O’Higgins is described at his removal as a great Christian gentleman whose secular activities were outstanding both to his country and to Europe.
The chief mourners in St. Patrick’s Church are joined by the President of Ireland, Mary McAleese, and many representatives of the judiciary and politics. The mourners are led by his widow Terry, his children Tom, Geraldine, Michael, Barry, Kevin, Derval and Shane, his thirty grandchildren, his brother Michael and sister Rosaleen.
The parish priest, Father Maurice O’Moore, tells many hundreds in the congregation that O’Higgins and his wife had been regular worshippers at the church.
“Tom was a man of deep faith and his demeanour at prayer was an inspiration to me personally and to parishioners. I think of him this evening as a man of faith, as a man of prayer and a great Christian gentleman. His secular activities through his legal expertise were outstanding both to his country and to Europe,” he says.
Father O’Moore adds that many tributes had been paid to O’Higgins in the media, and everybody can be proud of the contribution he made as an Irishman through his religious faith, his sincerity and love of his country.
Father Bruce Bradley SJ, a friend of the family, gives a reading from the Gospel.
Also attending is Harry Hill SC, retired master of the High Court, Feargus Flood, chairman of the Flood Tribunal, as well many Supreme Court and High Court judges and barristers. The director-general of the Law Society, Ken Murphy, is also present, as are many solicitors.
The world of politics is well represented, particularly by members of the Fine Gael party, for which O’Higgins was a Teachta Dála (TD) and minister in the 1940s and 1950s.
Two former taoisigh, Garret FitzGerald and Liam Cosgrave, attend. Also present is the leader of the Fine Gael party, Enda Kenny, and Tom Hayes, chairman of the Parliamentary Party, as well as many party TDs and former deputies.
(From: “A great Christian gentleman’ whose secular activities served State, Europe,” by Christine Newman, The Irish Times, http://www.irishtimes.com, February 27, 2003)
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.
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 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.
Initially after leaving school Laffoy tries primary school teaching at Carysfort College and joins the civil service. She is subsequently educated at University College Dublin (UCD) and King’s Inns. She receives the John Brooks Scholarship at the Inns for achieving the highest marks. She receives a BA from UCD in 1968 and a BCL in 1971.
Laffoy is called to the Bar in 1971 and to the Inner Bar in 1987. She devils for Brian McCracken. She becomes a Senior Counsel on the same day as future Supreme Court colleagues Susan Denham and Liam McKechnie and at the time is only one of four women seniors.
Laffoy’s expertise at the Bar is in property law. She appears in the Cityview Press case which clarifies the law on the nondelegation doctrine in Ireland. In 1983, she is appointed by the Supreme Court to argue against the constitutionality of the Electoral (Amendment) Bill 1983 following a reference made by PresidentPatrick Hillery under Article 26 of the Constitution of Ireland. She appears in another Article 26 reference made by Mary Robinson regarding the Matrimonial Home Bill 1993. For both references, the Supreme Court finds for her side.
Laffoy is appointed as a judge of the High Court in 1995, primarily presiding over cases involving chancery law.
Laffoy presides over the Commission to Inquire into Child Abuse from 1999 to 2003, an inquiry into child abuse. Her decision to resign as chair before the commission completes its report is controversial. In her letter of resignation from the commission of September 2, 2003, she outlines her belief that the actions of the Government and the Department of Education have frustrated her efforts and have slowed the commission’s work. She feels that “the cumulative effect of those factors effectively negated the guarantee of independence conferred on the Commission and militated against it being able to perform its statutory functions.” The commission is chaired from 2003 to 2009 by Judge Sean Ryan.
Laffoy presides over the High Court hearing in A v Governor of Arbour Hill Prison, ordering the release of a prisoner convicted of statutory rape due an earlier finding that the offence he was convicted of was contrary to the Constitution of Ireland. Her decision is overturned on appeal to the Supreme Court. In 2012, she dismisses an action taken by Thomas Pringle regarding the legality of the European Stability Mechanism. The European Court of Justice, after reference from the Supreme Court, also rejects his claim. During her time at the High Court, ten percent of reported judgments are written by her.
Laffoy is appointed to the Supreme Court of Ireland in July 2013. She retires from the Supreme Court on June 16, 2017. A portrait of her is unveiled in the King’s Inns in March 2020.
In July 2016, Laffoy is appointed by TaoiseachEnda Kenny to chair the Citizens’ Assembly, which she chairs until June 2018. She becomes the president of the Law Reform Commission in 2018.
Byrne is educated at Newbridge College, County Kildare, University College Dublin (UCD) and King’s Inns, Dublin. He is called to the Bar in 1970 and practises law in the Irish and European Courts. During his student days in Dublin, he founds the Free Legal Advice Centre, a student-run organisation providing legal aid to citizens in association with the legal profession. He campaigns in favour of Irish entry into the European Community (EC) in the 1970s and has been a keen supporter of European integration ever since.
In 1997 Byrne becomes Attorney General of Ireland in the Fianna Fáil-Progressive Democratscoalition government. As one of the negotiators of the Good Friday Agreement in April 1998, he drafts and oversees the major constitutional amendments required by that agreement, which are approved by Referendum in May 1998. He also advises on the constitutional amendments necessary for Ireland’s ratification of the Treaty of Amsterdam. During his tenure, he establishes the first independent Food Safety Agency in Europe responsible to the Minister for Health.
Byrne is nominated to the European Commission by TaoiseachBertie Ahern in September 1999, serving as Ireland’s EU Commissioner and has responsibility for Health & Consumer Protection in the Prodi Commission. He continues in that role until replaced as Ireland’s Commissioner by Charlie McCreevy in 2004.
Byrne is mooted as a potential candidate for the position of Director General of the World Health Organization following the death of the incumbent, Dr Lee Jong-wook in 2006. However, he is eventually not included in the list of thirteen candidates to head the agency.
After leaving the European Commission, Byrne holds a variety of paid and unpaid positions, including Co-Chair of European Alliance for Personalised Medicine, member of the International Advisory Board of FleishmanHillard, Chairman of the Ethics Committee of the International Prevention Research Institute (IPRI), Chairman of the Advisory Committee of the National Treasury Management Agency (NTMA), of counsel of Wilmer Cutler Pickering Hale and Dorr, Honorary Co-Chair of the World Justice Project (WJP) and a member of the World Prevention Alliamce.
Ó Dálaigh, one of four children, is born on February 12, 1911, in Bray, County Wicklow. His father, Richard O’Daly, is a fishmonger with little interest in politics. His mother is Una Thornton. His birth name is registered in English as Carroll O’Daly, which he uses during his legal career, and which is recorded by some publications.
Ó Dálaigh is a committed Fianna Fáil supporter who serves on the party’s National Executive in the 1930s. He becomes Ireland’s youngest Attorney General in 1946, under TaoiseachÉamon de Valera, serving until 1948. Unsuccessful in Dáil and Seanad elections in 1948 and 1951, he is re-appointed as Attorney General of Ireland in 1951. In 1953, he is nominated as the youngest-ever member of the Supreme Court by his mentor, de Valera. Less than a decade later, he becomes Chief Justice of Ireland, on the nomination of Taoiseach Seán Lemass. He is a keen actor in his early years and becomes a close friend of actor Cyril Cusack. It is commonly stated that Ó Dálaigh and Cusack picketed the Dublin launch of Disney‘s Darby O’Gill and the Little People in 1959, for what they felt was the film’s stereotyping of Irish people. However, there is no known contemporary reference to this having occurred.
In 1972, Taoiseach Jack Lynch suggests to the opposition parties that they agree to nominate Ó Dálaigh to become President of Ireland when President de Valera’s second term ends in June of the following year. Fine Gael, confident that its prospective candidate, Tom O’Higgins, will win the 1973 presidential election, having almost defeated de Valera in 1966, turn down the offer. Fianna Fáil’s Erskine H. Childers goes on to win the election that follows.
When Ireland joins the European Economic Community (EEC), Lynch appoints Ó Dálaigh as Ireland’s judge on the European Court of Justice. When President Childers dies suddenly in 1974, all parties agree to nominate Ó Dálaigh to replace him.
Ó Dálaigh’s tenure as president proves to be contentious. While popular with Irish language speakers and with artists, and respected by many republicans, he has a strained relationship with the Government of the 20th Dáil, particularly with Minister Conor Cruise O’Brien and Taoiseach Liam Cosgrave.
Ó Dálaigh’s decision in 1976 to exercise his power to refer a bill to the Supreme Court to test its constitutionality brings him into conflict with the Fine Gael-Labour National Coalition. Following the assassination of the British Ambassador to Ireland, Christopher Ewart-Biggs, by the Provisional Irish Republican Army (IRA), on July 23, 1976, the government announces its intention to introduce legislation extending the maximum period of detention without charge from two to seven days.
Ó Dálaigh refers the resulting bill, the Emergency Powers Bill, to the Supreme Court. When the court rules that the bill is constitutional, he signs the bill into law on October 16, 1976. On the same day, an IRA bomb in Mountmellick, County Laois, kills Michael Clerkin, a member of the Garda Síochána, the country’s police force. Ó Dálaigh’s actions are seen by government ministers to have contributed to the killing of this Garda. On the following day, Minister for DefencePaddy Donegan, visiting a barracks in Mullingar, County Westmeath, to open a canteen, attacks the President for sending the bill to the Supreme Court, calling him a “thundering disgrace.”
Ó Dálaigh’s private papers show that he considered the relationship between the President (as Commander-in-Chief of the Defence Forces) and the Minister for Defence had been “irrevocably broken” by the comments of the Minister in front of the army Chief of Staff and other high-ranking officers. Donegan offers his resignation, but Taoiseach Liam Cosgrave refuses to accept it. This proves the last straw for Ó Dálaigh, who believes that Cosgrave had additionally failed to meet his constitutional obligation to regularly brief the President. He resigns from the presidency on October 22, 1976, “to protect the dignity and independence of the presidency as an institution.” He is succeeded as President of Ireland by Patrick Hillery.
Ó Dálaigh dies of a heart attack on March 21, 1978, less than two years after resigning the presidency. He is buried in Sneem, County Kerry.
Macken (née O’Kelly) is born in Dublin on February 28, 1942. She is educated at King’s Inns and Trinity College Dublin. She becomes a barrister in 1972, practices as legal adviser, Patents and Trade Marks Agents (1973–1979) and becomes a Senior Counsel in 1995.
As a lawyer, Macken specialises in medical defense work and pharmaceutical actions. She acts as defense counsel in a series of cases brought by children against whooping cough vaccine manufacturers for damage allegedly caused by the vaccine. The Supreme Court nominates her to act in three referrals by the President of Ireland querying the constitutionality of new legislation before she becomes a judge.
Macken succeeds John L. Murray as Ireland’s appointee on the European Court of Justice (ECJ) from October 5, 1999, to September 22, 2004. Appointed initially for a five-year term, she is the first female appointee to the European Court of Justice but has her mandate renewed in 2003. She is reappointed a Judge of the High Court on October 18, 2004, on her return to Ireland. She serves as a Judge of the Supreme Court from 2005 to 2012.
Macken has been a lecturer in Legal Systems and Methods and Averil Deverell Lecturer in Law at Trinity College Dublin.
seamus dubhghaill 