Following his exit from politics in 1957, having lost his Dáil seat, Finlay resumes practicing as a barrister. He successfully defends Captain James Kelly in the infamous 1970 arms trial.
In 1971, Finlay is tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill treatment of detainees by security forces in Northern Ireland, they charge the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission rules the complaint admissible.
During this period Finlay presides over a number of landmark cases, including Attorney General v X in 1992, when he overturns a High Court injunction preventing a pregnant teenage rape victim travelling to the UK for an abortion.
When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, seeks disclosure of the cabinet’s minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court deny the request ruling that the concept of collective government responsibility in the Constitution takes precedence.
Finlay announces his resignation as Chief Justice of Ireland and retirement as a judge in 1994.
After his retirement, Finlay presides over a number of public inquiries.
In 1996, Finlay oversees the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road. His report to Bernard Allen, Minister for Sport, is critical of security arrangements on the night and recommends improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shares his report with the British Home Office.
After the collapse of The Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton, receives a damming report from the Competition Authority that Independent Newspapers has abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in The Irish Press. In September 1995, Bruton announces the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland. Minister Bruton appoints 21 people to the commission and appoints Finlay chair. Due to the wide remit and huge number of submissions, the commission’s report is delayed but is eventually published at the end of July recommending widespread reforms.
Following the discovery of the BTSB anti-D scandal, in 1996, Finlay is appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board. The speed and efficiency with which his BTSB Tribunal conducts its business, restores confidence in the Tribunal as a mechanism of resolving great controversies in the public interest.
Finlay also sits on an Irish Rugby Football Union (IRFU) panel to adjudicate on the cases of Rugby players accused of using banned performance-enhancing substances.
Finlay is married to Alice Blayney, who predeceases him in 2012. They have five children, two of whom follow in his family’s legal tradition: his son John being a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allows, he escapes to County Mayo where he indulges his passion for fishing.
Thomas Finlay dies at the age of 95 in Irishtown, Dublin, on December 3, 2017.
Hogan is called to the Bar in July 1984 and becomes a Senior Counsel in 1997. He appears domestically in cases in the High Court and the Supreme Court and internationally at the European Court of Human Rights and the European Court of Justice.
Hogan is noted in particular for his experience in constitutional law. He acts for the Attorney General of Ireland in references made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997. He appears again for the Attorney General (with Dermot Gleeson and Paul Gallagher) in another reference made by President Mary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.
Hogan is a law lecturer and fellow at Trinity College Dublin from 1982 to 2007. He lectures on constitutional law, competition law and the law of tort. He is regarded as “one of the foremost constitutional and administrative lawyers in Ireland.” He is the co-author of Administrative Law in Ireland and JM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively. He also writes a text on political violence and a book chronicling the origins of the Constitution of Ireland.
Hogan appears for Katherine Zappone and Ann Louise Gilligan in Zappone v. Revenue Commissioners in the High Court and Miss D in her case related to the rights to travel abroad for an abortion. He represents the State in the High Court and the Supreme Court in litigation that emerges following a court finding that an offence of unlawful carnal knowledge is unconstitutional. In 2008, he acts for Colm Murphy and Seamus Daly in the Supreme Court who are contesting an action taken by families of victims of the Omagh bombing when they are refused access to books of evidence.
Hogan is the first barrister to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.
Throughout his career, Hogan has been a member of committees and boards in areas requiring legal expertise. He chairs the Department of Justice‘s Balance in Criminal Law Review Group and is a member of three other review groups: the Constitution Review Group, the Competition and Mergers Review Group and the Offences Against the State Acts Review Group. He is also a member of the Competition Authority‘s Advisory Panel and the Committee on Court Practice and Procedure.
Hogan is appointed a Judge of the High Court in 2010. Soon after his appointment, he holds an emergency hearing in his home regarding a blood transfusion for a sick baby. He is one of three judges who hears a case taken by Marie Fleming, seeking a right to die in 2012. His reference to the European Court of Justice in 2014 regarding the International Safe Harbor Privacy Principles, results in a declaration by the Grand Chamber that the Safe Harbour Decision is invalid. He subsequently becomes a Judge of the Court of Appeal upon its establishment in October 2014.
In May 2018, Hogan is nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice. His term begins in October 2018 and was scheduled to expire in October 2024. Anthony Collins is appointed in 2021 to complete his term following his appointment to the Supreme Court. He concludes his term on October 7, 2021.
In one of his first opinions, on a reference from the French Conseil d’État, Hogan finds that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of October 25, 2011, requires that products originating from Israeli-occupied territories should indicate if these products come from such a territory. His opinion is followed by the Court of Justice.
In April 2021, the Irish government nominates Hogan to the Supreme Court of Ireland. He is appointed in October 2021.
Doheny receives a rudimentary education from an itinerant scholar while labouring on his father’s holding, and in 1826 attends Maher’s classical academy near Emly for nine months. Educating himself in the late 1820s and early 1830s while teaching the children of local farmers, he determines on a career in law to help secure political redress for the disenfranchised poor. He is admitted to Gray’s Inn in November 1834, enters the King’s Inns, Dublin, in 1835 and is called to the Irish bar in 1838. Settling later that year in Cashel, County Tipperary, he first practises in the local courts and then on the southern circuit. Appointed legal assessor to the borough of Cashel under the Municipal Corporations (Ireland) Act 1840, he successfully prosecutes former borough officers for misappropriation of funds and fraudulent transfer of property, winning wider attention. He had supported the campaign for repeal in the early 1830s, and in 1841 joins Daniel O’Connell‘s Repeal Association, becoming active in forming temperance bands and setting up town meetings. By May 1841 he is on the association’s general committee. O’Connell finds him less tractable than most and is ruffled by his queries into the association’s financial management.
During 1842 Doheny begins to associate with the more militant members of the repeal movement such as Thomas Davis. There is a marked gap in age and class between Doheny and most of this group and some look down on his lack of refinement. Others, however, admire his zeal and sincerity, and an anonymous colleague describes him as “rough, generous, bold, a son of the soil, slovenly in dress, red-haired and red-featured, but a true personification of the hopes, passions, and traditions of the people.” Assisting in the launch of The Nation in October 1842, he is chagrined to find most of his articles rejected as unfit for publication, although fifteen are published between January 1843 and September 1844. He also publishes a competent History of the American Revolution (1846) for The Nation‘s “Library of Ireland” series. More impressive as a speaker than a writer, he contributes regularly to repeal meetings at Conciliation Hall, Burgh Quay, Dublin. He enthuses at the apparent martial potential of the immense, ordered crowds attending the “monster” repeal meetings of 1843, and is one of the main organisers of the Cashel meeting of May 31, 1843, at which he is loudly cheered. However, his later claim to have deliberately set up these meetings, with Davis and John Blake Dillon, on quasi-military lines in order to prepare the peasantry for a future war with Britain, is far-fetched. His opposition to O’Connell’s decision to submit to proclamation of the proposed meeting of October 8, 1843, at Clontarf again greatly irritates O’Connell.
An active member of the Repeal Association parliamentary committee from February 1844, in February and March 1845 Doheny chairs a sub-committee of five senior barristers investigating the legality of withdrawal from the House of Commons by the body of repeal MPs, coming “reluctantly” to the verdict that such an action is open to criminal prosecution. O’Connell’s gruff dismissal of his report testifies to their awkward relationship. He further vexes O’Connell by his advocacy of non-denominational university education during debates over the Maynooth College Act 1845. Irrevocable divisions between the Young Irelanders and O’Connell open up between April and July 1846 when Doheny leads calls for endorsement of the conduct of William Smith O’Brien – imprisoned for a month for refusal to serve on a parliamentary committee – and voices Young Ireland’s martial convictions in a speech at Liverpool. After the secession of the Young Irelanders from the Repeal Association in July 1846, he opposes attempts at reconciliation and is one of the founders of the Irish Confederation on January 13, 1847.
During the summer of 1847, Doheny begins setting up “Confederate Clubs” in east Tipperary and aids James Fintan Lalor in organising a failed tenant league meeting at Holycross, County Tipperary, on September 19. He is one of the few Young Irelanders attracted to Lalor’s revolutionary agrarian philosophy, but supports Smith O’Brien against John Mitchel in January 1848, deploring irresponsible demands for insurrection. However, after Mitchel’s conviction for treason felony in May, he supports armed action. Arrested for seditious speechmaking at Cashel on July 12, he is bailed on July 20. During the confused period of “rebellion” in late July, he attempts to organise the peasantry in Tipperary but is frustrated by O’Brien’s vacillation.
After the collapse of the armed adventure at Ballingarry on July 31, Doheny takes refuge near Slievenamon and, with James Stephens, eludes pursuit for nearly two months, until he finally escapes, disguised as a clergyman, on a cattle-ship from Cork to Bristol. Some days later he reaches Paris, where he stays for two months with Stephens and John O’Mahony before leaving for New York City. Practising law in New York, he dedicates himself to the development of an Irish Americanrepublican movement. Tensions between conservative and radical Young Ireland exiles, perhaps aggravated by social snobbery, surface by late 1849, when he is arrested for attempting to push Thomas D’Arcy McGee into an open cellar on a New York street, angered by accusations of boasting, drunkenness, and incompetence. Similar criticisms are made by John Blake Dillon and appear to have some foundation.
Doheny finds time to write The Felon’s Track (1849), a polemical account of the repeal agitation and the 1848 insurrection that is highly critical of O’Connell. Despite a rambling narrative, it becomes a popular work and is reprinted several times. He also gives several lectures on historical and literary subjects to Irish American societies and contributes a memoir on Geoffrey Keating to O’Mahony’s translation (1857) of Foras Feasa ar Éirinn.
Involved with the New York Irish militia from his arrival, he is elected lieutenant colonel of the 69th Infantry Regiment in November 1851, and in September 1852 becomes colonel of a new regiment, the Irish Republican Rifles. These formations are often wracked by dissension over strategy and leadership, and in February 1856 he and O’Mahony found the Emmet Monument Association, planning to mobilise an Irish American force to invade Ireland. Efforts to acquire Russian backing fails on the close of the Crimean War in March 1857.
In autumn 1857, Doheny and O’Mahony make overtures to James Stephens to reorganise the republican movement in Ireland, and in March 1858 they accept Stephens’s demands for undisputed authority there, though by the winter of 1858–59 Doheny shows increasing distrust of Stephens’s ambitions. Adopting the organisational structure set out by Stephens in establishing the IRB in 1858, he and O’Mahony found the American equivalent, the Fenian Brotherhood, in early 1859, although he plays a subordinate part. In July 1859, he founds and edits a short-lived newspaper in New York, The Phoenix, to promote Fenian ideals. Active in opposing the national petition for self-government of 1860–61, he argues that Britain will only yield to force. He assists in making preparations for the funeral of Terence Bellew MacManus in Ireland and acts as one of the pallbearers in New York. Travelling to Ireland in October 1861, he appears to argue for using the excitement engendered by the funeral to spark an insurrection in Dublin but is thwarted by Stephens.
Doheny dies suddenly on April 1, 1862, in New York and is buried in Calvary Cemetery in the city’s borough of Queens.
(From: “Doheny, Michael” by James Quinn and Desmond McCabe, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
Following Fine Gael’s defeat at the 1977 Irish general election, the new leader, Garret FitzGerald, appoints Bruton to the front bench as Spokesperson on Agriculture. He is later promoted as Spokesperson for Finance. He plays a prominent role in Fine Gael’s campaign in the 1981 Irish general election, which results in another coalition with the Labour Party, with FitzGerald as Taoiseach. He receives a personal vote in Meath of nearly 23%, and at the age of only 34 is appointed Minister for Finance, the most senior position in the cabinet. In light of overwhelming economic realities, the government abandons its election promises to cut taxes. The government collapses unexpectedly on the night of January 27, 1982, when Bruton’s budget, that was to impose an unpopular value-added tax (VAT) on children’s shoes, is defeated in the Dáil.
The minority Fianna Fáil government which follows only lasts until November 1982, when Fine Gael once again returns to power in a coalition government with the Labour Party. However, when the new government is formed, Bruton is moved from Finance to become Minister for Industry and Energy. After a reconfiguration of government departments in 1983, he becomes Minister for Industry, Trade, Commerce and Tourism. In a cabinet reshuffle in February 1986, he is appointed again as Minister for Finance. Although he is Minister for Finance, he never presents his budget. The Labour Party withdraws from the government due to a disagreement over his budget proposals leading to the collapse of the government and another election.
Following the 1987 Irish general election, Fine Gael suffers a heavy defeat. Garret FitzGerald resigns as leader immediately, and a leadership contest ensues between Alan Dukes, Peter Barry and Bruton himself, with Dukes being the ultimate victor. Dukes’s term as leader is lackluster and unpopular. The party’s disastrous performance in the 1990 Irish presidential election, in which the party finishes in a humiliating and then unprecedented third in a national election, proves to be the final straw for the party and Dukes is forced to resign as leader shortly thereafter. Bruton, who is the deputy leader of Fine Gael at the time, is unopposed in the ensuing leadership election.
Bruton’s election is seen as offering Fine Gael a chance to rebuild under a far more politically experienced leader. However, his perceived right-wing persona and his rural background are used against him by critics and particularly by the media. However, to the surprise of critics and of conservatives, in his first policy initiative he calls for a referendum on a Constitutional amendment permitting the enactment of legislation allowing for divorce in Ireland.
By the 1992 Irish general election, the anti-Fianna Fáil mood in the country produces a major swing to the opposition, but that support goes to the Labour Party, not Bruton’s Fine Gael, which actually loses a further 10 seats. Even then, it initially appears that Fine Gael is in a position to form a government. However, negotiations stall in part from Labour’s refusal to be part of a coalition which would include the libertarian Progressive Democrats, as well as Bruton’s unwillingness to take Democratic Left into a prospective coalition. The Labour Party breaks off talks with Fine Gael and opts to enter a new coalition with Fianna Fáil.
In late 1994, the government of Fianna Fáil’s Albert Reynolds collapses. Bruton is able to persuade Labour to end its coalition with Fianna Fáil and enter a new coalition government with Fine Gael and Democratic Left. He faces charges of hypocrisy for agreeing to enter government with Democratic Left, as Fine Gael campaigned in the 1992 Irish general election on a promise not to enter government with the party. Nevertheless, on December 15, 1994, aged 47, he becomes the then youngest ever Taoiseach. This is the first time in the history of the state that a new government is installed without a general election being held.
Bruton’s politics are markedly different from most Irish leaders. Whereas most leaders had come from or identified with the independence movement Sinn Féin (in its 1917–22 phase), Bruton identifies more with the more moderate Irish Parliamentary Party (IPP) tradition that Sinn Féin had eclipsed at the 1918 Irish general election.
Continued developments in the Northern Ireland peace process and Bruton’s attitude to Anglo-Irish relations come to define his tenure as Taoiseach. In February 1995, he launches the Anglo-Irish “Framework Document” with the British prime ministerJohn Major. It foreshadows the 1998 Good Friday Agreement, which, among other things, establishes an elected, power-sharing executive authority to be run by these onetime adversaries, ending 30 years of bloodletting that had claimed more than 3,000 lives. However, he takes a strongly critical position on the British Government‘s reluctance to engage with Sinn Féin during the Irish Republican Army‘s 1994–1997 ceasefire. He also establishes a working relationship with Gerry Adams of Sinn Féin; however, both are mutually distrustful of each other.
The coalition remains in force to contest the 1997 Irish general elections, which are indecisive, and Bruton serves as acting taoiseach until the Dáil convenes in late June and elects a Fianna Fáil–Progressive Democrats government. He retires from Irish politics in 2004 and serves as the European Union Ambassador to the United States (2004–09).
Bruton dies at the age of 76 on February 6, 2024, at the Mater Private Hospital in Dublin, following a long bout with cancer. A state funeral is held on February 10 at St. Peter’s and St. Paul’s Church in Dunboyne.
Andrews comes from a family with strong political connections. His grandfather, Todd Andrews, fought in the Irish War of Independence and became a founder-member of Fianna Fáil, and his grandmother, Mary Coyle, was a member of Cumann na mBan. His father, David Andrews, served as a TD from 1965 to 2002 and is a former Minister for Foreign Affairs, while his uncle, Niall Andrews, is a former Fianna Fáil TD and MEP and his cousin, Chris Andrews (son of Niall Andrews), has been a Sinn Féin TD since 2020 (having previously served as a Fianna Fáil TD from 2007 to 2011). In April 2018, Andrews is described as “part of Fianna Fáil royalty.”
Andrews is educated at Blackrock College and attends university at University College Dublin (UCD). Before entering political life, he works as a secondary school teacher in Dublin from 1991 until 1997, working in Senior College Ballyfermot, Sutton Park School and Bruce College. While a secondary school teacher, he studies law at King’s Inns and qualifies as a barrister in 1997. He is called to the Bar in 1997 and practices as a barrister until 2003.
In June 2006, Andrews leads a group of Fianna Fáil backbenchers in an unsuccessful attempt to establish a backbench committee to influence government policy. At the 2007 Irish general election, he retains his seat in Dún Laoghaire with 8,587 votes.
Andrews is appointed Minister of State for Children in May 2008. As Minister, he frames the Government response to the Ryan Report on Institutional Abuse. This includes an Implementation Plan that delivers an additional 200 social workers for the HSE Child and Family Services. In April 2009, he introduces the Early Childhood Care and Education (ECCE) Scheme, which provides, for the first time, free universal access to pre-school education. The scheme benefits 65,000 children in 2013.
After the release of the Murphy Report into child abuse in the Dublin diocese in November 2009, Andrews, speaking at a conference in Dublin Castle, is asked about the position of the Bishop of Limerick, Donal Murray. He says, “I think it’s everybody’s view that if adverse findings are made against an individual in a commission of inquiry, then it would be amazing that there be no consequences for them.” Bishop Murray subsequently apologises to survivors and resigns from office.
In December 2009, Andrews oversees the introduction of government policy to lower the legal age of consent to sixteen, citing a Joint Oireachtas Committee on the Constitution report which recommends the legal age be reduced to sixteen from the current seventeen. He expresses the view the existing laws are “inappropriate” and out of touch with the modern reality of sexual relations between young people and promises to publish legislation to change the age of consent to sixteen. He notes that Ireland and Malta are “the only countries in Europe with an age of consent of seventeen.” However, the law is not passed by the Oireachtas before the 2011 Irish general election in which Fianna Fáil cedes power to a Fine Gael-Labour coalition.
On January 31, 2011, in the run up to the general election, Andrews is named Health spokesman by the party leader, Micheál Martin. He loses his seat at the general election.
In September 2012, Andrew is appointed Fianna Fáil Director of Elections for the Children’s referendum.
In February 2019, Andrews is selected as the Fianna Fáil candidate for the Dublin constituency at the 2019 European Parliament election. He is elected in May 2019 receiving 14.1% of the 1st preference votes, but as the fourth candidate elected, he does not take his seat until after the UK leaves the European Union on January 31, 2020.
Andrews is appointed EU Chief Observer for the 2023 Nigerian Federal and State elections by High Representative Vice President Josep Borrell. A report on the election is subsequently produced highlighting that the election was marred by a lack of transparency, public mistrust in the Independent National Electoral Commission (INEC), violence, and vote buying, stressing the need for comprehensive electoral reforms.
Outside of his political career, Andrews is appointed chief executive of the Irish aid charity GOAL in November 2012, replacing the retiring founder, John O’Shea. In October 2016, he resigns from GOAL after it is revealed that other senior executives of GOAL have been involved in “large-scale fraud,” though there is no suggestion that he himself is involved in the scandal. In October 2017, the new CEO of GOAL announces a deficit of €31.6 million due to the fraud but says that it will survive after “one of the most challenging years” in its 40-year history.
In March 2017, Andrews is appointed as Director-General of the Irish State-supported EU think tank and advocacy body, the Institute of International and European Affairs (IIEA), with the Chairperson of the IIEA, former Leader of the Labour Party, Ruairi Quinn, describing him as having the “political and administrative skills” of value to the IIEA.
Andrews is married and has two sons and a daughter. His brother, David McSavage, is a comedian, and he is a first cousin of former RTÉ television and radio presenter Ryan Tubridy.
Cronin is known as an arts activist as well as a writer. He is Cultural Adviser to TaoiseachCharles Haughey and briefly to Garret FitzGerald. He involves himself in initiatives such as Aosdána, the Irish Museum of Modern Art and the Heritage Council. He is a founding member of Aosdána, and is a member of its governing body, the Toscaireacht, for many years. He is elected Saoi, a distinction for exceptional artistic achievement, in 2003. He is also a member of the governing bodies of the Irish Museum of Modern Art and the National Gallery of Ireland, of which he is for a time Acting Chairman.
His first collection of poems, called simply Poems (Cresset Press, London), is published in 1958. Several collections follow and his Collected Poems (New Island Books, Dublin) is published in 2004. The End of the Modern World (New Island Books, 2016), written over several decades, is his final publication.
Cronin’s novel, The Life of Riley, is a satire on Bohemian life in Ireland in the mid-20th century, while his memoir Dead as Doornails addresses the same subject.
Cronin knows Samuel Beckett from when they do some work for the BBC during the 1950s and 1960s. He gives a prefatory talk to Patrick Magee‘s reading of The Unnamable on the BBC Third Programme. Beckett is not impressed, saying, “Cronin delivered his discourse… It was all right, not very exciting.” Cronin later publishes a biography of him, Samuel Beckett: The Last Modernist (1996), followed on from No Laughing Matter: The Life and Times of Flann O’Brien (1989).
In his later years, Cronin suffers from failing health, which prevents him from traveling abroad, thus limiting his dealings to local matters. He dies in Dublin on December 27, 2016, one day short of his 93rd birthday.
Cronin firstly marries Thérèse Campbell, from whom he separates in the mid-1980s. She dies in 1999. They have two daughters, Iseult and Sarah. Iseult is killed in a road accident in Spain. He secondly marries the writer Anne Haverty who, along with daughter Sarah, survives him.
George Bernard Francis Clarke, Irish barrister who is Chief Justice of Ireland from July 2017 to October 2021, is born on October 10, 1951, in Walkinstown, Dublin. He has a successful career as a barrister for many years, with a broad practice in commercial law and public law. He is the chair of the Bar Council of Ireland between 1993 and 1995. He is appointed to the High Court in 2004 and becomes a judge of the Supreme Court of Ireland in February 2012. Following his retirement from the bench, he returns to work as a barrister. Across his career as a barrister and a judge, he is involved in many seminal cases in Irish legal history.
Clarke is the son of a customs officer who dies when he is aged eleven. His mother is a secretary. He is educated at Drimnagh Castle Secondary School, a Christian Brotherssecondary school in Dublin. He wins the Dublin Junior High Jump Championship in 1969. He studies Economics and Maths at undergraduate level at University College Dublin (UCD), while concurrently studying to become a barrister at King’s Inns. He is the first of his family to attend third level education and is able to attend university by receiving grants. While attending UCD, he loses an election to Adrian Hardiman to become auditor of the Literary and Historical Society (L&H).
Clarke is called to the Bar in 1973 and to the Inner Bar in 1985. He has a practice in commercial, constitutional and family law. Two years after commencing practice he appears as junior counsel for the applicant in State (Healy) v Donoghue before the Supreme Court, which establishes a constitutional right to legal aid in criminal cases.
Clarke represents Michael McGimpsey and his brother Christopher in a challenge against the constitutionality of the Anglo-Irish Agreement, which is ultimately unsuccessful in the Supreme Court in 1988.
Clarke appears for the plaintiff with Michael McDowell and Gerard Hogan in Cox v Ireland in 1990, where the Supreme Court first introduces proportionality into Irish constitutional law and discovers the right to earn a livelihood. He represents Seán Ardagh and the Oireachtas Subcommittee formed after the death of John Carthy in a constitutional case which limits the powers of investigation of the Oireachtas, which leads to the unsuccessful Thirtieth Amendment of the Constitution. In an action taken by tobacco companies to challenge the legality of bans on tobacco advertising, he appears for the State.
Clarke is Chairman of the Bar Council of Ireland from 1993 to 1995. Between 1999 and 2004, he acts as chair of Council of King’s Inns. He is a professor at the Kings’s Inns between 1978 and 1985 and is appointed an adjunct professor at University College Cork (UCC) in 2014. He also serves as an adjunct professor at Trinity College Dublin (TCD).
Clarke acts as a chair of the Employment Appeals Tribunal while still in practice. He is also a steward of the Turf Club and the chairman of Leopardstown Racecourse. He was due to take over as senior steward of the Turf Club but does not do so due to his appointment to the High Court.
Clarke is appointed as a High Court judge in 2004. He is chairman of the Referendum Commission for the second Lisbon Treaty referendum in 2009. As a High Court judge he gives a ruling on the Leas Cross nursing home case against RTÉ, that the public interest justifies the broadcasting of material that otherwise would have been protected by the right to privacy. He frequently presides over the Commercial Court during his time at the High Court. He is involved in the establishment of two High Court lists in Cork, Chancery and a Non-Jury List.
Clarke is appointed to the Supreme Court on February 9, 2012, and serves as Chief Justice from October 2017 until his retirement on October 10, 2021, required by law on his 70th birthday. In March 2021, the Cabinet begins the process of identifying his successor. Donal O’Donnell is selected to replace him. His final day in court is October 8, 2021, where judges, lawyers and civil servants make a large number of tributes to him. Mary Carolan of The Irish Times says that under his leadership the Supreme Court is “perhaps the most collegial it had been in some time.”
Following his retirement from the judiciary, Clarke resumes his practice as a barrister and rejoins the Bar of Ireland. Under the rules of the Bar of Ireland, he cannot appear before a court of equal or lesser jurisdiction to that on which he sat as a judge. Given that he was the most senior judge in Ireland, he cannot appear in any court in Ireland. He can appear in the European Union (EU) courts. However, he indicates his intention to focus on mediation and arbitration work.
Clarke has been married to Dr. Jacqueline Hayden since 1977. They have a son and a daughter. He is interested in rugby and horse racing, at one point owning several horses.
In London, developing his interest in the theatre, Johnston abandons plans for a legal and political career.
Johnston is a protégé of W. B. Yeats and George Bernard Shaw, and has a stormy friendship with Seán O’Casey. He is a pioneer of television and war reporting. He works as a lawyer in the 1920s and 1930s before joining the BBC as a writer and producer, first in radio and then in the fledgling television service. His broadcast dramatic work includes both original plays and adaptation of the work of many different writers.
Johnston’s first play, The Old Lady Says “No!”, helps establish the worldwide reputation of Dublin’s Gate Theatre. His second play, The Moon in the Yellow River, has been performed around the globe in numerous productions featuring such storied names as James Mason, Jack Hawkins, Claude Rains, Barry Fitzgerald, James Coco and Errol Flynn. Later plays deal with the life of Jonathan Swift, the 1916 Rebellion, the pursuit of justice, and the fear of death. He writes two opera libretti and a pageant.
“Passionate in his radical skepticism and loathing of what he saw as the pernicious influence of the Roman Catholic Church,” at the end of 1933, Johnston joins the trade unionistJohn Swift, the Dublin novelistMary Manning, and fellow northerner, the libertarian socialistJack White, in forming The Secular Society of Ireland. “Convinced that clerical domination in the community is harmful to advance,” the society seeks “to establish in this country complete freedom of thought, speech and publication, liberty for mind, in the widest toleration compatible with orderly progress and rational conduct.” Among other things it aims to terminate the clerically-dictated ban on divorce, the Censorship of Publications Act and the system of clerical management, and consequent sectarian teaching, in schools.
This is at a time of heightened clerical militancy and as soon the meeting place of the Society (from which it distributed the British journal The Freethinker) is exposed, it has to shift to private houses outside of Dublin. In 1936, Johnston and the other members disband the society and donate the proceeds to the government of the beleaguered Spanish Republic. He has become a recognised man of the left. In 1930 he joins the Irish Friends of Soviet Russia, and though never a party member, until as late as the 1950s he professes faith in a communist future.
Johnston dies on August 8, 1984, at Ballybrack, County Dublin, and is buried in St. Patrick’s Cathedralclose. His epitaph is a quotation from The Old Lady Says “No!” – Emmet’s lines praising Dublin “the strumpet city.”
The Denis Johnston Playwriting Prize is awarded annually by Smith College Department of Theatre for the best play, screenplay or musical written by an undergraduate at Smith College, Mount Holyoke College, Amherst College, Hampshire College and the University of Massachusetts Amherst. The prize is endowed by his former student at Smith, Carol Sobieski.
Costello is the younger son of John Costello senior, a civil servant, and Rose Callaghan. He is educated at St. Joseph’s, Fairview, and then moves to O’Connell School, for senior classes, and later attends University College Dublin (UCD), where he graduates with a degree in modern languages and law. He studies at King’s Inns to become a barrister, winning the Victoria Prize there in 1913 and 1914. He is called to the Irish Bar in 1914, and practises as a barrister until 1922.
In 1922, Costello joins the staff at the office of the Attorney General in the newly established Irish Free State. Three years later he is called to the inner bar, and the following year, 1926, he becomes Attorney General of Ireland, upon the formation of the Cumann na nGaedheal government, led by W. T. Cosgrave. While serving in this position he represents the Free State at Imperial Conferences and League of Nations meetings.
Costello is also elected a Bencher of the Honourable Society of King’s Inns. He loses his position as Attorney General of Ireland when Fianna Fáil comes to power in 1932. The following year, however, he is elected to Dáil Éireann as a Cumann na nGaedheal TD. Cumann na nGaedheal soon merges with other parties to form Fine Gael.
During the Dáil debate on the Emergency Powers Act 1939, Costello is highly critical of the Act’s arrogation of powers, stating that “We are asked not merely to give a blank cheque, but to give an uncrossed cheque to the Government.” He loses his seat at the 1943 Irish general election but regains it when Éamon de Valera calls a snap election in 1944. From 1944 to 1948, he is the Fine Gael front-bench Spokesman on External Affairs.
In 1948, Fianna Fáil has been in power for sixteen consecutive years and has been blamed for a downturn in the economy following World War II. The 1948 Irish general election results show Fianna Fáil short of a majority, but still by far the largest party, with twice as many seats as the nearest rival, Fine Gael. It appears that Fianna Fáil is headed for a seventh term in government. However, the other parties in the Dáil realise that between them, they have only one seat fewer than Fianna Fáil, and if they band together, they would be able to form a government with the support of seven Independent deputies. Fine Gael, the Labour Party, the National Labour Party, Clann na Poblachta and Clann na Talmhan join to form the first inter-partygovernment in the history of the Irish state.
While it looks as if cooperation between these parties will not be feasible, a shared opposition to Fianna Fáil and Éamon de Valera overcomes all other difficulties, and the coalition government is formed.
Since Fine Gael is the largest party in the government, it has the task of providing a suitable candidate for Taoiseach. Naturally, it is assumed that its leader, Richard Mulcahy, will be offered the post. However, he is an unacceptable choice to Clann na Poblachta and its deeply republican leader, Seán MacBride. This is due to Mulcahy’s record during the Irish Civil War. Instead, Fine Gael and Clann na Poblachta agree on Costello as a compromise candidate. Costello had never held a ministerial position nor was he involved in the Civil War. When told by Mulcahy of his nomination, Costello is appalled, content with his life as a barrister and as a part-time politician. He is persuaded to accept the nomination as Taoiseach by close non-political friends.
During the campaign, Clann na Poblachta had promised to repeal the Executive Authority (External Relations) Act 1936 but does not make an issue of this when the government is being formed. However, Costello and his Tánaiste, William Norton of the Labour Party, also dislike the act. During the summer of 1948, the cabinet discusses repealing the act, however, no firm decision is made.
In September 1948, Costello is on an official visit to Canada when a reporter asks him about the possibility of Ireland leaving the British Commonwealth. For the first time, he declares publicly that the Irish government is indeed going to repeal the External Relations Act and declare Ireland a republic. It has been suggested that this is a reaction to offence caused by the Governor General of Canada at the time, Harold Alexander, 1st Earl Alexander of Tunis, who is of Northern Irish descent and who allegedly arranges to have placed symbols of Northern Ireland in front of Costello at an official dinner. Costello makes no mention of these aspects on the second reading of the Republic of Ireland Bill on November 24 and, in his memoirs, claims that Alexander’s behaviour had in fact been perfectly civil and could have had no bearing on a decision which had already been made.
The news takes the Government of the United Kingdom and even some of Costello’s ministers by surprise. The former had not been consulted and following the declaration of the Republic in 1949, the UK passes the Ireland Act that year. This recognises the Republic of Ireland and guarantees the position of Northern Ireland within the United Kingdom for so long as a majority there want to remain in the United Kingdom. It also grants full rights to any citizens of the Republic living in the United Kingdom. Ireland leaves the Commonwealth on April 18, 1949, when The Republic of Ireland Act 1948 comes into force. Frederick Henry Boland, Secretary of the Department of External Affairs, says caustically that the affair demonstrates that “the Taoiseach has as much notion of diplomacy as I have of astrology.” The British envoy, John Maffey, 1st Baron Rugby, is equally critical of what he calls a “slipshod and amateur” move.
Many nationalists now see partition as the last obstacle on the road to total national independence. Costello tables a motion of protest against partition on May 10, 1949, without result.
In 1950, the independent-minded Minister for Health, Noël Browne, introduces the Mother and Child Scheme. The scheme would provide mothers with free maternity treatment and their children with free medical care up to the age of sixteen, which is the normal provision in other parts of Europe at that time. The bill is opposed by doctors, who fear a loss of income, and Roman Catholic bishops, who oppose the lack of means testing envisaged and fear the scheme could lead to birth control and abortion. The cabinet is divided over the issue, many feeling that the state cannot afford such a scheme priced at IR£2,000,000 annually. Costello and others in the cabinet make it clear that in the face of such opposition they will not support the Minister. Browne resigns from the government on April 11, 1951, and the scheme is dropped. He immediately publishes his correspondence with Costello and the bishops, something which had hitherto not been done. Derivatives of the Mother and Child Scheme are introduced in Public Health Acts of 1954, 1957 and 1970.
The Costello government has a number of noteworthy achievements. A new record is set in housebuilding, the Industrial Development Authority and Córas Tráchtála are established, and the Minister for Health, Noel Browne, with the then new Streptomycin, bring about an advance in the treatment of tuberculosis. Ireland also joins a number of organisations such as the Organization for European Economic Co-operation and the Council of Europe. However, the government refuses to join NATO, allegedly because the British remain in Northern Ireland. The scheme to supply electricity to even the remotest parts of Ireland is also accelerated.
While the “Mother and Child” incident does destabilise the government to some extent, it does not lead to its collapse as is generally thought. The government continues; however, prices are rising, a balance of payments crisis is looming, and two TDs withdraw their support for the government. These incidents add to the pressure on Costello and so he decides to call a general election for June 1951. The result is inconclusive but Fianna Fáil returns to power. Costello resigns as Taoiseach. It is at this election that his son Declan is elected to the Dáil.
Over the next three years while Fianna Fáil is in power a dual-leadership role of Fine Gael is taking place. While Richard Mulcahy is the leader of the party, Costello, who has proved his skill as Taoiseach, remains as parliamentary leader of the party. He resumes his practice at the Bar. In what is arguably his most celebrated case, the successful defence of The Leader against a libel action brought by the poet Patrick Kavanagh, dates from this period. Kavanagh generously praises Costello’s forensic skill, and the two men become friends.
At the 1954 Irish general election Fianna Fáil loses power. A campaign dominated by economic issues results in a Fine Gael-Labour Party-Clann na Talmhan government coming to power. Costello is elected Taoiseach for the second time.
The government can do little to change the ailing nature of Ireland’s economy, with emigration and unemployment remaining high, and external problems such as the Suez Crisis compounding the difficulty. Measures to expand the Irish economy such as export profits tax relief introduced in 1956 would take years have sizable impact. Costello’s government does have some success with Ireland becoming a member of the United Nations in 1955, and a highly successful visit to the United States in 1956, which begins the custom by which the Taoiseach visits the White House each St. Patrick’s Day to present the U.S. President with a bowl of shamrock. Although the government has a comfortable majority and seems set for a full term in office, a resumption of Irish Republican Army (IRA) activity in Northern Ireland and Great Britain causes internal strains. The government takes strong action against the republicans.
In spite of supporting the government from the backbenches, Seán MacBride, the leader of Clann na Poblachta, tables a motion of no confidence, based on the weakening state of the economy and in opposition to the government’s stance on the IRA. Fianna Fáil also tables its own motion of no confidence, and rather than face almost certain defeat, Costello again asks PresidentSeán T. O’Kelly to dissolve the Oireachtas. The general election which follows in 1957 gives Fianna Fáil an overall majority and starts another sixteen years of unbroken rule for the party. Some of his colleagues questioned the wisdom of his decision to call an election. The view is expressed that he was tired of politics and depressed by his wife’s sudden death the previous year.
Following the defeat of his government, Costello returns to the bar. In 1959, when Richard Mulcahy resigns the leadership of Fine Gael to James Dillon, he retires to the backbenches. He could have become party leader had he been willing to act in a full-time capacity. He remains as a TD until 1969, when he retires from politics, being succeeded as Fine Gael TD for Dublin South-East by Garret FitzGerald, who himself goes onto to become Taoiseach in a Fine Gael-led government.
During his career, Costello is presented with a number of awards from many universities in the United States. He is also a member of the Royal Irish Academy from 1948. In March 1975, he is made a freeman of the city of Dublin, along with his old political opponent Éamon de Valera. He practises at the bar until a short time before his death at the age of 84, in Ranelagh, Dublin, on January 5, 1976. He is buried at Dean’s Grange Cemetery in Dublin.
Initially after leaving school Laffoy tries primary school teaching at Carysfort College and joins the civil service. She is subsequently educated at University College Dublin (UCD) and King’s Inns. She receives the John Brooks Scholarship at the Inns for achieving the highest marks. She receives a BA from UCD in 1968 and a BCL in 1971.
Laffoy is called to the Bar in 1971 and to the Inner Bar in 1987. She devils for Brian McCracken. She becomes a Senior Counsel on the same day as future Supreme Court colleagues Susan Denham and Liam McKechnie and at the time is only one of four women seniors.
Laffoy’s expertise at the Bar is in property law. She appears in the Cityview Press case which clarifies the law on the nondelegation doctrine in Ireland. In 1983, she is appointed by the Supreme Court to argue against the constitutionality of the Electoral (Amendment) Bill 1983 following a reference made by PresidentPatrick Hillery under Article 26 of the Constitution of Ireland. She appears in another Article 26 reference made by Mary Robinson regarding the Matrimonial Home Bill 1993. For both references, the Supreme Court finds for her side.
Laffoy is appointed as a judge of the High Court in 1995, primarily presiding over cases involving chancery law.
Laffoy presides over the Commission to Inquire into Child Abuse from 1999 to 2003, an inquiry into child abuse. Her decision to resign as chair before the commission completes its report is controversial. In her letter of resignation from the commission of September 2, 2003, she outlines her belief that the actions of the Government and the Department of Education have frustrated her efforts and have slowed the commission’s work. She feels that “the cumulative effect of those factors effectively negated the guarantee of independence conferred on the Commission and militated against it being able to perform its statutory functions.” The commission is chaired from 2003 to 2009 by Judge Sean Ryan.
Laffoy presides over the High Court hearing in A v Governor of Arbour Hill Prison, ordering the release of a prisoner convicted of statutory rape due an earlier finding that the offence he was convicted of was contrary to the Constitution of Ireland. Her decision is overturned on appeal to the Supreme Court. In 2012, she dismisses an action taken by Thomas Pringle regarding the legality of the European Stability Mechanism. The European Court of Justice, after reference from the Supreme Court, also rejects his claim. During her time at the High Court, ten percent of reported judgments are written by her.
Laffoy is appointed to the Supreme Court of Ireland in July 2013. She retires from the Supreme Court on June 16, 2017. A portrait of her is unveiled in the King’s Inns in March 2020.
In July 2016, Laffoy is appointed by TaoiseachEnda Kenny to chair the Citizens’ Assembly, which she chairs until June 2018. She becomes the president of the Law Reform Commission in 2018.
seamus dubhghaill 