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Death of John Costello, Fine Gael Politician & 3rd Taoiseach

John Aloysius Costello, Fine Gael politician who serves as Taoiseach from 1948 to 1951 and from 1954 to 1957, Leader of the Opposition from 1951 to 1954 and from 1957 to 1959, and Attorney General of Ireland from 1926 to 1932, dies in Ranelagh, Dublin, on January 5, 1976. He serves as a Teachta Dála (TD) from 1933 to 1943 and from 1944 to 1969.

Costello is born on June 20, 1891, in Fairview, Dublin, the younger son of John Costello senior, a civil servant, and Rose Callaghan. He is educated at St. Joseph’s, Fairview, and then moves to O’Connell School, for senior classes, and later attends University College Dublin (UCD), where he graduates with a degree in modern languages and law. He studies at King’s Inns to become a barrister, winning the Victoria Prize there in 1913 and 1914. He is called to the Irish Bar in 1914, and practises as a barrister until 1922.

In 1922, Costello joins the staff at the office of the Attorney General in the newly established Irish Free State. Three years later he is called to the inner bar, and the following year, 1926, he becomes Attorney General of Ireland, upon the formation of the Cumann na nGaedheal government, led by W. T. Cosgrave. While serving in this position he represents the Free State at Imperial Conferences and League of Nations meetings.

Costello is also elected a Bencher of the Honourable Society of King’s Inns. He loses his position as Attorney General of Ireland when Fianna Fáil comes to power in 1932. The following year, however, he is elected to Dáil Éireann as a Cumann na nGaedheal TD. Cumann na nGaedheal soon merges with other parties to form Fine Gael.

During the Dáil debate on the Emergency Powers Act 1939, Costello is highly critical of the Act’s arrogation of powers, stating that “We are asked not merely to give a blank cheque, but to give an uncrossed cheque to the Government.” He loses his seat at the 1943 Irish general election but regains it when Éamon de Valera calls a snap election in 1944. From 1944 to 1948, he is the Fine Gael front-bench Spokesman on External Affairs.

In 1948, Fianna Fáil has been in power for sixteen consecutive years and has been blamed for a downturn in the economy following World War II. The 1948 Irish general election results show Fianna Fáil short of a majority, but still by far the largest party, with twice as many seats as the nearest rival, Fine Gael. It appears that Fianna Fáil is headed for a seventh term in government. However, the other parties in the Dáil realise that between them, they have only one seat fewer than Fianna Fáil, and if they band together, they would be able to form a government with the support of seven Independent deputies. Fine Gael, the Labour Party, the National Labour Party, Clann na Poblachta and Clann na Talmhan join to form the first inter-party government in the history of the Irish state.

While it looks as if cooperation between these parties will not be feasible, a shared opposition to Fianna Fáil and Éamon de Valera overcomes all other difficulties, and the coalition government is formed.

Since Fine Gael is the largest party in the government, it has the task of providing a suitable candidate for Taoiseach. Naturally, it is assumed that its leader, Richard Mulcahy, will be offered the post. However, he is an unacceptable choice to Clann na Poblachta and its deeply republican leader, Seán MacBride. This is due to Mulcahy’s record during the Irish Civil War. Instead, Fine Gael and Clann na Poblachta agree on Costello as a compromise candidate. Costello had never held a ministerial position nor was he involved in the Civil War. When told by Mulcahy of his nomination, Costello is appalled, content with his life as a barrister and as a part-time politician. He is persuaded to accept the nomination as Taoiseach by close non-political friends.

During the campaign, Clann na Poblachta had promised to repeal the Executive Authority (External Relations) Act 1936 but does not make an issue of this when the government is being formed. However, Costello and his Tánaiste, William Norton of the Labour Party, also dislike the act. During the summer of 1948, the cabinet discusses repealing the act, however, no firm decision is made.

In September 1948, Costello is on an official visit to Canada when a reporter asks him about the possibility of Ireland leaving the British Commonwealth. For the first time, he declares publicly that the Irish government is indeed going to repeal the External Relations Act and declare Ireland a republic. It has been suggested that this is a reaction to offence caused by the Governor General of Canada at the time, Harold Alexander, 1st Earl Alexander of Tunis, who is of Northern Irish descent and who allegedly arranges to have placed symbols of Northern Ireland in front of Costello at an official dinner. Costello makes no mention of these aspects on the second reading of the Republic of Ireland Bill on November 24 and, in his memoirs, claims that Alexander’s behaviour had in fact been perfectly civil and could have had no bearing on a decision which had already been made.

The news takes the Government of the United Kingdom and even some of Costello’s ministers by surprise. The former had not been consulted and following the declaration of the Republic in 1949, the UK passes the Ireland Act that year. This recognises the Republic of Ireland and guarantees the position of Northern Ireland within the United Kingdom for so long as a majority there want to remain in the United Kingdom. It also grants full rights to any citizens of the Republic living in the United Kingdom. Ireland leaves the Commonwealth on April 18, 1949, when The Republic of Ireland Act 1948 comes into force. Frederick Henry Boland, Secretary of the Department of External Affairs, says caustically that the affair demonstrates that “the Taoiseach has as much notion of diplomacy as I have of astrology.” The British envoy, John Maffey, 1st Baron Rugby, is equally critical of what he calls a “slipshod and amateur” move.

Many nationalists now see partition as the last obstacle on the road to total national independence. Costello tables a motion of protest against partition on May 10, 1949, without result.

In 1950, the independent-minded Minister for Health, Noël Browne, introduces the Mother and Child Scheme. The scheme would provide mothers with free maternity treatment and their children with free medical care up to the age of sixteen, which is the normal provision in other parts of Europe at that time. The bill is opposed by doctors, who fear a loss of income, and Roman Catholic bishops, who oppose the lack of means testing envisaged and fear the scheme could lead to birth control and abortion. The cabinet is divided over the issue, many feeling that the state cannot afford such a scheme priced at IR£2,000,000 annually. Costello and others in the cabinet make it clear that in the face of such opposition they will not support the Minister. Browne resigns from the government on April 11, 1951, and the scheme is dropped. He immediately publishes his correspondence with Costello and the bishops, something which had hitherto not been done. Derivatives of the Mother and Child Scheme are introduced in Public Health Acts of 1954, 1957 and 1970.

The Costello government has a number of noteworthy achievements. A new record is set in housebuilding, the Industrial Development Authority and Córas Tráchtála are established, and the Minister for Health, Noel Browne, with the then new Streptomycin, bring about an advance in the treatment of tuberculosis. Ireland also joins a number of organisations such as the Organization for European Economic Co-operation and the Council of Europe. However, the government refuses to join NATO, allegedly because the British remain in Northern Ireland. The scheme to supply electricity to even the remotest parts of Ireland is also accelerated.

While the “Mother and Child” incident does destabilise the government to some extent, it does not lead to its collapse as is generally thought. The government continues; however, prices are rising, a balance of payments crisis is looming, and two TDs withdraw their support for the government. These incidents add to the pressure on Costello and so he decides to call a general election for June 1951. The result is inconclusive but Fianna Fáil returns to power. Costello resigns as Taoiseach. It is at this election that his son Declan is elected to the Dáil.

Over the next three years while Fianna Fáil is in power a dual-leadership role of Fine Gael is taking place. While Richard Mulcahy is the leader of the party, Costello, who has proved his skill as Taoiseach, remains as parliamentary leader of the party. He resumes his practice at the Bar. In what is arguably his most celebrated case, the successful defence of The Leader against a libel action brought by the poet Patrick Kavanagh, dates from this period. Kavanagh generously praises Costello’s forensic skill, and the two men become friends.

At the 1954 Irish general election Fianna Fáil loses power. A campaign dominated by economic issues results in a Fine Gael-Labour Party-Clann na Talmhan government coming to power. Costello is elected Taoiseach for the second time.

The government can do little to change the ailing nature of Ireland’s economy, with emigration and unemployment remaining high, and external problems such as the Suez Crisis compounding the difficulty. Measures to expand the Irish economy such as export profits tax relief introduced in 1956 would take years have sizable impact. Costello’s government does have some success with Ireland becoming a member of the United Nations in 1955, and a highly successful visit to the United States in 1956, which begins the custom by which the Taoiseach visits the White House each Saint Patrick’s Day to present the U.S. President with a bowl of shamrock. Although the government has a comfortable majority and seems set for a full term in office, a resumption of Irish Republican Army (IRA) activity in Northern Ireland and Great Britain causes internal strains. The government takes strong action against the republicans.

In spite of supporting the government from the backbenches, Seán MacBride, the leader of Clann na Poblachta, tables a motion of no confidence, based on the weakening state of the economy and in opposition to the government’s stance on the IRA. Fianna Fáil also tables its own motion of no confidence, and rather than face almost certain defeat, Costello again asks President Seán T. O’Kelly to dissolve the Oireachtas. The general election which follows in 1957 gives Fianna Fáil an overall majority and starts another sixteen years of unbroken rule for the party. Some of his colleagues questioned the wisdom of his decision to call an election. The view is expressed that he was tired of politics and depressed by his wife’s sudden death the previous year.

Following the defeat of his government, Costello returns to the bar. In 1959, when Richard Mulcahy resigns the leadership of Fine Gael to James Dillon, he retires to the backbenches. He could have become party leader had he been willing to act in a full-time capacity. He remains as a TD until 1969, when he retires from politics, being succeeded as Fine Gael TD for Dublin South-East by Garret FitzGerald, who himself goes onto to become Taoiseach in a Fine Gael-led government.

During his career, Costello is presented with a number of awards from many universities in the United States. He is also a member of the Royal Irish Academy from 1948. In March 1975, he is made a freeman of the city of Dublin, along with his old political opponent Éamon de Valera. He practises at the bar until a short time before his death at the age of 84, in Ranelagh, Dublin, on January 5, 1976. He is buried at Dean’s Grange Cemetery in Dublin.


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Birth of Stephen Hayes, Member & Leader of the IRA

Stephen Hayes, a member and leader of the Irish Republican Army (IRA) from April 1939 to June 1941, is born in Enniscorthy, County Wexford, on December 26, 1902.

During the Irish War of Independence (1919-21), Hayes is commandant of the Wexford Brigade of Fianna Éireann. He takes the Anti-Treaty side during the Irish Civil War (1922-23), during which he is interned.

Hayes is active in Gaelic Athletic Association circles in Wexford. In 1925, he helps Wexford win the Leinster Senior Football Championship. He also serves as secretary to the county board for ten years, from the 1920s to 1930s.

Hayes joins the IRA and is on the IRA Army Council in January 1939 when it declares war on the British government. When IRA Chief of Staff Seán Russell departs on IRA business to the United States, and subsequently to Nazi Germany, Hayes becomes IRA Chief of Staff. His time in office is marred by controversy and it is widely believed that he serves as an informer to the Garda Síochána.

Hayes sends a plan for the invasion of Northern Ireland by German troops to Germany in April 1940. This plan later becomes known as Plan Kathleen. He is also known to have met with German agent Hermann Görtz on May 21, 1940, in Dublin shortly after the latter’s parachuting into Ireland on May 5, 1940, as part of Operation Mainau. He is known to have asked Görtz for money and arms to wage a campaign in Northern Ireland, although shortly after this meeting the original Plan Kathleen is discovered. The discovery of the plan leads to the acceleration of joint British and Irish military planning for a German invasion known as Plan W.

Another meeting on August 15, 1940, on Rathgar Road, Dublin, organised by Hayes and attended by senior IRA men Paddy McGrath, Tom Harte and Tom Hunt, is also raided by the Garda Síochána.

McGrath and Harte are both arrested and tried by Military Tribunal, established under the Emergency Powers Act 1939. They challenge the legislation in the High Court, seeking a writ of habeas corpus, and ultimately appeal to the Supreme Court of Ireland. They are represented in the courts by Seán MacBride. The appeal is unsuccessful, and they are executed by firing squad at Dublin’s Mountjoy Prison on September 6, 1940.

On June 30, 1941, Northern-based IRA men kidnap Hayes, accusing him of being a spy. By his own account, he is tortured and “court-martialed” for “treason” by his comrades, and would have been executed, but he buys himself time composing an enormously long confession. He manages to escape on September 8, 1941, and hands himself in to the Garda for protection.

The Officer Commanding (O/C) of the IRA Northern Command, Seán McCaughey, is convicted on September 18, 1941, of the kidnapping. After a long hunger and thirst strike in Portlaoise Prison, he dies on May 11, 1946.

Hayes is later sentenced to five years’ imprisonment by the Special Criminal Court on account of his IRA activities.

Within IRA circles, Hayes is still considered a traitor and an informer. One of the main allegations against him is that he informed the Garda Síochána about IRA arms dumps in Wexford. However, this is later blamed on a Wexford man named Michael Deveraux, an officer of the Wexford Battalion of the IRA who is subsequently abducted and executed by an IRA squad in County Tipperary on Hayes’ orders. George Plant, a Protestant IRA veteran, is later executed in Portlaoise Prison for Devereux’s murder.

After his release, Hayes resumes his clerical position at Wexford County Council. He dies in Enniscorthy on December 28, 1974.


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Birth of John Costello, Taoiseach and Fine Gael Politician

John Aloysius Costello, Fine Gael politician who serves as Taoiseach from 1948 to 1951 and from 1954 to 1957, Leader of the Opposition from 1951 to 1954 and from 1957 to 1959, and Attorney General of Ireland from 1926 to 1932, is born on June 20, 1891, in Fairview, Dublin. He serves as a Teachta Dála (TD) from 1933 to 1943 and from 1944 to 1969.

Costello is the younger son of John Costello senior, a civil servant, and Rose Callaghan. He is educated at St. Joseph’s, Fairview, and then moves to O’Connell School, for senior classes, and later attends University College Dublin (UCD), where he graduates with a degree in modern languages and law. He studies at King’s Inns to become a barrister, winning the Victoria Prize there in 1913 and 1914. He is called to the Irish Bar in 1914, and practises as a barrister until 1922.

In 1922, Costello joins the staff at the office of the Attorney General in the newly established Irish Free State. Three years later he is called to the inner bar, and the following year, 1926, he becomes Attorney General of Ireland, upon the formation of the Cumann na nGaedheal government, led by W. T. Cosgrave. While serving in this position he represents the Free State at Imperial Conferences and League of Nations meetings.

Costello is also elected a Bencher of the Honourable Society of King’s Inns. He loses his position as Attorney General of Ireland when Fianna Fáil comes to power in 1932. The following year, however, he is elected to Dáil Éireann as a Cumann na nGaedheal TD. Cumann na nGaedheal soon merges with other parties to form Fine Gael.

During the Dáil debate on the Emergency Powers Act 1939, Costello is highly critical of the Act’s arrogation of powers, stating that “We are asked not merely to give a blank cheque, but to give an uncrossed cheque to the Government.” He loses his seat at the 1943 Irish general election but regains it when Éamon de Valera calls a snap election in 1944. From 1944 to 1948, he is the Fine Gael front-bench Spokesman on External Affairs.

In 1948, Fianna Fáil has been in power for sixteen consecutive years and has been blamed for a downturn in the economy following World War II. The 1948 Irish general election results show Fianna Fáil short of a majority, but still by far the largest party, with twice as many seats as the nearest rival, Fine Gael. It appears that Fianna Fáil is headed for a seventh term in government. However, the other parties in the Dáil realise that between them, they have only one seat fewer than Fianna Fáil, and if they band together, they would be able to form a government with the support of seven Independent deputies. Fine Gael, the Labour Party, the National Labour Party, Clann na Poblachta and Clann na Talmhan join to form the first inter-party government in the history of the Irish state.

While it looks as if cooperation between these parties will not be feasible, a shared opposition to Fianna Fáil and Éamon de Valera overcomes all other difficulties, and the coalition government is formed.

Since Fine Gael is the largest party in the government, it has the task of providing a suitable candidate for Taoiseach. Naturally, it is assumed that its leader, Richard Mulcahy, will be offered the post. However, he is an unacceptable choice to Clann na Poblachta and its deeply republican leader, Seán MacBride. This is due to Mulcahy’s record during the Irish Civil War. Instead, Fine Gael and Clann na Poblachta agree on Costello as a compromise candidate. Costello had never held a ministerial position nor was he involved in the Civil War. When told by Mulcahy of his nomination, Costello is appalled, content with his life as a barrister and as a part-time politician. He is persuaded to accept the nomination as Taoiseach by close non-political friends.

During the campaign, Clann na Poblachta had promised to repeal the Executive Authority (External Relations) Act 1936 but does not make an issue of this when the government is being formed. However, Costello and his Tánaiste, William Norton of the Labour Party, also dislike the act. During the summer of 1948, the cabinet discusses repealing the act, however, no firm decision is made.

In September 1948, Costello is on an official visit to Canada when a reporter asks him about the possibility of Ireland leaving the British Commonwealth. For the first time, he declares publicly that the Irish government is indeed going to repeal the External Relations Act and declare Ireland a republic. It has been suggested that this is a reaction to offence caused by the Governor General of Canada at the time, Harold Alexander, 1st Earl Alexander of Tunis, who is of Northern Irish descent and who allegedly arranges to have placed symbols of Northern Ireland in front of Costello at an official dinner. Costello makes no mention of these aspects on the second reading of the Republic of Ireland Bill on November 24 and, in his memoirs, claims that Alexander’s behaviour had in fact been perfectly civil and could have had no bearing on a decision which had already been made.

The news takes the Government of the United Kingdom and even some of Costello’s ministers by surprise. The former had not been consulted and following the declaration of the Republic in 1949, the UK passes the Ireland Act that year. This recognises the Republic of Ireland and guarantees the position of Northern Ireland within the United Kingdom for so long as a majority there want to remain in the United Kingdom. It also grants full rights to any citizens of the Republic living in the United Kingdom. Ireland leaves the Commonwealth on April 18, 1949, when The Republic of Ireland Act 1948 comes into force. Frederick Henry Boland, Secretary of the Department of External Affairs, says caustically that the affair demonstrates that “the Taoiseach has as much notion of diplomacy as I have of astrology.” The British envoy, John Maffey, 1st Baron Rugby, is equally critical of what he calls a “slipshod and amateur” move.

Many nationalists now see partition as the last obstacle on the road to total national independence. Costello tables a motion of protest against partition on May 10, 1949, without result.

In 1950, the independent-minded Minister for Health, Noël Browne, introduces the Mother and Child Scheme. The scheme would provide mothers with free maternity treatment and their children with free medical care up to the age of sixteen, which is the normal provision in other parts of Europe at that time. The bill is opposed by doctors, who fear a loss of income, and Roman Catholic bishops, who oppose the lack of means testing envisaged and fear the scheme could lead to birth control and abortion. The cabinet is divided over the issue, many feeling that the state cannot afford such a scheme priced at IR£2,000,000 annually. Costello and others in the cabinet make it clear that in the face of such opposition they will not support the Minister. Browne resigns from the government on April 11, 1951, and the scheme is dropped. He immediately publishes his correspondence with Costello and the bishops, something which had hitherto not been done. Derivatives of the Mother and Child Scheme are introduced in Public Health Acts of 1954, 1957 and 1970.

The Costello government has a number of noteworthy achievements. A new record is set in housebuilding, the Industrial Development Authority and Córas Tráchtála are established, and the Minister for Health, Noel Browne, with the then new Streptomycin, bring about an advance in the treatment of tuberculosis. Ireland also joins a number of organisations such as the Organization for European Economic Co-operation and the Council of Europe. However, the government refuses to join NATO, allegedly because the British remain in Northern Ireland. The scheme to supply electricity to even the remotest parts of Ireland is also accelerated.

While the “Mother and Child” incident does destabilise the government to some extent, it does not lead to its collapse as is generally thought. The government continues; however, prices are rising, a balance of payments crisis is looming, and two TDs withdraw their support for the government. These incidents add to the pressure on Costello and so he decides to call a general election for June 1951. The result is inconclusive but Fianna Fáil returns to power. Costello resigns as Taoiseach. It is at this election that his son Declan is elected to the Dáil.

Over the next three years while Fianna Fáil is in power a dual-leadership role of Fine Gael is taking place. While Richard Mulcahy is the leader of the party, Costello, who has proved his skill as Taoiseach, remains as parliamentary leader of the party. He resumes his practice at the Bar. In what is arguably his most celebrated case, the successful defence of The Leader against a libel action brought by the poet Patrick Kavanagh, dates from this period. Kavanagh generously praises Costello’s forensic skill, and the two men become friends.

At the 1954 Irish general election Fianna Fáil loses power. A campaign dominated by economic issues results in a Fine Gael-Labour Party-Clann na Talmhan government coming to power. Costello is elected Taoiseach for the second time.

The government can do little to change the ailing nature of Ireland’s economy, with emigration and unemployment remaining high, and external problems such as the Suez Crisis compounding the difficulty. Measures to expand the Irish economy such as export profits tax relief introduced in 1956 would take years have sizable impact. Costello’s government does have some success with Ireland becoming a member of the United Nations in 1955, and a highly successful visit to the United States in 1956, which begins the custom by which the Taoiseach visits the White House each St. Patrick’s Day to present the U.S. President with a bowl of shamrock. Although the government has a comfortable majority and seems set for a full term in office, a resumption of Irish Republican Army (IRA) activity in Northern Ireland and Great Britain causes internal strains. The government takes strong action against the republicans.

In spite of supporting the government from the backbenches, Seán MacBride, the leader of Clann na Poblachta, tables a motion of no confidence, based on the weakening state of the economy and in opposition to the government’s stance on the IRA. Fianna Fáil also tables its own motion of no confidence, and rather than face almost certain defeat, Costello again asks President Seán T. O’Kelly to dissolve the Oireachtas. The general election which follows in 1957 gives Fianna Fáil an overall majority and starts another sixteen years of unbroken rule for the party. Some of his colleagues questioned the wisdom of his decision to call an election. The view is expressed that he was tired of politics and depressed by his wife’s sudden death the previous year.

Following the defeat of his government, Costello returns to the bar. In 1959, when Richard Mulcahy resigns the leadership of Fine Gael to James Dillon, he retires to the backbenches. He could have become party leader had he been willing to act in a full-time capacity. He remains as a TD until 1969, when he retires from politics, being succeeded as Fine Gael TD for Dublin South-East by Garret FitzGerald, who himself goes onto to become Taoiseach in a Fine Gael-led government.

During his career, Costello is presented with a number of awards from many universities in the United States. He is also a member of the Royal Irish Academy from 1948. In March 1975, he is made a freeman of the city of Dublin, along with his old political opponent Éamon de Valera. He practises at the bar until a short time before his death at the age of 84, in Ranelagh, Dublin, on January 5, 1976. He is buried at Dean’s Grange Cemetery in Dublin.


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Death of Stephen Hayes, Member & Leader of the IRA

Stephen Hayes, a member and leader of the Irish Republican Army (IRA) from April 1939 to June 1941, dies in Enniscorthy, County Wexford, on December 28, 1974.

Hayes is born in Enniscorthy on December 26, 1902. During the Irish War of Independence (1919-21), he is commandant of the Wexford Brigade of Fianna Éireann. He takes the Anti-Treaty side during the Irish Civil War (1922-23), during which he is interned.

Hayes is active in Gaelic Athletic Association circles in Wexford. In 1925, he helps Wexford win the Leinster Senior Football Championship. He also serves as secretary to the county board for ten years, from the 1920s to 1930s.

Hayes joins the IRA and is on the IRA Army Council in January 1939 when it declares war on the British government. When IRA Chief of Staff Seán Russell departs on IRA business to the United States, and subsequently to Nazi Germany, Hayes becomes IRA Chief of Staff. His time in office is marred by controversy and it is widely believed that he serves as an informer to the Garda Síochána.

Hayes sends a plan for the invasion of Northern Ireland by German troops to Germany in April 1940. This plan later becomes known as Plan Kathleen. He is also known to have met with German agent Hermann Görtz on May 21, 1940, in Dublin shortly after the latter’s parachuting into Ireland on May 5, 1940, as part of Operation Mainau. He is known to have asked Görtz for money and arms to wage a campaign in Northern Ireland, although shortly after this meeting the original Plan Kathleen is discovered. The discovery of the plan leads to the acceleration of joint British and Irish military planning for a German invasion known as Plan W.

Another meeting on August 15, 1940, on Rathgar Road, Dublin organised by Hayes and attended by senior IRA men Paddy McGrath, Tom Harte and Tom Hunt, is also raided by the Garda Síochána.

McGrath and Harte are both arrested and tried by Military Tribunal, established under the Emergency Powers Act 1939. They challenge the legislation in the High Court, seeking a writ of habeas corpus, and ultimately appeal to the Supreme Court of Ireland. They are represented in the courts by Seán MacBride. The appeal is unsuccessful, and they are executed by firing squad at Dublin’s Mountjoy Prison on September 6, 1940.

On June 30, 1941, Northern-based IRA men kidnap Hayes, accusing him of being a spy. By his own account, he is tortured and “court-martialed” for “treason” by his comrades, and would have been executed, but he buys himself time composing an enormously long confession. He manages to escape on September 8, 1941, and hands himself in to the Garda for protection.

The Officer Commanding (O/C) of the IRA Northern Command, Seán McCaughey, is convicted on September 18, 1941, of the kidnapping. After a long hunger and thirst strike in Portlaoise Prison, he dies on May 11, 1946.

Hayes is later sentenced to five years’ imprisonment by the Special Criminal Court on account of his IRA activities.

Within IRA circles, Hayes is still considered a traitor and an informer. One of the main allegations against him is that he informed the Garda Síochána about IRA arms dumps in Wexford. However, this is later blamed on a Wexford man named Michael Deveraux, an officer of the Wexford Battalion of the IRA who is subsequently abducted and executed by an IRA squad in County Tipperary on Hayes’ orders. George Plant, a Protestant IRA veteran, is later executed in Portlaoise Prison for Devereux’s murder.

After his release, Hayes resumes his clerical position at Wexford County Council. He dies in Enniscorthy on December 28, 1974.


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The First Amendment of the Constitution of Ireland

constitution-of-ireland

The 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.