seamus dubhghaill

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Birth of Mary Irvine, First Female President of the High Court

Mary Irvine, Irish judge who is the President of the Irish High Court between 2020 and 2022, is born on December 10, 1956, in Clontarf, Dublin. She first practiced as a barrister. She is a judge of the High Court between 2007 and 2014, a judge of the Court of Appeal from 2014 to 2019 and serves as a judge of the Supreme Court of Ireland from May 2019 until becoming President of the High Court on June 18, 2020. In addition to being the first woman to hold that position, she is the first judge to have held four judicial offices. She is an ex officio member of the Supreme Court and the Court of Appeal.

Irvine is born to John and Cecily Irvine, her father once being deputy director of RTÉ. She is educated at Mount Anville Secondary School, University College Dublin (UCD) and the King’s Inns. She is an international golf player, winning the Irish Girls Close Championship in 1975.

Irvine is called to the Bar in 1978 and becomes a Senior Counsel in 1996. She is the secretary of the Bar Council of Ireland in 1992. She is elected a Bencher of the King’s Inns in 2004.

Irvine specialises in medical law, appearing in medical negligence cases on behalf of and against health boards in actions. She is a legal advisor to an inquiry into deposit interest retention tax (DIRT) conducted by the Public Accounts Committee, along with future judicial colleagues Frank Clarke and Paul Gilligan. She represents the Congregation of Christian Brothers at the Commission to Inquire into Child Abuse.

Irvine’s practice also extends to constitutional law. As a junior counsel, she represents the plaintiff in Cahill v. Sutton in 1980 in the Supreme Court with seniors Niall McCarthy and James O’Driscoll. The case establishes the modern Irish law of standing for applicants to challenge the constitutional validity of statutes. She appears with Peter Kelly to argue on behalf the right of the unborn in a reference made by President of Ireland Mary Robinson under Article 26 of the Constitution to the Supreme Court in 1995 regarding the Information (Termination of Pregnancies) Bill 1995.

Irvine is appointed as a Judge of the High Court in June 2007. She is in charge of the High Court Personal Injuries list from 2009 to 2014 and subsequently becomes the second Chair of the Working Group on Medical Negligence and Periodic Payments, established by the President of the High Court.

Irvine is appointed to Court of Appeal on its establishment in October 2014. Some of her judgments on the Court of Appeal reduce awards given by lower courts for personal injuries compensation. She writes “most of the key” Court of Appeal judgments between 2015 and 2017 which have the effect of reducing awards arising from subsequent actions in the High Court.

Irvine is appointed to chair a statutory tribunal to conduct hearings and deal with cases related to the CervicalCheck cancer scandal in 2019. However, following her appointment as President of the High Court in 2020, she is unable to continue with the position.

On April 4, 2019, Irvine is nominated by the Government of Ireland as a Judge of the Supreme Court. She is appointed by the President of Ireland, Michael D. Higgins, on May 13, 2019. She writes decisions for the court in appeals involving planning law, the law of tort, intellectual property law, judicial review, and chancery law.

Irvine is appointed by Chief Justice Frank Clarke in 2019 to chair the Personal Injuries Guidelines Committee of the Judicial Council. The purpose of the committee is to review the levels of compensation issues in court cases arising out of personal injuries. Minister of State at the Department of Finance Michael W. D’Arcy writes a letter to congratulate her on her appointment and outlines his views that personal injuries awards in Ireland should be “recalibrated.” She responds to the letter by saying it is the not the committee’s duty to tailor its findings “in a manner favourable to any particular interest group.”

Following a cabinet meeting on June 12, 2020, it is announced that Irvine will be nominated to succeed Peter Kelly as President of the High Court. A three-person panel consisting of the Chief Justice Frank Clarke (later substituted by George Birmingham), the Attorney General Séamus Woulfe and a management consultant, Jane Williams, reviews applications for the position, before making recommendations to cabinet. The President of the Law Society of Ireland welcomes her appointment, describing her as an “outstandingly able judge.” She is the first woman to hold the role. As she is previously an ordinary judge of three courts, her appointment as President of the High Court makes her the first person to have held four judicial offices. She is appointed on June 18, 2020, and makes her judicial declaration on June 19.

Irvine takes over as president in the midst of the COVID-19 pandemic in the Republic of Ireland. She issues guidelines for lawyers to negotiate personal injuries cases outside of court due to the backlog formed by delays in hearings. She issues a practice direction in July 2020 that face coverings are to be worn at High Court hearings. She criticises barristers and solicitors in October 2020 for not wearing masks in the Four Courts.

In Irvine’s first week as president, she presides over a three-judge division of the High Court in a case taken by a number of members of Seanad Éireann. The plaintiffs seek a declaration that the Seanad should sit even though the nominated members of Seanad Éireann have not been appointed. The court refuses the relief and finds for the State. In 2021, she also presides over a three-judge division on a Seanad Éireann voting rights case, where the plaintiff argues for the extension of voting rights to graduates of all third-level educational institutions and the wider population. The court finds against the plaintiff.

Irvine continues to sit in the Supreme Court following her appointment.

In April 2022, Irvine announces her intention to retire in July 2022. She retires on July 13, 2022, and is succeeded by David Barniville.

Irvine is formerly married to retired judge Michael Moriarty, with whom she has three children. Her only known son, Mark Moriarty, dies suddenly on August 19,2022.

(Pictured: Justice Mary Irvine with the President of Ireland, Michael D. Higgins, on her appointment on the Supreme Court in 2019)


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The Irish Republican Army Announces Arms Dump Inspections

The Irish Republican Army (IRA) announces a fresh inspection of hidden arms dumps by international monitors on October 26, 2000, as British Prime Minister Tony Blair holds talks in Northern Ireland to bolster the British province’s shaky peace accord.

Blair urges Protestant waverers to keep the Good Friday Agreement alive and insists that IRA disarmament, which the pro-British unionists are demanding, is “part of the agreement.”

Britain says two monitors, former President of Finland Martti Ahtisaari and South African Cyril Ramaphosa, have reported to the province’s disarmament commission. “We and the Irish government understand from the decommissioning commission that a second inspection of IRA dumps has now taken place, and they have received a report to that effect from President Ahtisaari and Mr. Ramaphosa,” a Northern Ireland Office statement says.

The IRA discloses the inspection, aimed to show that arms from its long anti-British war are no longer being used, as tension grows ahead of a crucial October 28 conference of the Protestant Ulster Unionist Party (UUP). “We specifically announced that we would repeat the inspection of a number of arms dumps by third parties to confirm that our weapons are secure,” the IRA says. “We now wish to confirm that this re-inspection has taken place and thank those involved for their co-operation.”

Ramaphosa and Ahtisaari first examine arms stockpiles in June 2000.

The IRA is observing a ceasefire following a 30-year war against British rule in Northern Ireland.

U.S. President Bill Clinton joins Britain and Ireland in applauding the IRA’s decision that it will permit a fresh look at some of its hidden arsenal.

However, as Blair arrives three bomb alerts underline the fragility of a peace that has been shaken by sporadic attacks by armed dissidents who oppose the 1998 Good Friday Agreement. A detective escapes injury when a bomb under his car fails to explode in a carpark at Antrim, north Belfast. A police spokesman blames Protestant “loyalist paramilitaries.” Army bomb experts also deal with two “suspicious objects” found in other parts of the province, police say.

Blair’s visit is seen as a bid to garner support for First Minister David Trimble, who is under pressure from within his Ulster Unionist Party over his decision to share power with Sinn Féin, even though the IRA has not disarmed.

Blair appeals to unionists ahead of their conference not to squander the accord’s hard-won political advances. He warns that disarmament will be out of reach if the coalition falls. “This is the only way forward for the future. If the Executive collapses and the Assembly then collapses, which must automatically happen, you don’t have a process at all, you don’t have decommissioning,” he tells reporters.

Confirmation of the second inspection is seen as a lift for the peace process which might ease pressure on Trimble.

UUP hardliners on Saturday, October 28, plan to urge grassroots members to back their demand for Trimble to pull out of the ruling coalition by November 30 if the IRA has not disarmed by that time. However, Trimble, at a news conference, dismisses the five-week deadline as “a crude device.”

(From: “IRA confirms arms dump inspections,” CNN.com, October 26, 2000 | Pictured: David Trimble, Seamus Mallon and Tony Blair at Stormont. Photograph: Eric Luke/The Irish Times)


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Birth of Gerard Hogan, Judge, Lawyer & Academic

Gerard William Augustine Hogan, MRIA, Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021, is born on August 13, 1958, in Carrick-on-Suir, County Tipperary. He previously serves as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. He first works as a barrister and lecturer in law specialising in constitutional and administrative law.

Hogan is born to Mai and Liam Hogan. His father is the deputy principal of the Christian Brothers secondary school in the town. He is educated at University College Dublin (UCD), from where he receives BCL and LLM degrees in 1979 and 1981. He co-authors his first book Prisoners’ Rights: A Study in Irish Prison Law in 1981 with Paul McDermott and Raymond Byrne. He obtains a John F. Kennedy memorial scholarship to study for an LLM at the University of Pennsylvania Law School. He subsequently attends the King’s Inns. He holds two doctorates – an LLD from UCD and a PhD in law from Trinity College Dublin in 2001.

In 1986, early in his legal career, he supports the Anti-Apartheid Movement with other legal scholars, including Mary McAleese, Mary Robinson and Bryan MacMahon. He is involved with the Progressive Democrats and in 1988 writes the party’s proposed new Constitution of Ireland with Michael McDowell. In May 2021, he is made a member of the Royal Irish Academy.

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.

During his career as a barrister, Hogan is involved in cases involving employment law, habeas corpus, immigration law, judicial review, company law and commercial law.

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 involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He represents Desmond O’Malley at the Beef Tribunal in 1992, Dermot Desmond at the Moriarty Tribunal in 2004, and Jim Higgins and Brendan Howlin in actions related to the Morris Tribunal. He acts for the Committee on Members’ Interests of Seanad Éireann in action taken by Ivor Callely.

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.


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First Official Meeting of An Taisce – The National Trust for Ireland

The first official meeting of An Taisce, The National Trust for Ireland, takes place on July 15, 1948, at the Royal Irish Academy‘s headquarters, Academy House on Dawson Street, Dublin.

An Taisce is established on a provisional basis in September 1946 and incorporated as a company based on an “association not for profit” in June 1948. It is a charitable non-governmental organisation (NGO) active in the areas of the environment and built heritage in the Republic of Ireland. It considers itself the oldest environmental and non-governmental organisation in the country and is somewhat similar to the National Trust of England, Wales and Northern Ireland but based more directly on the National Trust for Scotland. Its first president is the prominent naturalist Robert Lloyd Praeger.

An Taisce is a membership-based charity, rather than a state or semi-state organisation, or quango, but it does receive government and European Union funding for specific programmes, such as Blue Flag beaches, and Green Schools private-sector funding for, for example, the Irish Business Against Litter surveys, and a mix of State and private funding for the annual National Spring Clean. An Taisce has for decades also had a statutory role in certain planning and environmental processes in the country.

The work of the organisation includes policy recommendation and campaigning in the built and natural heritage areas, the holding in trust of relevant properties, and environmentally relevant education. It has a number of local associations, which may assist in caring for properties, and monitor planning in their areas.

A public meeting to consider the need for a national trust is held in the Mansion House in September 1946, convened by the Royal Irish Academy, the Royal Society of Antiquaries of Ireland, An Óige, the Geographical Society of Ireland, the Dublin Naturalists’ Field Club and the Irish Society for the Preservation of Birds. The meeting resolves to create such a body, and elect both a provisional committee, and a council of 16 plus 4 co-opted members, who secure bankers, auditors and solicitors. After extensive debate, the two-part name is chosen and application is made to form a not-for-profit company. Special approval is sought from the Minister for Trade and Commerce for charity-appropriate memorandum and articles, adhering to the “association not for profit” section of the then Companies Act, with a prohibition on distribution of surpluses, and for permission to omit the word “Limited” from the company name.

An Taisce is an indirect successor to the all-Island National Trust Committee which had ceased to exist in 1946 after the passing of the Northern Ireland National Trust Act.

The organisation is duly incorporated as a company limited by guarantee on June 28, 1948. The initial constitution is modelled on that of the National Trust for Scotland. The first official meeting of the company was held on July 15, 1948, at the Royal Irish Academy’s headquarters, Academy House on Dawson Street, and the first annual general meeting is convened on September 23 of the same year, with formal greetings from the National Trust and the National Trust for Scotland.

Notable founder directors and council members include Robert Lloyd Praeger, James Sleator, Michael Parsons, 6th Earl of Rosse, Patrick G. Kennedy, Arthur Cox, George Francis Mitchell and, co-opted, Cearbhall Ó Dálaigh, Seán MacBride and Colm Ó Lochlainn. Praeger was elected as the first president of the organisation and Professor Felix Hackett as chairperson. Praeger makes an opening address which is subsequently broadcast nationally by Raidió Éireann.

An Taisce’s headquarters are in Dublin’s oldest surviving guildhall, the Tailors’ Hall, which it helped to restore.


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Birth of Willie Frazer, Northern Irish Loyalist Activist

William Frederick Frazer, Northern Irish Ulster loyalist activist and advocate for those affected by Irish republican violence in Northern Ireland, is born on July 8, 1960. He is the founder and leader of the advocacy group Families Acting for Innocent Relatives (FAIR). He is also a leader of the Love Ulster campaign and then, the Belfast City Hall flag protests.

Frazer grows up in the village of Whitecross, County Armagh, Northern Ireland, as one of nine children, with his parents Bertie and Margaret. He is an ex-member of the Territorial Army and a member of the Free Presbyterian Church of Ulster. He attends a local Catholic school and plays Gaelic football up to U14 level. He describes his early years as a “truly cross-community lifestyle.” Growing up, he is a fan of the American actor John Wayne and wrestling. His father, who is a part-time member of the British Army‘s Ulster Defence Regiment (UDR) and a council worker, is killed by the Provisional Irish Republican Army (IRA) on August 30, 1975. The family home had previously been attacked with petrol bombs and gunfire which Frazer claims were IRA men, due to his father’s UDR membership. He states that his family is well respected in the area including by “old-school IRA men” and receives Mass cards from Catholic neighbours expressing their sorrow over his father’s killing. Over the next ten years, four members of Frazer’s family who are members or ex-members of the Royal Ulster Constabulary (RUC) or British Army are killed by the IRA. An uncle who is also a member of the UDR is wounded in a gun attack.

Soon after his father’s death, the IRA begins targeting Frazer’s older brother who is also a UDR member. Like many South Armagh unionists, the family moves north to the village of Markethill. After leaving school, he works as a plasterer for a period before serving in the British Army for nine years. Following this he works for a local haulage company, then sets up his own haulage company, which he later sells.

During the Drumcree conflict, Frazer is a supporter of the Portadown Orange Order who demand the right to march down the Garvaghy Road against the wishes of local residents. He is president of his local Apprentice Boys club at the time.

For a brief period after selling his haulage firm, Frazer runs “The Spot,” a nightclub in Tandragee, County Armagh, which closes down after two Ulster Protestant civilians who had been in the club, Andrew Robb and David McIlwaine, are stabbed to death in February 2000 by the Ulster Volunteer Force (UVF), after one of them had allegedly made derogatory remarks about dead UVF Mid-Ulster Brigade leader Richard Jameson. Frazer is confronted in an interview on BBC Radio Ulster about the murders by the father of one of the victims, Paul McIlwaine. During the Smithwick Tribunal, set up to investigate allegations of collusion in the 1989 Jonesborough ambush, it is alleged by a member of Garda Síochána that Frazer is a part of a loyalist paramilitary group called the Red Hand Commando. Frazer denies this allegation, saying they put his life in danger.

Frazer applies for a licence to hold a firearm for his personal protection and is turned down, a chief inspector says, in part because he is known to associate with loyalist paramilitaries.

FAIR, founded by Frazer in 1998, claims to represent the victims of IRA violence in South Armagh. It has been criticised by some for not doing the same for victims of loyalist paramilitary organisations or for those killed by security forces.

In February 2006, Frazer is an organiser of the Love Ulster parade in Dublin that has to be cancelled due to rioting. In January 2007, he protests outside the Sinn Féin Ard Fheis in Dublin that votes to join policing structures in Northern Ireland. He expresses “outrage at the idea that the ‘law-abiding population’ would negotiate with terrorists to get them to support democracy, law and order.”

In January 2007, Frazer dismisses Police Ombudsman Nuala O’Loan‘s report into security force collusion with loyalist paramilitaries.

In March 2010, Frazer claims to have served a civil writ on deputy First Minister Martin McGuinness, of Sinn Féin, seeking damages arising from the killing of his father by the Provisional IRA. Both Sinn Féin and the courts deny that any such writ had been served, but in June 2010 Frazer announces that he will seek to progress his claim in the High Court. There has since been no report of any such litigation. He previously pickets McGuinness’s home in Derry in 2007 to demand support for calls for Libya to compensate victims of IRA attacks. Accompanied by two other men, he attempts to post a letter to the house but is confronted by local residents and verbally abused. When McGuinness stands for election in the 2011 Irish presidential election, Frazer announces that he and FAIR will picket the main Sinn Féin election events, however, no such pickets take place.

In September 2010, the Special EU Programmes Body (SEUPB) revokes all funding to FAIR due to “major failures in the organisation’s ability to adhere to the conditions associated with its funding allocation” uncovered following a “thorough audit” of the tendering and administration procedures used by FAIR.

In November 2011, the SEUPB announces that it is seeking the return of funding to FAIR and another Markethill victims’ group, Saver/Naver. FAIR is asked to return £350,000 while Saver/Naver is asked to return £200,000. Former Ulster Unionist Party (UUP) leader Reg Empey demands that the conclusions about FAIR’s finances be released into the public domain.

In January 2012, Frazer announces a protest march to be held on February 25 through the mainly Catholic south Armagh village of Whitecross, to recall the killing of ten Protestant workmen by the South Armagh Republican Action Force (SARAF) in January 1976 in the Kingsmill massacre. He also names individuals whom he accuses of responsibility for the massacre. He later announces that the march is postponed “at the request of the Kingsmills families.” A 2011 report by the Historical Enquiries Team finds that members of the Provisional IRA carried out the attack despite the organisation being on ceasefire.

A delegation including Frazer, UUP politician Danny Kennedy and relatives of the Kingsmill families travel to Dublin in September 2012 to seek an apology from the Taoiseach, Enda Kenny. The apology is sought for what they describe as the Irish government‘s “blatant inaction” over the Kingmills killings. The Taoiseach says he cannot apologise for the actions of the IRA but assures the families there is no hierarchy for victims and their concerns are just as important as any other victims’ families. The families express disappointment although Frazer states he is pleased to have met the Taoiseach.

On November 16, 2012, Frazer announces that he is stepping down as director of FAIR, after he had reviewed a copy of the SEUPB audit report which, he claims, shows no grounds for demanding the reimbursement of funding. He adds, “I will still be working in the victims sector.”

In 2019, the BBC investigative journalism programme Spotlight reports that Frazer distributed assault rifles and rocket launchers from Ulster Resistance to loyalist terror groups who used them in more than 70 murders. A police report on the activities of the former Ulster Defence Association (UDA) boss Johnny Adair states he was receiving weapons from Ulster Resistance in the early 1990s and his contact in Ulster Resistance was Frazer.

In addition to his advocacy for Protestant victims, Frazer contests several elections in County Armagh. He is not elected and, on most occasions, loses his deposit. He runs as an Ulster Independence Movement candidate in the 1996 Forum Elections and the 1998 Assembly elections, and as an independent in the 2003 Assembly elections and a council by-election.

Frazer’s best electoral showing is 1,427 votes (25.9%) in a Newry and Mourne District Council by-election in August 2006, when he has the backing of the local UUP and Democratic Unionist Party (DUP).

In the 2010 United Kingdom general election, Frazer contests the Newry and Armagh Parliamentary constituency as an independent candidate. He received 656 votes (1.5%). The seat is retained by Sinn Féin’s Conor Murphy who received 18,857 votes.

In the 2011 Northern Ireland Assembly election Frazer is listed as a subscriber for the Traditional Unionist Voice (TUV) candidate for the Newry and Armagh constituency, Barrie Halliday, who secures 1.8% of the vote. At Newry Crown Court on Wednesday, June 21, 2017, Pastor Barrie Gordon Halliday is sentenced to nine months in prison, suspended for eighteen months, when he pleads guilty to seventeen counts of VAT repayment fraud.

In November 2012, Frazer announces his intention to contest the 2013 Mid Ulster by-election necessitated by Martin McGuinness’s decision to resign the parliamentary seat to concentrate on his Assembly role. He is quoted in The Irish News in January 2013 as stating that he will not condemn any paramilitary gunman who shoots McGuinness.

Despite his earlier advocacy of Ulster nationalism, in 2013 Frazer declares himself in favour of re-establishing direct rule in Northern Ireland.

On April 24, 2013, Frazer and others, including former British National Party (BNP) fundraiser Jim Dowson and David Nicholl, a former member of the paramilitary-linked Ulster Democratic Party (UDP), announce the launch of a new political party called the Protestant Coalition.

Frazer dies of cancer in Craigavon, County Armagh, Northern Ireland, on June 28, 2019. Traditional Unionist Voice (TUV) leader Jim Allister and DUP Assembly member Jim Wells pay tribute to his memory.


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28th Amendment of the Constitution Bill 2008 Rejected by Irish Voters

The Twenty-eighth Amendment of the Constitution Bill 2008, a proposed amendment to the Constitution of Ireland, is rejected by voters on June 12, 2008, by a margin of 53.4% to 46.6%, with a turnout of 53.1%. The purpose of the proposed amendment is to allow the state to ratify the Treaty of Lisbon of the European Union.

The treaty had been intended to enter into force on January 1, 2009, but has to be delayed following the Irish rejection. However, the Lisbon treaty is approved by Irish voters when the Twenty-eighth Amendment of the Constitution of Ireland is approved in the second Lisbon referendum, held in October 2009.

The Treaty of Lisbon is signed by the member states of the European Union on December 13, 2007. It is in large part a revision of the text of the Treaty establishing a Constitution for Europe (TCE) after its rejection in referendums in France in May 2005 and in the Netherlands in June 2005. The Treaty of Lisbon preserves most of the content of the Constitution, especially the new rules on the functioning of the European Institutions but gives up any symbolic or terminologic reference to a constitution.

Because of the decision of the Supreme Court of Ireland in Crotty v. An Taoiseach (1987), an amendment to the Constitution is required before it can be ratified by Ireland. Ireland is the only one of the then fifteen EU member states to put the Treaty to the people in a referendum. Ratification of the Treaty in all other member states is decided upon by national parliaments alone.

On February 26, 2008, the Government of Ireland approves the text of the changes to the constitution. The Twenty-eighth Amendment of the Constitution Bill is proposed in Dáil Éireann by Minister for Foreign Affairs Dermot Ahern on April 2, 2008. It passes final stages in the Dáil on April 29, with Sinn Féin TDs and Independent TD Tony Gregory rising against, but with insufficient numbers to call a vote. It passes final stages in the Seanad on May 7.

A Referendum Commission is established by Minister for the Environment, Heritage and Local Government John Gormley. It is chaired by former High Court judge Iarfhlaith O’Neill. Its role is to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text of the proposal in the amendment bill.

The government parties of Fianna Fáil and the Progressive Democrats are in favour of the treaty, but the other government party, the Green Party, is divided on the issue. At a special convention on January 19, 2008, the leadership of the Green Party fails to secure a two-thirds majority required to make support for the referendum official party policy. As a result, the Green Party itself does not participate in the referendum debate, although individual members are free to be involved in whatever side they chose. All Green Party members of the Oireachtas support the Treaty. The main opposition parties of Fine Gael and the Labour Party are also in favour. Only one party represented in the Oireachtas, Sinn Féin, is opposed to the treaty, while minor parties opposed to it include the Socialist Party, the Workers’ Party and the Socialist Workers Party. Independent TD’s Tony Gregory and Finian McGrath, Independent MEP Kathy Sinnott, and Independent members of the Seanad from the universities David Norris, Shane Ross and Rónán Mullen advocate a “No” vote as well.

The Government sends bilingual booklets written in English and Irish, explaining the Treaty, to all 2.5 million Irish households. However, compendiums of the two previous treaties, of which the Lisbon Treaty is intended to be a series of reforms and amendments, remain unavailable in Ireland. Some commentators argue that the treaty remains essentially incomprehensible in the absence of such a compendium.

On March 12, 2008, the Libertas Institute, a lobby group started by businessman Declan Ganley, launches a campaign called Facts, not politics which advocates a “No” vote in the referendum. A month later, the German Chancellor, Angela Merkel, appeals to Irish people to vote “Yes” in the referendum while on a visit to Ireland. The anti-Lisbon Treaty campaign group accuses the government and Fine Gael of a U-turn on their previous policy of discouraging foreign leaders from visiting Ireland during the referendum campaign. The European Commissioner for Internal Market Charlie McCreevy admits he had not read the Treaty from cover to cover and says, “he would not expect any sane person to do so.”

At the start of May, the Irish Alliance for Europe launches its campaign for a “Yes” vote in the referendum this consists of trade unionists, business people, academics and politicians. Its members include Garret FitzGerald, Ruairi Quinn, Pat Cox and Michael O’Kennedy. The Taoiseach Brian Cowen states that should any member of the Fianna Fáil parliamentary party campaign against the treaty, they will likely be expelled from the party.

On May 21, 2008, the executive council of the Irish Congress of Trade Unions votes to support a “Yes” vote in the referendum. Rank and file members of the individual unions are not balloted, and the Technical, Engineering and Electrical Union (TEEU) advises its 45,000 members to vote “No.” The Irish bishops conference states the Catholic Church‘s declaration that the treaty will not weaken Ireland’s constitutional ban on abortion, however the conference does not advocate either a “Yes” or “No” vote. By the start of June, Fianna Fáil, Fine Gael and the Labour Party have united in their push for a “Yes” vote despite earlier divisions. The two largest farming organisations, the Irish Creamery Milk Suppliers Association (ICMSA) and the Irish Farmers’ Association call for a “Yes” vote, the latter giving its support after assurances from Taoiseach Brian Cowen that Ireland will use its veto in Europe if a deal on World Trade reform is unacceptable.

There were 3,051,278 voters on the electoral register. The vast majority of voting takes place on Thursday, June 12, between 7:00 a.m. and 10:00 p.m. Counting begins at 9:00 a.m. the following morning. Several groups vote before the standard polling day, with some casting postal votes before June 9. These include members of the Irish Defence Forces serving in United Nations peacekeeping missions, Irish diplomats and their spouses abroad, members of the Garda Síochána, those unable to vote in person due to physical illness or disability, those who are unable to vote in person due to their employment (including students) and prisoners.

On June 9, several islands off the coast of County Donegal vote: Tory Island, Inishfree, Gola, Inishbofin and Arranmore. These islands are all part of the Donegal South-West constituency. Around 37% of the 745 eligible votes. Two days later, several islands off the coast of counties Galway and Mayo vote: the Aran Islands (Inis Mór, Inis Meáin and Inis Oírr) and Inishboffin form part of Galway West constituency, while Inishturk, Inishbiggle and Clare Island form part of the Mayo constituency. The Galway islands have 1,169 eligible voters, while the Mayo islands have 197.

Votes are counted separately in each Dáil constituency. The overall verdict is formally announced by the Referendum Returning officer in Dublin Castle by accumulating the constituency totals.

(Pictured: Campaign posters in St. Stephen’s Green, Dublin)


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The Second Warrington Bombing Attack

The second of two bombing attacks in early 1993 in Warrington, Cheshire, England, takes place on March 20, 1993. The first attack takes place on February 26, when a bomb explodes at a gas storage facility. This explosion causes extensive damage, but no injuries. In the March 20 attack, two smaller bombs explode in litter bins outside shops and businesses on Bridge Street. Two children are killed and 56 people are injured.

The attacks are carried out by the Provisional Irish Republican Army (IRA). From the early 1970s, the IRA had been carrying out attacks in both Northern Ireland and England with the stated goal of putting pressure on the UK Government to withdraw from Northern Ireland. The IRA is designated a terrorist organisation in the United Kingdom.

Shortly before midday on Saturday, March 20, 1993, the Samaritans in Liverpool receive a bomb warning by telephone. According to police, the caller says only that a bomb has been planted outside a Boots shop. Merseyside Police send officers to branches of Boots in Liverpool and warn the Cheshire Constabulary, who patrols nearby Warrington. About 30 minutes later, at about 12:25 p.m., two bombs explode on Bridge Street in Warrington, about 100 yards apart. The blasts happen within a minute of each other. One explodes outside Boots and McDonald’s, and the other outside the Argos catalogue store. The area is crowded with shoppers. Witnesses say that shoppers flee from the first explosion into the path of the second. It is later found that the bombs had been placed inside cast iron litter bins, causing large amounts of shrapnel. Buses are organised to ferry people away from the scene and twenty paramedics and crews from seventeen ambulances are sent to deal with the aftermath.

Three-year-old Johnathan Ball dies at the scene. He had been in town with his babysitter, shopping for a Mother’s Day card. The second victim, 12-year-old Tim Parry, is gravely wounded. He dies on March 25, 1993, when his life support machine is switched off, after tests find only minimal brain activity. Another 54 people are injured, four of them seriously. One of the survivors, 32-year-old Bronwen Vickers, the mother of two young daughters, has to have a leg amputated, and dies just over a year later from cancer.

The Provisional IRA issues a statement the day after the bombing, acknowledging its involvement but saying:

“Responsibility for the tragic and deeply regrettable death and injuries caused in Warrington yesterday lies squarely at the door of those in the British authorities who deliberately failed to act on precise and adequate warnings.”

A day later, an IRA spokesman says that “two precise warnings” had been given “in adequate time,” one to the Samaritans and one to Merseyside Police. He adds, “You don’t provide warnings if it is your intention to kill.” Cheshire’s assistant chief constable denies there had been a second warning and says, “Yes, a warning was given half-an-hour before, but no mention was made of Warrington. If the IRA think they can pass on their responsibility for this terrible act by issuing such a nonsensical statement, they have sadly underestimated the understanding of the British public.”

The deaths of two young children ensures that the March 20 bombings receive major coverage in the media and cause widespread public anger. Shortly after the bombings, a group called “Peace ’93” is set up in Dublin. The main organiser is Susan McHugh, a Dublin housewife and mother. On March 25, 1993, thousands hold a peace rally in Dublin. They sign a condolence book outside the General Post Office and lay bouquets and wreaths, with messages of sorrow and apology, to be taken to Warrington for the boys’ funerals. Some criticise Peace ’93 for focusing only on IRA violence and for not responding to the deaths of children in Northern Ireland.

On April 1, 1993, the Irish Government announces measures designed to make extradition easier from the Republic of Ireland to the United Kingdom.

On September 19, 1994, Irish rock band The Cranberries release the song “Zombie,” which is written in protest of the bombings. The song goes on to become their biggest hit.

On November 14, 1996, the Duchess of Kent officially inaugurates a memorial called The River of Life, depicting “a symbol of hope for future generations,” in Bridge Street. It is developed in the aftermath of the bomb attack and commissioned by the Warrington Borough Council. The project, consisting of a symbolic water sculpture that features a commemorative plaque, is designed by the local primary school and Stephen Broadbent.

The parents of Tim Parry set up the Tim Parry Trust Fund to promote greater understanding between Great Britain and Ireland. The Tim Parry Johnathan Ball Foundation for Peace works jointly with the National Society for the Prevention of Cruelty to Children (NSPCC) to develop The Peace Centre, close to Warrington town centre, which opens on the seventh anniversary of the attack in 2000. Its purpose is to promote peace and understanding amongst all communities affected by conflict and violence. The centre hosts an annual peace lecture, as well as being home to the local NSPCC and is the home of Warrington Youth Club until 2022.

The bombings receive further attention in 2019 after the Brexit Party selects former Living Marxism writer Claire Fox as their lead candidate in the North West England constituency for the 2019 European Parliament election. The Revolutionary Communist Party, of which Fox is a leading member in 1993, defends the IRA’s bombing in their party newsletter. Despite the controversy, which sees another Brexit Party candidate resign from the party list in protest at the comments, Fox and the Brexit Party top the poll in several areas of the North West, including in Warrington.

The killing of Ball and Parry is still on Cheshire Police’s list of unsolved murders.

A piece on BBC North West‘s Inside Out programme in September 2013 speculates that the bombing may have been the work of a “rogue” IRA unit, which was supported by the IRA but operated independently and who used operatives who were from England to avoid suspicion. The programme also examines a possible link between the attack and British leftist political group Red Action, though nothing is ever proven.

(Pictured: Army bomb disposal at the Warrington Bomb scene in March 1993, photo credit: Walker Howard)


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The Irish Army Mutiny

The Army Mutiny is an Irish Army crisis that begins on March 7, 1924, provoked by a proposed reduction in army numbers in the immediate post-Civil War period. A second grievance concerns the handling of the Northern Boundary problem. As the prelude to a coup d’état, the decisions made by influential politicians and soldiers at the time have continuing significance for the Government of Ireland.

In the early weeks of the Irish Civil War, the National Army is comprised of 7,000 men. These come mainly from pro-Treaty Irish Republican Army (IRA) brigades, especially the Dublin Guard, whose members have personal ties to Michael Collins. They face around 15,000 anti-Treaty IRA men and Collins recruits experienced soldiers from wherever he can. The army’s size mushrooms to 55,000 men, many of whom are Irishmen with combat experience in World War I – 20,000 National Volunteers had joined the British Army on the urgings of Nationalist leader John Redmond.

Likewise, Irishmen who had served in the British forces account for over half of the 3,500 officers. W. R. E. Murphy, second-in-command (January–May 1923), had been a lieutenant colonel in the British Army, as had Emmet Dalton. Two more of the senior generals, John T. Prout and J. J. “Ginger” O’Connell, had served in the United States Army. Collins promotes fellow members of the Irish Republican Brotherhood (IRB) but is slow to put Squad members in high positions.

In December 1922, following Collins’s death, Liam Tobin forms the Irish Republican Army Organisation (IRAO), taking in Dublin Guard and other Irish Army officers who share his view that “higher command…was not sufficiently patriotic.” President of the Executive Council of the Irish Free State W. T. Cosgrave, head of the government, attempts to appease the IRAO. He meets with them several times before the 1923 Irish general election and persuades the opposing IRB faction of generals under Richard Mulcahy to keep quiet.

With the election over, Mulcahy now ignores the IRAO as he starts the process of demobilising 37,000 men. In November, sixty IRA officers mutiny and are dismissed without pay. The IRAO now pressures the Government into establishing a committee to supervise future demobilisation. The committee, consisting of Eoin MacNeill, Ernest Blythe, and IRAO sympathiser Joseph McGrath, effectively undermines the authority of the Army Council.

On March 7, 1924, a representative of the IRAO hands a demand to end demobilisation to W. T. Cosgrave. The ultimatum is signed by senior Army officers, Major-General Liam Tobin and Colonel Charles Dalton. Tobin knows his own position is to be scrapped in the demobilisation. Frank Thornton and Tom Cullen are also involved. That morning 35 men of the 36th Infantry Battalion refuse to parade, and the preceding week officers had absconded with arms from the McCan Barracks in Templemore, Gormanston Camp in County Meath, Baldonnel Aerodrome in Baldonnel, Dublin, and Roscommon. The immediate response is an order for the arrest of the two men on a charge of mutiny. This causes alarm throughout Dublin when announced.

On March 8, General Mulcahy makes an announcement to the Army:

“Two Army officers have attempted to involve the Army in a challenge to the authority of the Government. This is an outrageous departure from the spirit of the Army. It will not be tolerated…officers and men…will stand over their posts and do their duty today in this new threat of danger in the same wonderful, determined spirit that has always been the spirit of the Army.”

Leader of the Opposition, Thomas Johnson, issues a statement of support for the Government. In contrast, Minister for Industry and Commerce, Joseph McGrath, whose home Mulcahy orders to be searched, resigns because of dissatisfaction with the government’s attitude to the IRAO officers and support for their perception that the Irish Army treats former British officers better than former IRA officers. Fearing an incendiary speech by McGrath, Cosgrave first offers the IRAO an inquiry and an amnesty before then taking sick leave thus making Minister for Justice, Kevin O’Higgins, de facto head of the Government.

(Pictured: Major General Liam Tobin, a leading figure in the Army Mutiny)


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Government Imposes Temporary Ban on Livestock Marts

On Monday, February 26, 2001, the Irish Government imposes a temporary ban on the country’s 120 livestock marts as the devastating foot-and-mouth disease spreads and threatens to become an epidemic in Great Britain. Strict procedures are also implemented in airports around Ireland to keep the disease out of the country. All marts along the border counties have been suspended since the previous Friday, February 23.

Joe Walsh, the Minister for Agriculture and Food, announces the emergency measure on Sunday night. The total suspension comes into force immediately and is intended to dramatically reduce the number of livestock movements. The ban is to remain in place for at least a fortnight.

In a related move, Central Statistics Office staff undertaking survey work are instructed not to enter farm premises until further notice.

The Government orders emergency staff to ports and airports on Sunday as the foot-and-mouth outbreak nears epidemic proportions in Britain and Continental countries begin the wholesale slaughter of thousands of animals imported from the United Kingdom.

In an atmosphere of mounting alarm, the Irish Farmers’ Association demands a ban on movement of all animals including racehorses to Britain and for the thorough disinfection of “every foot and tyre” entering Ireland from the UK. Horses and horseboxes arriving at British racecourses are already being disinfected and Sunday’s meeting at Newcastle is abandoned because of its proximity to one of the affected areas. Additional measures are expected to be announced.

Irish rugby fans are asked not to travel to Cardiff on Saturday, March 3, to minimise the risk of spreading the disease, and it seems likely the Government will urge punters to stay away from the Cheltenham Festival if, indeed, the festival goes ahead as scheduled. The Jockey Club says it will follow the Government’s request, but the decision angers the British government, which may order the meeting to be cancelled.

Five new cases of the disease are confirmed in Britain on Sunday, bringing the total to 12 confirmed cases with two suspected outbreaks. The suspected outbreak of most concern to Ireland is at Welsh Country Foods, an abattoir on Anglesey. It remains cordoned off.

British Ministry of Agriculture officials continue tests on the suspect sheep found at the plant over the weekend. Final results of the tests are not available until Monday morning.

A 10-mile exclusion zone is ordered around the Gaerwen plant, which is located adjacent to the Menai Suspension Bridge. However, both exporters and the Farmers’ Union of Wales believe the foot-and-mouth virus is, in fact, present in the plant, which is located less than 15 miles from Holyhead.

British veterinarians are alarmed at the increase in new cases. An epidemic is to be declared if the number of new cases reaches more than 30 per day.

(From: “All marts closed in threat of epidemic” by Ralph Riegel, Irish Independent, http://www.independent.ie, February 26, 2001)


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Birth of Hugh Logue, Economist & SDLP Politician

Hugh Anthony Logue, former Social Democratic and Labour Party (SDLP) politician and economist who now works as a commentator on political and economic issues, is born on January 23, 1949, in Derry, County Londonderry, Northern Ireland. He is also a director of two renewable energy companies in Europe and the United States. He is the father of author Antonia Logue.

Logue grows up outside the village of Claudy in County Londonderry, the eldest of nine children born to Denis Logue, a bricklayer, and Kathleen (née Devine). He gains a scholarship to St. Columb’s College which he attends from 1961 to 1967. In 1967, he commences at St. Joseph’s Teacher Training college (Queen’s University) in Belfast from which he qualifies as a teacher of Mathematics in 1970. He first comes to prominence as a member of the executive of the Northern Ireland Civil Rights Association (NICRA), the only SDLP member of the executive. He stands as a candidate in elections to the new Northern Ireland Assembly in 1973 and is elected for Londonderry, at the age of 24, the youngest candidate elected that year. With John Hume and Ivan Cooper, he is arrested by the British Army during a peaceful demonstration in Londonderry in August 1971. Their conviction is ultimately overturned by the Law Lords R. (Hume) v Londonderry Justices (972, N.I.91) requiring the then British Government to introduce retrospective legislation to render legal previous British Army actions in Northern Ireland.

The Northern Ireland State Papers of 1980 show that together with John Hume and Austin Currie, Logue plays a key role in presenting the SDLP’S ‘Three Strands’ approach to the Thatcher Government’s Secretary of State for Northern Ireland Humphrey Atkins in April 1980. The “Three Strands” approach eventually becomes the basis for the Good Friday Agreement. The Irish State papers from 1980 reveal that he is a confidante of the Irish Government of that time, briefing it regularly on the SDLP’s outlook.

Logue is also known for his controversial comments at Trinity College Dublin at the time of the power sharing Sunningdale Agreement, which many blame for helping to contribute to the Agreement’s defeat, to wit, that: [Sunningdale was] “the vehicle that would trundle Unionists into a united Ireland.” The next line of the controversial speech says, “the speed the vehicle moved at was dependent on the Unionist community.” In an article in The Irish Times in 1997 he claims that this implies that unity is always based on consent and acknowledged by Unionist Spokesman John Laird in the NI Assembly in 1973.

Logue unsuccessfully contests the Londonderry seat in the February 1974 and 1979 Westminster Elections. He is elected to the 1975 Northern Ireland Constitutional Convention and the 1982 Northern Ireland Assembly. He is a member of the New Ireland Forum in 1983. In the 1980s he is a member of the Irish Commission for Justice and Peace and plays a prominent part in its efforts to resolve the 1981 Irish hunger strike. His role is credited in Ten Men Dead: The Story of the 1981 Irish Hunger Strike by David Beresford, Biting the Grave by P. O’Malley and, more recently, in Blanketmen: An Untold Story of the H-block Hunger Strike (New Island Books, 2016) and Afterlives: The Hunger Strike and the Secret Offer that Changed Irish History (Lilliput Press, 2011) by former Provisional Irish Republican Army volunteer Richard O’Rawe. Following the New Ireland Forum in 1984 and John Hume’s decision to represent the redrawn Londonderry constituency as Foyle and a safe seat, Logue leaves the Dublin-based, National Board for Science and Technology and joins the European Commission in 1984 in Brussels.

Following the 1994 Irish Republican Army (IRA) ceasefire, Logue, along with two EU colleagues, is asked by EU President Jacques Delors to consult widely throughout Northern Ireland and the Border regions and prepare recommendations for a Peace and Reconciliation Fund to underpin the peace process. Their community-based approach becomes the blueprint for the Peace Programme. In 1997, then EU President Jacques Santer asks the team, led by Logue, to return to review the programme and advise for a renewed Peace II programme. Papers published by National University Galway in 2016 from Logue’s archives indicate that he is the originator of the Peace Fund concept within the European Commission.

At the European Commission from 1984 to 1998, Logue creates Science and Technology for Regional Innovation and Development in Europe (STRIDE). In 1992, he is joint author with Giovanni de Gaetano, of RTD potential in the Mezzogiorno of Italy: the role of science parks in a European perspective and, with A. Zabaniotou and University of Thessaloniki, Structural Support For RTD.

Further publications by Logue follow: Research and Rural Regions (1996) and RTD potential in the Objective 1 regions (1997). With the fall of the Berlin Wall, his attention turns to Eastern Europe and in March 1998 publishes a set of studies Impact of the enlargement of the European Union towards central central and Eastern European countries on RTD- Innovation and Structural policies.

Logue convenes the first EU seminar on “Women in Science” in 1993 and jointly publishes with LM Telapessy Women in Scientific and Technological Research in the European Community, highlighting the barriers to women’s advancement in the Research world.

As the former vice-chairman of the North Derry Civil Rights Association, Logue gives evidence at the Saville Inquiry into Bloody Sunday. He is special adviser to the Office of First and Deputy First Minister from 1998 to 2002 and as an official of the European Commission. In 2002–03, he is a fellow of the Institute for British – Irish Studies at University College Dublin (UCD). In July 2006, he is appointed as a board member of the Irish Peace Institute, based at the University of Limerick and in 2009 is appointed Vice Chairman. He is a Life Member of the Institute of International and European Affairs.

On December 17, 2007, Logue is appointed as a director to InterTradeIreland (ITI), the North-South Body established under the Good Friday Agreement to promote economic development in Ireland. There he chairs the ITI’s Fusion programme, bringing north–south industrial development in Innovation and Research. Integrating Ireland economically is a theme of his writing throughout his career, most recently in The Irish Times and in earlier publications as economic spokesman for the SDLP. He is economist at the Dublin-based National Board for Science and Technology from 1981 to 1984.

Logue, after leaving the European Commission in 2005, becomes involved in Renewable Energy and is chairman of Priority Resources as well as a director of two companies, one in solar energy, the other in wind energy. In November 2011, he is elected to the main board of European Association of Energy (EAE).

In November 2023, Logue is awarded an honorary doctorate by the University of Galway in recognition of “a lifetime dedicated to civil rights, human rights, equality and peace in Northern Ireland, Ireland and Europe.” He donates an archive of material, more than 20 boxes of manuscripts, documents, photographs and political ephemera, on the development of the SDLP from the early 1970s to the University of Galway.