seamus dubhghaill

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


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De Valera’s 1937 Constitution

Éamon de Valera’s new constitution, with its assertions of Ireland as a sovereign 32-county state, and its definition of Catholic morality and “women’s place” is approved on January 14, 1937.

De Valera’s 1937 constitution (Bunreacht na hÉireann) evokes a passionate rebuke of the articles defining the role and rights of women. The aspirations of 1916 had been eroded to the extent that the rights of half of the State’s citizens were reduced and effectively became second-class citizens. In 1936, while formulating the new constitution, Éamon de Valera establishes a civil service committee to assist him. They are all men. He also takes extensive advice from the president of the Supreme Court and the High Court. Both again are men. Archbishop of Dublin, John Charles McQuaid, also heavily influences the final text. There are only three women TDs at the time and none of them say a word in the Dáil debates on the draft.

Women are told that marriage should be their highest aspiration, child rearing their only creative outlet, and that economic dependence their civic duty. That in its turn produces levels of misogyny, emotional sterility and civic immaturity.

Article 41.2.1 becomes famous as ‘a woman’s place is in the home’ statement: “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.”

Many women protest in public and in private during the drafting of de Valera’s constitution. The Irish Women Workers Union, many of whose members had been involved in the 1916 Easter Rising, express outrage. A letter from the secretary to de Valera, quoting the clauses which refer to the position of women says, “it would hardly be possible to make a more deadly encroachment upon the liberty of the individual.” The constitution is accepted and a combination of revisionism and isolationism in the years that follow leave the majority of Ireland’s citizens ignorant of the legacy woman had been denied.

The fundamental principle of the 1916 proclamation, which guaranteed religious and civil liberty, equal rights and equal opportunities to all citizens, echoed by the 1922 Constitution of the Irish Free State, guaranteeing those rights to every person “without distinction of sex,” had been changed.

As commander of the Boland’s Mill outpost in 1916, de Valera had been the only leader to refuse women’s participation in the Rising. As with many of the woman who fought in the Rising, in the same streets where Elizabeth O’Farrell walked through gunfire, now with Article 41 of the Constitution, de Valera closes the door on women’s progress in a more definitive way.


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Birth of Justice Catherine McGuinness

Catherine McGuinness (née Ellis), retired Irish judge, is born in Belfast, Northern Ireland on November 14, 1934. She serves as a Judge of the Supreme Court of Ireland from 2000 to 2006, a Judge of the High Court from 1996 to 2000, a Judge of the Circuit Court from 1994 to 1996 and a Senator for the University of Dublin from 1979 to 1981 and between 1983 and 1987. She is appointed by President Michael D. Higgins to the Council of State from 1988 to 1990 and 2012 to 2019.

McGuinness is President of the Law Reform Commission from 2007 to 2009. In May 2013, she is appointed Chair of the National University of Ireland Galway Governing Authority.

McGuinness is educated in Alexandra College, Trinity College Dublin and the King’s Inns. In the 1960s she works for the Labour Party. She is called to the Irish Bar in 1977 at age 42. In 1989, she is called to the Inner Bar.

In 1979, McGuinness is elected as an independent candidate to Seanad Éireann at a by-election on December 11, 1979 as a Senator for the University of Dublin constituency, following the resignation of Senator Conor Cruise O’Brien, taking her seat in the 14th Seanad. She is re-elected at the 1981 elections to the 15th Seanad, and in 1983 to the 17th Seanad, where she serves until 1987, losing her seat to David Norris. She is appointed to the Council of State on May 2, 1988 by President Patrick Hillery and serves until 1990.

McGuinness is appointed a judge of the Circuit Court in 1994, the first woman to hold that office in Ireland. In 1996, she is appointed to the High Court and remains there until her appointment to the Supreme Court in January 2000.

In November 2005, McGuinness is appointed Adjunct Professor at the Faculty of Law, National University of Ireland, Galway. She is also appointed President of the Law Reform Commission in 2005, and holds that position until 2011.

In April 2009, McGuinness is awarded a “Lord Mayor’s Award” by Lord Mayor of Dublin Eibhlin Byrne “for her contribution to the lives of children and families in the city through her pioneering work.” In September 2010, she is named as one of the “People of the Year” for “her pioneering, courageous and long-standing service to Irish society.” In November 2012, she wins the Irish Tatler Hall of Fame Award.

In addition to her judicial career, McGuinness serves on the Employment Equality Agency, Kilkenny Incest Investigation, the Forum for Peace and Reconciliation, the National Council of the Forum on End of Life in Ireland and the Irish Universities Quality Board. In June 2011, she becomes patron of the Irish Refugee Council. In November 2011, she is appointed Chairperson of the “Campaign for Children.”

McGuinness has received honorary doctorates from the University of Ulster, the National University of Ireland, the University of Dublin, the Higher Education and Training Awards Council (HETAC) and the Royal College of Surgeons in Ireland. In February 2013, she accepts the Honorary Presidency of Trinity College, Dublin’s Free Legal Advice Centre.

In January 2014, McGuinness is appointed by Minister for Communications, Energy and Natural Resources, Pat Rabbitte, to chair the expert panel to oversee the preparation of reports on the best underground route options to compare with the Grid Link and Grid West high voltage power lines in Ireland. In March 2015, McGuinness receives an Alumni Award from Trinity College Dublin.

McGuinness is married to broadcaster and writer Proinsias Mac Aonghusa from 1954 until his death in 2003 and has three children. She resides in Blackrock, Dublin.


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Geraldine Kennedy Appointed Editor of The Irish Times

Geraldine Kennedy, Irish journalist and politician, is appointed editor of The Irish Times on October 11, 2002, becoming the first female editor of a national daily newspaper.

Kennedy is born on September 1, 1951 in Tramore, County Waterford. She studies at Dublin Institute of Technology and begins her journalistic career with a regional newspaper, The Munster Express. She moves to The Cork Examiner after less than a year, but spends only a few years there before joining The Irish Times.

On the foundation of the Sunday Tribune in 1980, Kennedy joins it as the paper’s political correspondent. The paper’s publisher, John Mulcahy, had become familiar with her when she had contributed to his journal Hibernia. When the Tribune briefly ceases production, she moves to the Sunday Press.

In 1982, Kennedy’s telephone, along with those of two other journalists, is tapped by former Minister for Justice Seán Doherty. Early in 1987, Kennedy successfully sues the incumbent Charles Haughey-led Fianna Fáil government for illegally tapping her phone. The revelation in 1992 that Haughey had ordered the phone taps leads to his resignation as Taoiseach.

Kennedy stands in the 1987 Irish general election as a candidate for the newly formed Progressive Democrats party in Dún Laoghaire. She comes third in the poll, winning 9.4% of the first-preference vote. She is one of fourteen Progressive Democrats TDs elected to Dáil Éireann in that election — a feat the party never achieves again. She is appointed the party’s spokesperson for foreign affairs. She stands again in the 1989 Irish general election and wins 9% of the first-preference vote but fails to retain her seat.

Following her election defeat, Kennedy returns to The Irish Times, then edited by Conor Brady, whom she had worked with at the Tribune when he was the editor. She avoids party-political journalism for several years, but she returns to covering politics in the early 1990s, and becomes The Irish Times‘ political editor in 1999. She becomes the newspaper’s first female editor upon the departure of Conor Brady in October 2002. One of her rivals for the editor’s chair is the paper’s high-profile columnist, Fintan O’Toole.

Kennedy is paid more than the editor of Britain’s top non-tabloid newspaper The Daily Telegraph, which has a circulation of about nine times that of The Irish Times. Later columnist Fintan O’Toole tells the Sunday Independent, “We as a paper are not shy of preaching about corporate pay and fat cats but with this there is a sense of excess. Some of the sums mentioned are disturbing. This is not an attack on Ms. Kennedy, it is an attack on the executive level of pay. There is double-standard of seeking more job cuts while paying these vast salaries.”

In September 2006, Kennedy approves the publication of an article in The Irish Times giving confidential details of investigations being made into payments purported to have been made in 1993 to Taoiseach Bertie Ahern. She refuses, upon request of the investigating Mahon Tribunal, to provide details of the source of the printed information. She responds that the documents have since been destroyed. Her refusal causes the Tribunal to seek High Court orders compelling her to provide details of the source. On October 23, 2007, the High Court grants the orders compelling her to go before the Tribunal and answer all questions. In its judgment, the High Court, criticising her decision to destroy the documents, says it is an “astounding and flagrant disregard of the rule of law.” In 2009, however, the Supreme Court of Ireland overturns this ruling, holding that the High Court had not struck the correct balance between the journalists’ right to protect their source and the tribunal’s right to confidentiality.

Kennedy announces on March 12, 2011 her intention to retire from The Irish Times by September, after a nine-year term as editor. She actually retires in June, and is succeeded by news editor, Kevin O’Sullivan, who succeeds her as editor on June 23, 2011.

In August 2012, Kennedy is appointed Adjunct Professor of Journalism at the University of Limerick. She has been awarded five honorary doctorates from Irish universities.


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Birth of Hugh Kennedy, Politician, Barrister & Judge

File source: http://commons.wikimedia.org/wiki/File:Hugh_Kennedy.jpgHugh Edward Kennedy, Fine Gael politician, barrister and judge, is born in Abbotstown, Dublin on July 11, 1879. He serves as Attorney General of Ireland from 1922 to 1924, a Judge of the Supreme Court of Ireland from 1924 to 1936 and Chief Justice of Ireland from 1924 to 1936. He serves as a Teachta Dála (TD) for the Dublin South constituency from 1923 to 1927. As a member of the Irish Free State Constitution Commission, he is also one of the constitutional architects of the Irish Free State.

Kennedy is the son of the prominent surgeon Hugh Boyle Kennedy. His younger sister is the journalist Mary Olivia Kennedy. He studies for the examinations of the Royal University of Ireland while a student at University College Dublin and King’s Inns, Dublin. He is called to the Bar in 1902. He is appointed King’s Counsel in 1920 and becomes a Bencher of King’s Inn in 1922.

During 1920 and 1921, Kennedy is a senior legal adviser to the representatives of Dáil Éireann during the negotiations for the Anglo-Irish Treaty. He is highly regarded as a lawyer by Michael Collins, who later regrets that Kennedy had not been part of the delegation sent to London in 1921 to negotiate the terms of the treaty.

On January 31, 1922, Kennedy becomes the first Attorney General in the Provisional Government of the Irish Free State. Later that year he is appointed by the Provisional Government to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, which is established on December 6, 1922. The functions of the Provisional Government are transferred to the Executive Council of the Irish Free State. He is appointed Attorney General of the Irish Free State on December 7, 1922.

In 1923, Kennedy is appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission is chaired by James Campbell, 1st Baron Glenavy, who had also been the last Lord Chancellor of Ireland. It drafts the Courts of Justice Act 1924 for a new court system, including a High Court and a Supreme Court, and provides for the abolition, inter alia, of the Court of Appeal in Ireland and the Irish High Court of Justice. Most of the judges are not reappointed to the new courts. Kennedy personally oversees the selection of the new judges and makes impressive efforts to select them on merit alone. The results are not always happy. His diary reveals the increasingly unhappy atmosphere, in the Supreme Court itself, due to frequent clashes between Kennedy and his colleague Gerald Fitzgibbon, since the two men prove to be so different in temperament and political outlook that they find it almost impossible to work together harmoniously. In a similar vein, Kennedy’s legal opinion and choice of words could raise eyebrows amongst legal colleagues and fury in the Executive Council e.g. regarding the Kenmare incident.

Kennedy is also a delegate of the Irish Free State to the Fourth Assembly of the League of Nations between September 3-29, 1923.

Kennedy is elected to Dáil Éireann on October 27, 1923, as a Cumann na nGaedheal TD at a by-election in the Dublin South constituency. He is the first person to be elected in a by-election to Dáil Éireann. He resigns his seat when he is appointed Chief Justice of Ireland in 1924.

On June 5, 1924, Kennedy is appointed Chief Justice of Ireland, thereby becoming the first Chief Justice of the Irish Free State. He is also the youngest person appointed Chief Justice of Ireland. When he is appointed he is 44 years old. Although the High Court of Justice and the Court of Appeal had been abolished and replaced by the High Court and the Supreme Court respectively, one of his first acts is to issue a practice note that the wearing of wigs and robes will continue in the new courts. This practice is still continued in trials and appeals in the High Court and the Supreme Court (except in certain matters). He holds the position of Chief Justice until his death on December 1, 1936 in Goatstown, Dublin.

In September 2015, a biography by Senator Patrick Kennedy (no relation) is written about Kennedy called Hugh Kennedy: The Great But Neglected Chief Justice.


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Fidelma Macken Nominated for European Court of Justice

fidelma-mackenFidelma Macken is nominated for the European Court of Justice on July 14, 1999, the first time a woman judge from any member country has reached such a high rank. She serves as a Judge of the Supreme Court of Ireland, the High Court and the European Court of Justice.

Macken (née O’Kelly) is born in Dublin on February 28, 1942. She is educated at King’s Inns and Trinity College Dublin. She becomes a barrister in 1972, practices as legal adviser, Patents and Trade Marks Agents (1973–1979) and becomes a Senior Counsel in 1995.

As a lawyer, Macken specialises in medical defense work and pharmaceutical actions. She acts as defense counsel in a series of cases brought by children against whooping cough vaccine manufacturers for damage allegedly caused by the vaccine. The Supreme Court nominates her to act in three referrals by the President of Ireland querying the constitutionality of new legislation before she becomes a judge.

Macken succeeds John L. Murray as Ireland’s appointee on the European Court of Justice (ECJ) from October 5, 1999 to September 22, 2004. Appointed initially for a five-year term, she is the first female appointee to the European Court of Justice but has her mandate renewed in 2003. She is reappointed a Judge of the High Court on October 18, 2004 on her return to Ireland. She serves as a Judge of the Supreme Court from 2005 to 2012.

Macken has been a lecturer in Legal Systems and Methods and Averil Deverell Lecturer in Law at Trinity College Dublin.


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Charles Haughey Acquitted of Conspiring in the Arms Crisis

Charles Haughey, former Minister for Finance, and three others including former Minister for Agriculture Neil Blaney, are acquitted on October 23, 1970, of charges that they had conspired to illegally import arms and ammunition into Ireland for the Irish Republican Army (IRA), an incident known as the Arms Crisis.

The Garda Special Branch informs the Minister for Justice Micheál Ó Móráin and Taoiseach Jack Lynch that a plot to import arms exists and includes government members, however Lynch takes no action until the Special Branch makes opposition leader Liam Cosgrave aware of the plot. Cosgrave tells Lynch he is aware of the plot and will announce it in the Dáil the next day if he does not act. Lynch subsequently requests that Haughey and Blaney resign from the Cabinet. Both men refuse, saying they had done nothing illegal. Lynch then asks President Éamon de Valera to terminate their appointments as members of the government, a request that de Valera is required to grant by convention. Haughey and Blaney are subsequently tried in court along with Captain James Kelly, a former intelligence captain in the Irish Army, and Albert Luykx, a former Flemish Nationalist and businessman, who allegedly used his contacts to buy the arms.

The verdict, reached by jury after two hours and 10 minutes of deliberation, leads to political repercussions for the Government of Taoiseach Jack Lynch. Lynch had dismissed the Haughey from his Cabinet post the previous May on the allegation of illegal gun‐running.

Witnesses declare during the 14‐day trial that the arms, imported from the Continental Europe, were ultimately destined for the Roman Catholic minority in Northern Ireland. However, the defense contends that the arms had been brought in with the knowledge and approval of the current Minister for Agriculture, Jim Gibbons, who was serving as Minister for Defence at the time.

The jury rules that the prosecution had failed to prove its case.  Haughey is carried from the High Court after the acquittal, as are the three other defendants.

Although cleared of wrongdoing, it appears as if Haughey’s political career is finished. Blaney eventually resigns from Fianna Fáil but Haughey remains. He spends his years on the backbenches building support within the grassroots of the party. During this time he remains loyal to the party and serves the leader but after the debacle of the Arms Crisis neither man trusts the other.

(Pictured: Charles Haughey with Neil Blaney at the 1970 at the Arms Trial)