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Tag Archives: Government of Ireland Act 1920


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Birth of Sir Edward Carson, Politician, Barrister & Judge

Edward Henry Carson, Baron Carson, Irish unionist politician, barrister and judge, known as the “uncrowned king of Ulster,” is born on February 9, 1854, at 4 Harcourt Street, in Dublin. He serves as the Attorney General and Solicitor General for England, Wales and Ireland as well as the First Lord of the Admiralty for the British Royal Navy.

Although Carson is to become the champion of the northern province, he is born into a Protestant family in southern Ireland. He is educated at Portarlington School, Wesley College, Dublin, and Trinity College Dublin, where he reads law and is an active member of the College Historical Society. He graduates BA and MA.

From 1877, early in his Irish legal career, he comes to mistrust the Irish nationalists. As senior Crown prosecutor, he sternly enforces the Criminal Law and Procedure (Ireland) Act 1887, securing numerous convictions for violence against Irish estates owned by English absentee landlords. He is appointed Solicitor-General for Ireland and elected to the British House of Commons in 1892, is called to the English bar at Middle Temple on April 21, 1893, and serves as Solicitor General for England and Wales from 1900 to 1905. During these years he achieves his greatest success as a barrister. In 1895, his cross-examination of Oscar Wilde largely secures the Irish writer’s conviction for homosexuality.

On February 21, 1910, Carson accepts the parliamentary leadership of the anti-Home Rule Irish Unionists and, forfeiting his chance to lead the British Conservative Party, devotes himself entirely to the Ulster cause. His dislike of southern Irish separatism is reinforced by his belief that the heavy industry of Belfast is necessary to the economic survival of Ireland. The Liberal government (1908–16) under H. H. Asquith, which in 1912 decides to prepare a Home Rule bill, cannot overcome the effect of his extra-parliamentary opposition. The Solemn League and Covenant of resistance to Home Rule, signed by Carson and other leaders in Belfast on September 28, 1912, and afterward by thousands of Ulstermen, is followed by his establishment of a provisional government in Belfast in September 1913. Early in that year he recruits a private Ulster army, the Ulster Volunteer Force, that openly drills for fighting in the event that the Home Rule Bill is enacted. In preparation for a full-scale civil war, he successfully organizes the landing of a large supply of weapons from Germany at Larne, County Antrim, on April 24, 1914. The British government, however, begins to make concessions to Ulster unionists, and on the outbreak of World War I he agrees to a compromise whereby the Home Rule Bill is enacted but its operation suspended until the end of the war on the understanding that Ulster’s exclusion will then be reconsidered.

Appointed Attorney General for England in Asquith’s wartime coalition ministry on May 25, 1915, Carson resigns on October 19 because of his dissatisfaction with the conduct of the war. In David Lloyd George’s coalition ministry (1916–22) he is First Lord of the Admiralty from December 10, 1916, to July 17, 1917, and then a member of the war cabinet as minister without portfolio until January 21, 1918.

Disillusioned by the Government of Ireland Act 1920 that partitions Ireland and establishes what is essentially a Home Rule parliament in Belfast, Carson declines an invitation to head the Northern Ireland government and resigns as Ulster Unionist Party leader in February 1921. Accepting a life peerage, he serves from 1921 to 1929 as Lord of Appeal in Ordinary and takes the title Baron Carson of Duncairn.

Carson retires in October 1929. In July 1932, during his last visit to Northern Ireland, he witnesses the unveiling of a large statue of himself in front of Parliament Buildings at Stormont. The statue is sculpted by Leonard Stanford Merrifield, cast in bronze and placed upon a plinth. The inscription on the base reads “By the loyalists of Ulster as an expression of their love and admiration for its subject.” It is unveiled by James Craig, 1st Viscount Craigavon, in the presence of more than 40,000 people.

Carson lives at Cleve Court, a Queen Anne house near Minster-in-Thanet in the Isle of Thanet, Kent, bought in 1921. It is here that he dies peacefully on October 22, 1935. A warship brings his body to Belfast for the funeral. Thousands of shipworkers stop work and bow their heads as HMS Broke steams slowly up Belfast Lough, with his flag-draped coffin sitting on the quarterdeck. Britain gives him a state funeral on Saturday, October 26, 1935, which takes place in Belfast’s St. Anne’s Cathedral. He remains the only person to have been buried there. From a silver bowl, soil from each of the six counties of Northern Ireland is scattered onto his coffin, which had earlier been covered by the Union Jack. At his funeral service the choir sings his own favourite hymn, “I Vow to Thee, My Country.”


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Birth of John Hume, Northern Ireland Nationalist Politician

John Hume KCSG, Irish nationalist politician from Northern Ireland, is born into a working-class Catholic family in Derry, County Londonderry, on January 18, 1937. He is widely regarded as one of the most important figures in the recent political history of Ireland and is credited as being the thinker behind many political developments in Northern Ireland, from the power-sharing Sunningdale Agreement to the Anglo-Irish Agreement and the Good Friday Agreement. He wins the Nobel Peace Prize in 1998 alongside the leader of the Ulster Unionist Party (UUP), David Trimble.

Hume is the eldest of seven children of Samuel Hume, a former soldier and shipyard worker, and Anne “Annie” (née Doherty), a seamstress. He has a mostly Irish Catholic background, though his surname derives from one of his great-grandfathers, a Scottish Presbyterian who migrated to County Donegal. He attends St. Columb’s College and goes on to St. Patrick’s College, Maynooth, the leading Catholic seminary in Ireland and a recognised college of the National University of Ireland, where he intends to study for the priesthood. Among his teachers is Tomás Ó Fiaich, the future cardinal and Primate of All Ireland.

Hume does not complete his clerical studies but does obtain an M.A. degree in French and history from the college in 1958. He then returns home to his native Derry, where he becomes a teacher at his alma mater, St. Columb’s College. He is a founding member of the Credit Union movement in the city and is chair of the University for Derry Committee in 1965, an unsuccessful fight to have Northern Ireland’s second university established in Derry in the mid-1960s.

Hume becomes the youngest ever President of the Irish League of Credit Unions at age 27. He serves in the role from 1964 to 1968. He once says that “all the things I’ve been doing, it’s the thing I’m proudest of because no movement has done more good for the people of Ireland, north and south, than the credit union movement.”

Hume becomes a leading figure in the civil rights movement in the late 1960s along with people such as Hugh Logue. He is a prominent figure in the Derry Citizens’ Action Committee. The DCAC is set up in the wake of the October 5, 1968, march through Derry which had caused much attention to be drawn towards the situation in Northern Ireland. The purpose of the DCAC is to make use of the publicity surrounding recent events to bring to light grievances in Derry that had been suppressed by the Unionist Government for years. The DCAC, unlike the Northern Ireland Civil Rights Association (NICRA), is aimed specifically at a local campaign, improving the situation in Derry for everyone, and maintaining a peaceful stance. The committee also has a Stewards Association that is there to prevent any violence at marches or sit-downs.

Hume becomes an Independent Nationalist member of the Parliament of Northern Ireland in 1969 at the height of the civil rights campaign. He is elected to the Northern Ireland Assembly in 1973 and serves as Minister of Commerce in the short-lived power-sharing Executive in 1974. He stands unsuccessfully for the Westminster Parliament for the Londonderry constituency in October 1974, and is elected for Foyle in 1983.

In October 1971, Hume joins four Westminster MPs in a 48-hour hunger strike to protest at the internment without trial of hundreds of suspected Irish republicans. State papers that have been released under the 30-year rule that an Irish diplomat eight years later in 1979 believes Hume supported the return of internment.

In 1977, Hume challenges a regulation under the Civil Authorities (Special Powers) Act (Northern Ireland) 1922 which allows any soldier to disperse an assembly of three or more people. The Lord Chief Justice of Northern Ireland, Robert Lowry, holds that the regulation is ultra vires under Section 4 of the Government of Ireland Act 1920 which forbids the Parliament of Northern Ireland to make laws in respect of the army.

A founding member of the Social Democratic and Labour Party (SDLP), Hume succeeds Gerry Fitt as its leader in 1979. He also serves as one of Northern Ireland’s three Members of the European Parliament and serves on the faculty of Boston College, from which he receives an honorary degree in 1995.

Hume is directly involved in secret talks with the British government and Sinn Féin, in an effort to bring Sinn Féin to the discussion table openly. The talks are speculated to lead directly to the Anglo-Irish Agreement in 1985.

The vast majority of unionists reject the agreement and stage a massive and peaceful public rally in Belfast City Centre to demonstrate their distaste. Many Republicans and nationalists also reject it, as they see it as not going far enough. Hume, however, continues dialogue with both governments and Sinn Féin. The “Hume–Adams process” eventually delivers the 1994 Irish Republican Army (IRA) ceasefire which ultimately provides the relatively peaceful backdrop against which the Good Friday agreement is brokered.

On February 4, 2004, Hume announces his complete retirement from politics and is succeeded by Mark Durkan as SDLP leader. He does not contest the 2004 European Parliament election where his seat is won by Bairbre de Brún of Sinn Féin, nor does he run in the 2005 United Kingdom general election, in which Mark Durkan retains the Foyle constituency for the SDLP.

Hume and his wife, Pat, continue to be active in promoting European integration, issues around global poverty and the Credit Union movement. He is also a supporter of the Campaign for the Establishment of a United Nations Parliamentary Assembly, an organisation which campaigns for democratic reformation of the United Nations.

In 2015, Hume is diagnosed with Alzheimer’s disease, of which he had first displayed symptoms in the late 1990s. He dies in the early hours of August 3, 2020, at a nursing home in Derry, at the age of 83. On his death, former Labour Party leader and prime minister Tony Blair says, “John Hume was a political titan; a visionary who refused to believe the future had to be the same as the past.” The Dalai Lama says on Twitter, “John Hume’s deep conviction in the power of dialogue and negotiations to resolve conflict was unwavering… It was his leadership and his faith in the power of negotiations that enabled the 1998 Good Friday Agreement to be reached. His steady persistence set an example for us all to follow.”

(Pictured: John Hume with U.S. President Bill Clinton in 1995)


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The Convening of the Second Dáil

The Second Dáil (Irish: An Dara Dáil) is Dáil Éireann as it convenes on August 16, 1921, following the dissolution of the First Dáil. The Second Dáil runs until June 8, 1922.

From 1919 to 1922, Dáil Éireann is the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consists of members elected at the 1921 Irish elections, but with only members of Sinn Féin taking their seats. On January 7, 1922, it ratifies the Anglo-Irish Treaty by 64 votes to 57 which ends the Irish War of Independence and leads to the establishment of the Irish Free State on December 6, 1922.

Since 1919, those elected for Sinn Féin at the 1918 Irish general election had abstained from the House of Commons and established Dáil Éireann as a parliament of a self-declared Irish Republic, with members calling themselves Teachtaí Dála or TDs. In December 1920, in the middle of the Irish War of Independence, the British Government passes the Government of Ireland Act 1920, which enacts partition by establishing two home rule parliaments in separate parts of Ireland. These provisions arise out of discussions held at the Irish Convention held in 1917, from which Sinn Féin abstains. In May 1921 the first elections to the House of Commons of Northern Ireland and the House of Commons of Southern Ireland are held, by means of the single transferable vote. On May 10, 1921, the Dáil passes a resolution that the elections scheduled to take place later in the month in both parts of the country will be “regarded as elections to Dáil Éireann.”

In the elections for Southern Ireland, all seats are uncontested, with Sinn Féin winning 124 of the 128 seats, and Independent Unionists winning the four seats representing the Dublin University. In the 1921 Northern Ireland general election, the Ulster Unionist Party (UUP) wins 40 of the 52 seats, with Sinn Féin and the Nationalist Party winning 6 seats each. Of the six seats won by Sinn Féin in Northern Ireland, five are held by people who had also won seats in Southern Ireland.

The Second Dáil responds favourably to the proposal from King George V on June 22, 1921, for a truce, which becomes effective from noon on July 11, 1921. This is upheld by nearly all of the combatants while the months-long process of arranging a treaty gets under way. The Truce allows the Dáil to meet openly without fear of arrest for the first time since September 1919, when it had been banned and driven underground.

During the Second Dáil the Irish Republic and the British Government of David Lloyd George agree to hold peace negotiations. As President of Dáil Éireann, Éamon de Valera is the highest official in the Republic at this time but is notionally only the head of government. In August 1921, to strengthen his status in the negotiations, the Dáil amends the Dáil Constitution to grant him the title President of the Republic, and he thereby becomes head of state.

On September 14, 1921, the Dáil ratifies the appointment of Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan and George Gavan Duffy as envoys plenipotentiary for the peace conference in England. These envoys eventually sign the Anglo-Irish Treaty on December 6. The debate on the Treaty starts on December 14, and continues until January 7, 1922. On that date, the Dáil approves the treaty by 64 in favour to 57 against. As the leader of the anti-Treaty minority, de Valera resigns as President. He allows himself to be nominated again but is defeated on a vote of 60–58. He is succeeded as president by Arthur Griffith. The anti-Treaty deputies continue to attend the Dáil, with de Valera becoming the first Leader of the Opposition in the Dáil.

The ratification specified by the Treaty is by “a meeting summoned for the purpose of the members elected to sit in the House of Commons of Southern Ireland.” The Dáil vote does not fulfil this because four unionists are absent and one Northern Ireland member is present. The requisite approval comes at a separate meeting on January 14, 1922, attended by the unionists and boycotted by anti-Treaty TDs. The meeting also approves a Provisional Government led by Collins, which runs in parallel to Griffith’s Dáil government and with overlapping membership. The Government of Ireland Act 1920 requires the Commons to be summoned by the Lord Lieutenant and its members to take an oath of allegiance to the king, whereas the meeting on January 14 is summoned by Griffith and the members present do not take an oath.

Under the terms of the Treaty, a Constituent Assembly is to be elected to draft a Constitution for the Irish Free State to take effect by December 6, 1922. The assembly is also to serve as a “Provisional Parliament” to hold the Provisional Government responsible. This election is held on June 16, 1922, pursuant to both a resolution by the Second Dáil on May 20 and a proclamation by the Provisional Government on 27 May 27.

The Third Dáil is elected at the general election held on June 16, 1922. This election is required to be held under the Anglo-Irish Treaty signed on December 6, 1921.

(Pictured: Some members of the Second Dáil at the Grosvenor Hotel in London, seated (L to R) Éamon de Valera and Arthur Griffith, National Library of Ireland, NPA-RPH-10)


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British Ultimatum to the Irish Delegation at the Anglo-Irish Treaty Talks

The Irish delegation at the Anglo-Irish Treaty talks in London are given an ultimatum by British Prime Minister David Lloyd George on December 5, 1921. Sign the treaty or face “immediate and terrible war.”

In 1920, during the Irish War of Independence, the Government of Ireland Act not only establishes the new state of Northern Ireland but gives that state the right to opt-out of a future self-governing Irish Free State within the British Commonwealth of Nations.

The Northern state consists of the six northeastern counties of Ulster with a unionist majority. They are Antrim, Down, Armagh, Derry, Tyrone, and Fermanagh. Belfast is to be the seat of a government and hold limited devolved powers. The counties of Donegal, Cavan, and Monaghan are to be absorbed within the Irish Free State controlled from parliament in Dublin.

Irish nationalists are dismayed with the plan. Protestant Unionists, particularly those living within the boundaries of the new state, accept and start to implement the Act. Sectarian attacks are launched upon Catholic homes in Belfast, Derry, Banbridge, Lisburn, and Dromore. Catholics are driven from Belfast shipyards and from various engineering works in the city. Supposedly these attacks are in revenge for Irish Republican Army (IRA) assassinations.

The IRA continues the campaign to establish a republic with the Irish War of Independence. By the middle of 1921, both sides are exhausted, and a truce is called on June 9.

In July 1921, Éamon DeValera, the president of Dáil Éireann, goes to London to meet with Prime Minister Lloyd George. They agree an Irish delegation will come to London to discuss terms in the autumn.

The delegation appointed by the Dáil to travel to London consists of Arthur Griffith (Minister for Foreign Affairs and chairman of the delegation); Michael Collins (Minister for Finance and deputy chairman of the delegation); Robert Barton (Minister for Economic Affairs); George Gavan Duffy and Éamonn Duggan, with Erskine Childers, Fionán Lynch, Diarmuid O’Hegarty, and John Chartres providing secretarial assistance. DeValera himself does not attend. Future historians wonder if he knew they would not be able to negotiate a 32 county Irish Republic.

During the debate, Lloyd George insists Ireland remain part of the Commonwealth and Dáil Éireann members take the oath of allegiance to the British throne. After a delay of two months, Lloyd George delivers the ultimatum on December 5, sign a treaty within three days or there will be war.

The Anglo-Irish Treaty is to give Ireland a 26 county Free State with Dominion status. The right to raise taxes, regulate foreign trade, independence in internal affairs, own an army, and the oath of allegiance is changed to one of fidelity.

The British are to retain three naval bases within the jurisdiction of the Free State, at Cobh, Lough Swilly, and Berehaven. The Northern Ireland boundary is to be determined by a commission. This gives false hope to large tracts of Tyrone, Fermanagh, Down, Armagh, and Derry City would be given to the Free State as they have Catholic majorities.

Just after 2:00 AM on December 6, 1921, the Irish delegation, without consulting the Dáil, finally sign a treaty with the British. Collins writes, prophetically, later on the day of the signing, “early this morning I signed my death warrant.”

The Treaty displeases the Catholics in the north and the unionists in the south. Meanwhile, many of those involved in the conflict are abhorred at the fact that not all of Ireland is to leave the United Kingdom.

(From: “The Anglo-Irish Treaty (1921)” by Brian O’Neill, Your Irish Culture, http://www.yourirish.com, May 20, 2020)


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Office of Governor of Northern Ireland Abolished

The mainly ceremonial office of Governor of Northern Ireland is abolished on July 18, 1973 under Section 32 of the Northern Ireland Constitution Act 1973. The Secretary of State for Northern Ireland, a cabinet office created in 1972, takes over the functions of the Governor on December 20, 1973 under Letters Patent.

The office of the Governor of Northern Ireland is established on 9 December 9, 1922 under Letters Patent to “do and execute in due manner as respects Northern Ireland all things which by virtue of the [1920] Act and our said Letters Patent of 27 April 1921 or otherwise belonged to the office of Lord Lieutenant at the time of the passing of the Irish Free State Constitution Act 1922.”

The 1922 “Instructions” sent alongside the letters patent establishing the office require the Governor of Northern Ireland to get the monarch’s permission to leave Northern Ireland, and empowers the Governor in such cases to issue letters patent under the Great Seal of Northern Ireland appointing a “Deputy or Deputies, Justice or Justices” during his absence. This emulates the practice of appointing Lords Justices of Ireland when the Lord Lieutenant is absent from Ireland. Each new Governor upon taking office selects a slate of eligible deputies from among the Privy Council of Northern Ireland, and at each of his subsequent absences a subset of these are sworn in for its duration. Many are Lord Chief Justice or Lord Justice of Appeal, including Denis Henry, William Moore, James Andrews, Anthony Babington, John MacDermott, Baron MacDermott, and Samuel Clarke Porter. Others are Senators and/or county lieutenants, including Robert Sharman-Crawford, Robert David Perceval-Maxwell, Henry Armstrong, Sir Thomas Dixon, 2nd Baronet, Maurice McCausland, and Francis Needham, 4th Earl of Kilmorey.

The Governor has possession of the Great Seal of Northern Ireland and is the successor to the Lord Lieutenant of Ireland in Northern Ireland, itself established on May 3, 1921. The official residence of the Governor of Northern Ireland is Hillsborough Castle in County Down. Following refurbishment of the Castle, James Hamilton, 3rd Duke of Abercorn, takes up residence in 1925. It remained the official residence until the abolition of the office of governor in 1973. Henceforth it has been the official residence of the Secretary of State for Northern Ireland.


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Introduction of the Special Powers Act 1922

The Civil Authorities (Special Powers) Act (Northern Ireland) 1922, often referred to simply as the Special Powers Act, is an Act introduced by the Parliament of Northern Ireland on April 7, 1922, shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland. Its sweeping powers make it highly controversial, and it is seen by much of the Irish nationalist community as a tool of Ulster unionist oppression. The Act is eventually repealed by the Northern Ireland (Emergency Provisions) Act 1973, following the abolition of Northern Ireland’s parliament and the imposition of direct rule by the British government.

At the start of the twentieth century, the people of Ireland are divided into two mutually hostile factions. The much larger group (nationalists) are mostly Roman Catholic, identified primarily as Irish, and want some form of Irish home rule or independence from Britain. The smaller group (unionists), concentrated primarily in the province of Ulster, are mostly Protestant, identified primarily as British and are committed to remaining within the United Kingdom. In the years before World War I, both groups establish armed militias intended to enforce their aims and protect their communities from the other side’s militias. The British government resolves to partition Ireland in an effort to alleviate unionists and nationalists, with the six most Protestant counties of Ulster forming Northern Ireland while the rest of Ireland achieves self-rule. This is accepted by most unionists as the best deal they are likely to get, but bitterly disappoints many nationalists, especially those who live in the six counties which become Northern Ireland. Many nationalists on both sides of the border feel that their country has been unjustly divided, and for many decades the Irish government claims that Northern Ireland is rightfully its territory.

Partition is formally established with the Government of Ireland Act 1920. This also establishes the Parliament of Northern Ireland, which comes into being the following year. Partition is followed by high levels of inter-communal violence, especially in Belfast. The Irish Republican Army (IRA), although it spends most of these years fighting in the Irish Civil War, aims to use armed force to end partition and compel the United Kingdom to withdraw sovereignty from Northern Ireland.

The Special Powers Act is presented as being necessary to re-establish peace and law and order in Northern Ireland and enable the government to “take all such steps and issue all such orders as may be necessary for preserving the peace and maintaining order,” although it is specified that the ordinary course of law should be interfered with as little as possible. The Minister of Home Affairs is empowered to make any regulation felt necessary to preserve law and order in Northern Ireland. Anyone who breaks these regulations can be sentenced to up to a year in prison with hard labour, and in the case of some crimes, whipping. A special summary jurisdiction is enabled to hear cases involving such crimes. The Minister of Home Affairs is also permitted to forbid the holding of inquests if he feels this is required to preserve order and peace.

The Schedule to the Act specifies actions which the government can take in order to preserve peace, although the body of the Act enables the government to take any steps at all which it thinks necessary. Actions specified in the Schedule include the closing of licensed premises, the banning in any area of meetings and parades in public places, the closing of roads, the taking of any land or property, and the destruction of any building. The Schedule also forbids the spreading by word of mouth or text any “reports or…statements intended or likely to cause disaffection to subjects of His Majesty.”

Because it is presented as emergency legislation, the Special Powers Act is initially current for only one year and has to be renewed annually. In 1928, however, it is renewed for five years and when this period expires in 1933 the Act is made permanent. According to John Whyte, this happens because, from 1925, nationalist MPs begin sitting in the Stormont parliament which they had initially boycotted. Unsurprisingly, they object strenuously to the renewal of the Act, and it is felt by the Ulster Unionist Party Minister of Home Affairs that it would be better to make the Act permanent than for Parliament annually to “wrangle” over it.

Initially, regulations under the Act are used mostly to curb immediate violence and disorder. One of the most controversial of these is internment without trial, outlined in Paragraph 23 of the Schedule. In the period from May 1922 to December 1924, 700 republicans are interned under the Act.

Political violence declines dramatically by 1925, and the government gradually shifts its emphasis from broad measures designed to return civil order to the province to more preventative regulations aimed at suppressing the threat posed by republican aspirations. Regulations banning meetings and parades and restrictions on the flying of the Irish tricolour become more common. Between 1922 and 1950, the government bans nearly 100 parades and meetings, the vast majority of which are nationalist or republican. No loyalist gathering is ever directly banned under the Act, although a few are caught in blanket bans against parades or meetings in a particular area. From 1922 until 1972, 140 publications are banned, the vast majority of which express republican viewpoints.

After the troubles of the early 1920s has died down, the provision for internment is not used until the IRA’s border campaign of the 1950s, in which several hundred republicans are interned. Following the outbreak of the Troubles in 1968, many within the Protestant community call for the reintroduction of internment. This occurs in 1971 and authorises internment of those suspected to be involved in terrorism. Although there are loyalist as well as republican terrorists at this time, of the 1,981 men interned, only 107 are loyalists.

Internment ends in 1975 but is credited with increasing support and sympathy for the Provisional Irish Republican Army amongst the Catholic community and outside of Northern Ireland. It helps to create political tensions which culminate in the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws specific to Northern Ireland continue until the 1998 Good Friday Agreement, but these laws require the right to a fair trial be respected.

The Act encounters further controversy in the 1970s due to the deployment of the British Army in Northern Ireland and its role in maintaining order and similar policing-style duties. In 1972, the government is forced to amend the Act in order to legalise the detention of internees arrested by soldiers. Martin Meehan had been arrested after escaping from Crumlin Road Gaol and charged with escaping from lawful custody. At his trial he successfully argues that under the Special Powers Act a soldier has no power of arrest and, as such, he has the legal right to escape. He is awarded £800 in compensation for being illegally detained for twenty-three days.


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Formation of the Northern Ireland Civil Rights Association

northern-ireland-civil-rights-association

The Northern Ireland Civil Rights Association (NICRA), an organisation that campaigns for civil rights in Northern Ireland during the late 1960s and early 1970s, is formed in Belfast on April 9, 1967. The civil rights campaign attempts to achieve reform by publicising, documenting, and lobbying for an end to discrimination in areas such as elections (which are subject to gerrymandering and property requirements), discrimination in employment, in public housing and alleged abuses of the Special Powers Act.

Since Northern Ireland’s creation in 1922, the Catholic minority suffers from varying degrees of discrimination from the Protestant and Unionist majority. Many nationalist historians regard the ethos of Northern Ireland as unambiguously sectarian, however, academic and author Senia Paseta posits that discrimination was never as calculated as republicans maintained nor as fictional as unionists claimed. In fact, laws against religious discrimination are enshrined in the Government of Ireland Act 1920, Northern Ireland’s constitution. No government of Northern Ireland, even if they want to, can create laws which overtly discriminated against any religious body of peoples.

The genesis of NICRA lay in a meeting in Maghera in August 1966 between the Wolfe Tone Societies which is attended by Cathal Goulding, then chief of staff of the Irish Republican Army (IRA). During its formation, NICRA’s membership extends to trade unionists, communists, liberals, socialists, with republicans eventually constituting five of the thirteen members of its executive council. The organisation initially also has some unionists, with Young Unionist Robin Cole taking a position on its executive council. Official Sinn Féin and Official Irish Republican Army influence over NICRA grows in later years, but only as the latter’s importance declines, when violence escalated between late 1969 until 1972, when NICRA ceased its work.

Events escalate in Northern Ireland until August 1969, when the annual Apprentice Boys of Derry march is attacked as it marches through the city’s walls and past a perimeter with the nationalist Bogside. Initially some loyalist supporters throw pennies down from the walls onto Catholics in the Bogside. Catholics then throw nails and stones at loyalists leading to an intense confrontation. The Royal Ulster Constabulary (RUC) intervenes, and a three-day riot known as the Battle of the Bogside ensues. Rioting quickly spreads throughout nationalist areas in Northern Ireland, where at least seven are killed and hundreds wounded. Thousands of Catholics are driven from their homes by loyalists. These events are often seen as the start of the Troubles.

In a subsequent official inquiry, Lord Leslie Scarman concludes, “We are satisfied that the spread of the disturbances [in Derry in August 1969] owed much to a deliberate decision of some minority groups to relieve police pressure on the rioters in Londonderry. Amongst these groups must be included NICRA, whose executive decided to organise demonstrators in the province so as to prevent reinforcement of the police in Londonderry.” In December 1969 and January 1970, both Sinn Féin and the IRA split into “Official” and “Provisional” wings, with the “Official” wings retaining influence in NICRA.

The British government introduces internment on August 9, 1971, at the request of Northern Ireland Prime Minister Brian Faulkner. The British Army, in co-operation with the RUC, intern 342 people. One hundred sixteen of those interned are innocent of involvement with the IRA and are quickly released.

The introduction of internment is not a closely guarded secret, with newspaper editorials appearing and discussion on television. The IRA goes underground or flees across the border. As a result, fewer than 100 arrests are from the IRA. By this stage, support for NICRA begins to wane, however NICRA continues to organise anti-internment marches. In Derry on January 30, 1972, NICRA takes part in a mass anti-internment march which had also been banned. Fourteen unarmed demonstrators are shot and killed by British troops during the march which becomes known as Bloody Sunday.


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Signing of the Anglo-Irish Treaty

anglo-irish-treatyThe Anglo-Irish Treaty, commonly known as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, is signed in the early morning hours of December 6, 1921 by representatives of the Irish government appointed by President Éamon de Valera and those negotiating for the government of the United Kingdom of Great Britain and Ireland, ending the Irish War of Independence against Great Britain. It is then, and remains, one of the most debated moments in Irish history.

The Treaty provides for the establishment of the Irish Free State within a year as a self-governing dominion within the “community of nations known as the British Empire“, a status “the same as that of the Dominion of Canada.” It also provides Northern Ireland, which had been created by the Government of Ireland Act 1920, an option to opt out of the Irish Free State, which it exercises.

The agreement is signed in London by representatives of the British government, which includes Winston Churchill and Prime Minister David Lloyd George, who are old masters at the game of politics, and by representatives of the Irish Republic including Michael Collins and Arthur Griffith, who have nowhere near the political acumen of the British delegation. De Valera, a shrewd, experienced politician, may have been the only man in all of Ireland who might have matched them, but he refuses to join the negotiations.

The Irish representatives have plenipotentiary status acting on behalf of the Irish Republic, though the British government declines to recognise that status. As required by its terms, the Treaty is approved by “a meeting” of the members elected to sit in the House of Commons of Southern Ireland and separately by the British Parliament. In reality, Dáil Éireann, the legislative assembly for the de facto Irish Republic, first debates then approves the treaty. Members then proceed with the “meeting.” Though the Treaty is narrowly approved, the split leads to the Irish Civil War, which is won by the pro-treaty side.

The Irish Free State as contemplated by the Treaty comes into existence when its constitution becomes law on December 6, 1922 by a royal proclamation.

(Pictured: Michael Collins signs the Anglo-Irish Treaty on December 6, 1921)


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Passage of the Special Powers Act 1922

special-powers-act-1922

The Civil Authorities (Special Powers) Act (Northern Ireland) 1922, often referred to simply as the Special Powers Act, is passed by the Parliament of Northern Ireland on April 7, 1922, shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland. Its sweeping powers make it highly controversial, and it is seen by much of the Northern Irish nationalist community as a tool of Ulster unionist oppression. The Act is eventually repealed by the Northern Ireland (Emergency Provisions) Act 1973, following the abolition of Northern Ireland’s parliament and the imposition of direct rule by the British government.

At the start of the twentieth century, the people of Ireland are divided into two mutually hostile factions. Nationalists, the much larger group, are mostly Roman Catholic, identify primarily as Irish, and want some form of Irish home rule or independence from Britain. Unionists, the smaller group, concentrates primarily in the province of Ulster, are mostly Protestant, identify primarily as British (although many see themselves as Irish and British), and are committed to remaining within the United Kingdom.

Partition is formally established with the Government of Ireland Act 1920. This also establishes the Parliament of Northern Ireland, which comes into being the following year. Partition is followed by high levels of inter-communal violence, especially in Belfast. The Irish Republican Army (IRA), although it spends most of these years fighting in the Irish Civil War, aims to use armed force to end partition and compel the United Kingdom to withdraw sovereignty from Northern Ireland.

The Act is presented as being necessary to re-establish peace and law and order in Northern Ireland and enables the government to “take all such steps and issue all such orders as may be necessary for preserving the peace and maintaining order,” although it is specified that the ordinary course of law should be interfered with as little as possible. Because it is presented as emergency legislation, the Act is initially current only for one year and has to be renewed annually. In 1928, however, it is renewed for five years and when this period expires in 1933 the Act is made permanent.

Despite rhetoric accompanying the Act which asserts that it is for the purpose of restoring public order, its provisions continue to be used for the entire period of the Northern Irish parliament’s existence. Because the Ulster Unionist Party is the only party ever to form a government in this parliament, the Act is used “almost exclusively on the minority population.” Initially, regulations under the Act are used mostly to curb immediate violence and disorder. One of the most controversial of these is internment without trial.

After the troubles of the early 1920s dies down, the provision for internment is not used until the IRA’s Border Campaign of the 1950s, in which several hundred republicans are interned. Following the outbreak of The Troubles in 1968, many within the Protestant community call for the reintroduction of internment. This occurs in 1971 and authorises internment of those suspected to be involved in terrorism. Although there are loyalist as well as republican terrorists at this time, of the 1,981 men interned, only 107 are loyalists. Due to inadequate intelligence-gathering, many of the interned republicans are members of the Official Irish Republican Army rather than the recently formed Provisional Irish Republican Army (PIRA), which is much more heavily involved in terrorist activity at the time.

Internment ends in 1975 but is credited with increasing support and sympathy for the PIRA amongst the Catholic community and outside of Northern Ireland. It helps to create political tensions which culminate in the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws specific to Northern Ireland continue until the 1998 Good Friday Agreement, but these laws require the right to a fair trial be respected.


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Ratification of the Anglo-Irish Treaty

anglo-irish-treaty-negotiatorsThe Anglo-Irish Treaty is ratified by the Parliament of the United Kingdom on December 16, 1921. It is ratified by the British House of Commons by a vote of 401 to 58. On the same day the House of Lords votes in favour by 166 to 47.

The Anglo-Irish Treaty, commonly known as “The Treaty” and officially the “Articles of Agreement for a Treaty Between Great Britain and Ireland,” is an agreement between the government of the United Kingdom of Great Britain and Ireland and representatives of the Irish Republic that concludes the Irish War of Independence. It provides for the establishment of the Irish Free State within a year as a self-governing dominion within the “community of nations known as the British Empire,” a status “the same as that of the Dominion of Canada.” It also provides Northern Ireland, which had been created by the Government of Ireland Act 1920, an option to opt out of the Irish Free State, which it exercises.

The agreement is signed in London on December 6, 1921, by representatives of the Government of the United Kingdom, which includes Prime Minister David Lloyd George, who is head of the British delegates, and by representatives of the Irish Republic including Michael Collins and Arthur Griffith. The Irish representatives have plenipotentiary status (negotiators empowered to sign a treaty without reference back to their superiors) acting on behalf of the Irish Republic, though the British government declines to recognise that status. As required by its terms, the agreement is ratified by “a meeting” of the members elected to sit in the House of Commons of Southern Ireland and separately by the British Parliament.

Éamon de Valera calls a cabinet meeting to discuss the treaty on December 8, where he comes out against the treaty as signed. The cabinet decides by four votes to three to recommend the treaty to Dáil Éireann on December 14. Though the treaty is narrowly ratified, the split leads to the Irish Civil War, which is won by the pro-treaty side.

The Irish Free State as contemplated by the treaty comes into existence when its constitution becomes law on December 6, 1922 by a royal proclamation giving the force of law to the Irish Free State Constitution Act 1922.

(Pictured: Members of the Irish negotiation committee returning to Ireland in December 1921)