979 for the Dublin constituency but is not elected.

Yeats is married to Gráinne Ni hEigeartaigh, a singer and Irish harpist. They have four children: daughters Caitríona (a concert harpist), Siobhán (a patents professional) and Síle (a broadcaster with RTÉ who also dies in 2007), and a son, Pádraig (an engineer).

Yeats dies on January 3, 2007 in St. Michael’s Hospital in Dún Laoghaire. His funeral service takes place in St. Patrick’s Church, Harbour Road, Dalkey, on January 8, 2007, followed by burial in Shanganagh Cemetery.


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The Republic of Ireland Act 1948 Signed Into Law

The Republic of Ireland Act 1948 is an Act of the Oireachtas which declares that Ireland may be officially described as the Republic of Ireland, and vests in the President of Ireland the power to exercise the executive authority of the state in its external relations, on the advice of the Government of Ireland. The Act is signed into law on December 21, 1948 and comes into force on April 18, 1949, Easter Monday, the 33rd anniversary of the beginning of the Easter Rising.

The Act repeals the External Relations Act 1936. Under that Act, King George VI acts as the Irish head of state in international relations by accredited ambassadors and on the State’s behalf accepts credentials appointing foreign ambassadors to the State. The Republic of Ireland Act removes this last remaining practical role from the King and vests it instead in the President of Ireland, making the then President of Ireland, Seán T. O’Kelly, unambiguously the Irish head of state.

In 1945, when asked if he plans to declare a Republic, the then Taoiseach Éamon de Valera replies, “we are a republic.” He also insists that Ireland has no king, but simply uses an external king as an organ in international affairs. However, that is not the view of constitutional lawyers including de Valera’s Attorneys General, whose disagreement with de Valera’s interpretation only come to light when the state papers from the 1930s and 1940s are released to historians. Nor is it the view in the international arena, who believe that Ireland does have a king, George VI, who had been proclaimed King of Ireland in December 1936, and to whom they accredit ambassadors to Ireland. King George, in turn, as “King of Ireland” accredits all Irish diplomats. All treaties signed by the Irish Taoiseach or Minister for External Affairs are signed in the name of King George.

In October 1947, de Valera asks his Attorney General, Cearbhall Ó Dálaigh, to draft a bill to repeal the External Relations Act. By 1948 a draft of the bill includes a reference to the state as being a republic. In the end, the draft bill is never submitted to the Oireachtas for approval.

The bill to declare Ireland a republic is introduced in 1948 by the new Taoiseach, John A. Costello of the Fine Gael party. Costello makes the announcement that the bill is to be introduced when he is in Ottawa, during an official visit to Canada. David McCullagh suggests that it is a spur of the moment reaction to offence caused by the Governor General of Canada, Lord Alexander, who is of Northern Irish descent, who allegedly places loyalist symbols before an affronted Costello at a state dinner. What is certain is that an agreement that there be separate toasts for the King and for the President of Ireland is broken. The Irish position is that a toast to the King, instead of representing both countries, would not include Ireland. Only a toast to the King is proposed, to the fury of the Irish delegation. Shortly afterwards Costello announces the plan to declare the republic.

However, according to all but one of the ministers in Costello’s cabinet, the decision to declare a republic had already been made before Costello’s Canadian visit. Costello’s revelation of the decision is because the Sunday Independent had discovered the fact and was about to “break” the story as an exclusive. The evidence of what really happens remains ambiguous. There is no record of a prior decision to declare a republic before Costello’s Canadian trip.

At any rate, the Act is enacted with all parties voting for it. De Valera does suggest that it would have been better to reserve the declaration of the republic until Irish unity had been achieved, a comment hard to reconcile with his 1945 claim that the Irish state was already a republic. Speaking in Seanad Éireann Costello tells senators that as a matter of law, the King is indeed “King of Ireland” and Irish head of state and the President of Ireland is in effect no more than first citizen and a local notable, until the new law comes into force.

The United Kingdom responds to the Republic of Ireland Act by enacting the Ireland Act 1949. This Act formally asserts that the Irish state had, when the Republic of Ireland Act came into force, ceased “to be part of His Majesty’s dominions” and accordingly is no longer within the Commonwealth. Nonetheless the United Kingdom statute provides that Irish citizens will not be treated as aliens under British nationality law. This, in effect, grants them a status similar to the citizens of Commonwealth countries.


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Seán MacBride Receives the Nobel Peace Prize

Seán MacBride, Irish Clann na Poblachta politician who serves as Minister for External Affairs from 1948 to 1951, Leader of Clann na Poblachta from 1946 to 1965 and Chief of Staff of the Irish Republican Army (IRA) from 1936 to 1937, receives the Nobel Peace Prize in Oslo on December 10, 1974. He also serves as a Teachta Dála (TD) from 1947 to 1957.

Rising from a domestic Irish political career, MacBride founds or participates in many international organisations of the 20th century, including the United Nations, the Council of Europe and Amnesty International. In addition to the Nobel Peace Prize, he receives the Lenin Peace Prize for 1975–76 and the UNESCO Silver Medal for Service in 1980.

MacBride is awarded the Peace Prize for his efforts on behalf of human rights, among other things as one of the founders of Amnesty International. He is described as a man who “mobilised the conscience of the world in the fight against injustice.” In December 1973, he is elected United Nations Commissioner for Namibia, a position he holds until January 1, 1977. In 1974 he is also Chairman of the International Peace Bureau and Under-Secretary-General of the United Nations.

MacBride, nevertheless, has had a violent past. His father is executed following the Easter Rising of 1916, the Irish struggle for liberation from Great Britain. He is only 13 when he joins the Irish Republican Army (IRA). He takes part in the concluding battles of the Irish War of Independence against the British before the Irish Republic is founded in 1921, and in the Irish Civil War that follows. He backs Éamon de Valera in the latter’s refusal to accept Northern Ireland‘s continuing union with England. In the 1930s, he breaks with the IRA and qualifies in law. He defends IRA prisoners in Irish prisons who had been condemned to death.

After World War II he is for a few years Minister for External Affairs for Ireland. He plays a leading part in the establishment of the Council of Europe, and in the preparation of the European Convention on Human Rights of 1950.

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


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The Hanging of Irish Republican Charlie Kerins

Charlie Kerins, a physical force Irish Republican and Chief of Staff of the Irish Republican Army (IRA), is hanged on December 1, 1944 at Mountjoy Prison in Dublin by the English hangman Albert Pierrepoint.

Kerins is born in Caherina, Tralee, County Kerry and attends Balloonagh Mercy Convent School and then the CBS, Edward Street. At the age of 13, he wins a Kerry County Council scholarship and completes his secondary education at the Green Christian Brothers and the Jeffers Institute. In 1930, he passes the Intermediate Certificate with honours and the matriculation examination to the National University of Ireland (NUI). He later does a commercial course and takes up employment in a radio business in Tralee.

In 1940, Kerins is sworn into the IRA and is appointed to the GHQ staff in May 1942. At the time, the Fianna Fáil government of Éamon de Valera is determined to preserve Irish neutrality during World War II. Therefore, the IRA’s bombing campaign in England, its attacks against targets in Northern Ireland, and its ties to the intelligence services of Nazi Germany are regarded as severe threats to Ireland’s national security. IRA men who are captured by the Gardaí are interned for the duration of the war by the Irish Army in the Curragh Camp in County Kildare.

On the morning of September 9, 1942, Garda Detective Sergeant Denis O’Brien is leaving his home in Ballyboden, Dublin. He is between his front gate and his car when he is cut down with Thompson submachine guns. O’Brien, an Anti-Treaty veteran of the Irish Civil War, had enlisted in the Garda Síochána in 1933. He is one of the most effective Detectives of the Special Branch division, which has its headquarters at Dublin Castle. The shooting greatly increases public feeling against the IRA, particularly as the murder is carried out in full view of his wife.

Following the arrest of Hugh McAteer in October 1942, Kerins is named Chief of Staff of the IRA. Despite a massive manhunt by Gardaí, he remains at large for two years. He stays at a County Waterford home for two weeks while he is on the run, having given his name as Pat Carney. He is captured several months after he leaves the home.

Kerins had previously left papers and guns hidden at Kathleen Farrell’s house in the Dublin suburb of Rathmines. He telephones the house, as he intends to retrieve them. However, Farrell’s telephone had been tapped by the Gardaí. On June 15, 1944, he is arrested in an early morning raid. He is sleeping when the Gardaí enter his bedroom and does not have an opportunity to reach the Thompson submachine gun which is hidden under his bed.

At a trial before the Special Criminal Court in Collins Barracks, Dublin, Kerins is formally charged on October 2, 1944 for the “shooting at Rathfarnham of Detective Dinny O’Brien.” At the end of his trial, the president of the Military Court delays sentence until later in the day to allow Kerins, if he wishes, to make an application whereby he might avoid a capital sentence. When the court resumes, he says, “You could have adjourned it for six years as far as I am concerned, as my attitude towards this Court will always be the same.” He thus deprives himself of the right to give evidence, to face cross-examination, or to call witnesses.

Despite legal moves initiated by Seán MacBride, public protests, and parliamentary intervention by TDs from Clann na Talmhan, Labour, and Independent Oliver J. Flanagan in Leinster House, the Fianna Fáil government of Éamon de Valera refuses to issue a reprieve. On December 1, 1944 in Mountjoy Prison, Kerins is hanged by British chief executioner Albert Pierrepoint, who is employed by the Irish Government for such occasions.

Kerins is the last IRA member to be executed in the Republic of Ireland. He is buried in the prison yard. In September 1948, his remains are exhumed and released to his family. He is buried in the Republican plot at Rath Cemetery, Tralee, County Kerry.


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Death of Eoin O’Duffy, Activist, Soldier & Police Commissioner

Eoin O’Duffy, Irish nationalist political activist, soldier and police commissioner, dies in Dublin on November 30, 1944.

O’Duffy is born near Castleblayney, County Monaghan on January 28, 1890. Trained initially as an engineer, he later becomes an auctioneer. He becomes interested in Irish politics and joins Sinn Féin, later becoming a member of the Irish Republican Army (IRA).

During the Irish War of Independence, O’Duffy commands the Monaghan Brigade and in February 1920 he successfully captures the Royal Irish Constabulary (RIC) barracks at Ballytrain taking from it weapons and explosives. Also present at this victory is Ernie O’ Malley, who goes on to organize flying columns, and the socialist guerrilla fighter Peadar O’Donnell.

In the 1921 Irish general election, O’Duffy becomes TD for Monaghan. By 1922, he has been promoted to Chief of Staff of the IRA and is one of Michael Collins foremost supporters when he accepts the Anglo-Irish Treaty and fights in the Irish Civil War as a general of the Free State Army.

As commander of the 2nd Northern Division of the IRA, O’Duffy sees action in Belfast when defending Catholic ghettoes from attacks by Protestant pogromists. He also leads the Free State forces into Limerick city.

In September 1922, following the mutiny in Kildare by Civic Guard recruits, O’Duffy replaces Michael Staines as commissioner. Under him the police force is renamed the Garda Síochána, disarmed and is later merged with the Criminal Investigation Department (CID) and the Dublin Metropolitan Police (DMP). His fervent Catholicism is greatly reflected in the ethos of the Garda Síochána.

In 1933, O’Duffy becomes associated with Cumann na nGaedheal by taking on the leadership of their security organization the Army Comrades Association, later to be known colloquially as the Blueshirts. This organization is to become a participant in many street brawls with anti-treaty sympathizers who try to break up pro-treaty political meetings. When the pro-treaty parties merge in 1933 to become Fine Gael, he is the party President for a short period of time.

It is believed that O’Duffy unsuccessfully encourages W. T. Cosgrave to consider a coup-de’etat in the event of Fianna Fáil winning the 1932 Irish general election. Cosgrave, in the event, puts his trust in a democracy when Fianna Fáil does, in fact, form a government, led by Éamon de Valera, with the help of the Labour Party.

After the 1933 Irish general election, which again sees de Valera in power, O’Duffy is dismissed from his post as Garda Commissioner on the grounds that due to his past political affiliations, he will be unable to carry out his duties without bias.

In Europe, the new phenomenon of fascism is gaining ground and O’Duffy, like many of his pro-treaty colleagues, is drawn to it. His Army Comrades Association is renamed the National Guard and they begin to take on many of the symbols of fascism such as the outstretched arm salute and the blue uniforms.

When O’Duffy plans a massed march for August 1933 in Dublin to commemorate the deaths of Arthur Griffith and Michael Collins, de Valera, fearing a coup, has it banned. Possibly de Valera is also testing the loyalty of the army and the Garda Síochána. In September the National Guard itself is banned although it reforms under the title The League of Youth.

In 1934 O’Duffy suddenly and inexplicably resigns as president of Fine Gael although it is known that many of its members are growing worried by his actions and statements. The Blueshirt movement begins to unravel at the seams. That same year he forms his own fascist movement, the National Corporate Party.

In 1936, supported by the Catholic Church in Ireland, O’Duffy leads 700 of his followers to Spain to help General Francisco Franco in the Spanish Civil War against the republican government. They form part of the XV Bandera Irlandesa del Terico, a part of the Spanish Legion. The Bandera sees little or no action and are returned to Ireland in 1937.

Although O’Duffy has some low-level dalliance with the Nazis he never does regain any of his political influence. His health is on the decline and he dies on November 30, 1944. De Valera grants him a state funeral and he is interred in Glasnevin Cemetery in Dublin.


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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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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 Neil Blaney, Fianna Fáil Politician

Neil Terence Columba Blaney, Irish politician first elected to Dáil Éireann in 1948 as a Fianna Fáil Teachta Dála (TD) representing Donegal East, is born on October 1, 1922 in Fanad, County Donegal. He serves as Minister for Posts and Telegraphs (1957), Minister for Local Government (1957–1966) and Minister for Agriculture and Fisheries (1966–1970). He is Father of the Dáil from 1987 until his death.

Blaney is the second eldest of a family of eleven. His father, from whom he got his strong republican views and his first introduction to politics, had been a commander in the Irish Republican Army (IRA) in Donegal during the Irish War of Independence and the Irish Civil War. He is educated locally at Tamney on the rugged Fanad Peninsula and later attends St. Eunan’s College in Letterkenny. He later works as an organiser with the Irish National Vintners and Grocers Association.

Blaney is first elected to Dáil Éireann for the Donegal East constituency in a by-election in December 1948, following the death of his father from cancer. He also becomes a member of the Donegal County Council. He remains on the backbenches for a number of years before he is one of a group of young party members handpicked by Seán Lemass to begin a re-organisation drive for the party following the defeat at the 1954 general election. Within the party he gains fame by running the party’s by-election campaigns throughout the 1950s and 1960s. His dedicated bands of supporters earn the sobriquet “the Donegal Mafia,” and succeed in getting Desmond O’Malley and Gerry Collins elected to the Dáil.

Following Fianna Fáil’s victory at the 1957 general election, Éamon de Valera, as Taoiseach, brings new blood into the Cabinet in the shape of Blaney, Jack Lynch, Kevin Boland and Mícheál Ó Móráin. Blaney is appointed Minister for Posts and Telegraphs however he moves to the position of Minister for Local Government at the end of 1957 following the death of Seán Moylan. He retains the post when Lemass succeeds de Valera as Taoiseach in 1959. During his tenure it becomes possible to pay rates by installment and he also introduces legislation which entitles non-nationals to vote in local elections.

In 1966 Lemass resigns as Taoiseach and Fianna Fáil leader. The subsequent leadership election sees Cork politician Jack Lynch become party leader and Taoiseach. In the subsequent cabinet reshuffle Blaney is appointed Minister for Agriculture and Fisheries.

In 1969, when conflict breaks out in Northern Ireland, Blaney is one of the first to express strong Irish republican views, views which contradict the policy of the Irish Government, in support of Northern nationalists. From around late 1968 onwards, he forms and presides over an unofficial Nationalist group in Leinster House popularly known as “the Letterkenny Table.” The group is dominated by Blaney up until his death.

There is general surprise when, in an incident known as the Arms Crisis, Blaney, along with Charles Haughey, is sacked from Lynch’s cabinet amid allegations of the use of the funds to import arms for use by the IRA. Lynch asked for their resignations but both men refuse, saying they did nothing illegal. Lynch then advises President de Valera to sack Haughey and Blaney from the government. Haughey and Blaney are subsequently tried in court but are acquitted. However, many of their critics refuse to recognise the verdict of the courts. Although Blaney is cleared of wrongdoing, his ministerial career is brought to an end.

Lynch subsequently moves against Blaney so as to isolate him in the party. When Blaney and his supporters try to organise the party’s national collection independently, Lynch acts and in 1972 Blaney is expelled from Fianna Fáil for “conduct unbecoming.”

Following his expulsion from Fianna Fáil, Kevin Boland tries to persuade Blaney to join the Aontacht Éireann party he is creating but Blaney declines. Instead, he contests all subsequent elections for Independent Fianna Fáil – The Republican Party, an organisation that he built up. Throughout the 1970s there are frequent calls for his re-admittance to Fianna Fáil but the most vocal opponents of this move are Fianna Fáil delegates from County Donegal.

At the 1979 European Parliament elections Blaney tops the poll in the Connacht–Ulster constituency to the annoyance of Fianna Fáil. He narrowly loses the seat at the 1984 election but is returned to serve as a Member of the European Parliament (MEP) in the 1989 election where he sits with the regionalist Rainbow Group. He also canvasses for IRA hunger striker Bobby Sands in the Fermanagh and South Tyrone by-election, in which Sands is elected to Westminster.

Blaney holds his Dáil seat until his death from cancer at the age of 73 on November 8, 1995 in Dublin.


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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.