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


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Birth of Frank Clarke, Former Chief Justice of Ireland

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 Brothers secondary 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 joins Fine Gael after leaving school. He is a speechwriter for Taoiseach Garret FitzGerald and election agent for George Birmingham. He then subsequently, himself, runs for election to Seanad Éireann. He campaigns against the Eighth Amendment of the Constitution of Ireland in 1983 and in favour of the unsuccessful Tenth Amendment of the Constitution Bill 1986. He chairs a meeting of family lawyers in 1995 supporting the successful second referendum on divorce.

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 twice appointed by the Supreme Court for the purpose of Article 26 references. He argues on behalf of the Law Society of Ireland in a referral regarding the Adoption (No. 2) Bill 1987. He is appointed by the Supreme Court to appear to argue on behalf of the rights of the mother in In re Article 26 and the Regulation of Information (Services outside the State for Termination of Pregnancies) Bill 1995. In 1994, President Mary Robinson requests him to provide her with legal advice on the presidential prerogative to refuse to dissolve Dáil Éireann.

Clarke is external counsel to the Commission to Inquire into Child Abuse and represents the Flood Tribunal in its case against Liam Lawlor and the State in Charles Haughey‘s challenge to the legality of the Moriarty Tribunal. He and George Birmingham also appear for Fine Gael at the Flood Tribunal, and he represents the public interest at the Moriarty Tribunal. He is a legal advisor to an inquiry into the deposit interest retention tax (DIRT) conducted by the Public Accounts Committee, along with future judicial colleagues Paul Gilligan and Mary Irvine.

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.

In June 2022, Clarke is sworn in as judge of the court of appeal of the Dubai International Financial Centre (DIFC) courts but resigns a few days later following criticism from barrister and Labour Party leader, Ivana Bacik.

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.


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Death of Tomás Mac Giolla, Workers’ Party and Sinn Féin Politician

Tomás Mac Giolla, Workers’ Party of Ireland politician who serves as Lord Mayor of Dublin from 1993 to 1994, leader of the Workers’ Party from 1962 to 1988 and leader of Sinn Féin from 1962 to 1970, dies on February 4, 2010. He serves as a Teachta Dála (TD) for the Dublin West constituency from 1982 to 1992.

Mac Giolla is born Thomas Gill in Nenagh, County Tipperary, on January 25, 1924. His uncle T. P. Gill is a Member of Parliament (MP) and member of the Irish Parliamentary Party (IPP) of Charles Stewart Parnell. His father, Robert Paul Gill, an engineer and architect, also stands unsuccessfully for election on a number of occasions. His mother is Mary Hourigan.

Mac Giolla is educated at the local national school in Nenagh before completing his secondary education at St. Flannan’s College in Ennis, County Clare. It is while at St. Flannan’s that he changes to using the Irish language version of his name. He wins a scholarship to University College Dublin where he qualifies with a Bachelor of Arts degree, followed by a degree in Commerce.

A qualified accountant, Mac Giolla is employed by the Irish Electricity Supply Board (ESB) from 1947 until he goes into full-time politics in 1977.

In his early life Mac Giolla is an active republican. He joins Sinn Féin and the Irish Republican Army (IRA) around 1950. He is interned by the Government of Ireland during the 1956–1962 IRA border campaign. He also serves a number of prison sentences in Mountjoy Prison in Dublin.

At the 1961 Irish general election, Mac Giolla unsuccessfully contests the Tipperary North constituency for Sinn Féin. In 1962, he becomes President of Sinn Féin and is one of the people who moves the party to the left during the 1960s. In 1969, Sinn Féin splits, and he remains leader of Official Sinn Féin. It is also in 1962 that he marries May McLoughlin who is also an active member of Sinn Féin as well as Cumann na mBan, the women’s section of the IRA. In 1977, the party changes its name to Sinn Féin the Workers Party and in 1982 it becomes simply the Workers’ Party.

Mac Giolla is elected to Dublin City Council representing the Ballyfermot local electoral area in 1979 and at every subsequent local election until he retires from the council in 1997. In the November 1982 Irish general election, he is elected to Dáil Éireann for his party. In 1988, he steps down as party leader and is succeeded by Proinsias De Rossa. He serves as Lord Mayor of Dublin from 1993 to 1994 and remains a member of Dublin Corporation until 1998.

While president Mac Giolla is regarded as a mediator between the Marxist-Leninist wing headed by Sean Garland and the social democratic wing of Prionsias De Rossa. At the 1992 special Ardfheis he votes for the motion to abandon democratic centralism and to re-constitute the party much as the Italian Communist Party became the Democratic Party of the Left. However, the motion fails to reach the required two-thirds majority. Following the departure of six Workers’ Party TDs led by De Rossa to form the new Democratic Left party in 1992, Mac Giolla is the sole member of the Workers’ Party in the Dáil. He loses his Dáil seat at the 1992 Irish general election by a margin of just 59 votes to Liam Lawlor of Fianna Fáil.

In 1999, Mac Giolla writes to the chairman of the Flood Tribunal calling for an investigation into revelations that former Dublin Assistant City and County Manager George Redmond had been the official supervisor at the election count in Dublin West and was a close associate of Liam Lawlor. In 2003, Redmond is convicted of corruption by a Dublin court but subsequently has his conviction quashed due to conflicting evidence.

In his eighties Mac Giolla continues to be active and is a member of the group which campaigns to prevent the demolition of No. 16 Moore Street in Dublin city centre, where the surrender after the Easter Rising was completed. He also serves on the Dublin ’98 committee to commemorate the 200th anniversary of the Irish Rebellion of 1798.

Tomás Mac Giolla dies in Beaumont Hospital in Beaumont, Dublin on February 4, 2010, after a long illness.

(Pictured: Tomás Mac Giolla, former president of the Workers’ party and lord mayor of Dublin in 2007, by Niall Carson, PA Wire, Press Association Images)


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Birth of Tomás Mac Giolla, Irish Workers’ Party Politician

tomas-mac-giolla

Tomás Mac Giolla, Workers’ Party of Ireland politician who serves as Lord Mayor of Dublin from 1993 to 1994, leader of the Workers’ Party from 1962 to 1988 and leader of Sinn Féin from 1962 to 1970, is born Thomas Gill in Nenagh, County Tipperary on January 25, 1924. He serves as a Teachta Dála (TD) for the Dublin West constituency from 1982 to 1992.

Mac Giolla’s uncle T. P. Gill is a Member of Parliament (MP) and member of the Irish Parliamentary Party (IPP) of Charles Stewart Parnell. His father, Robert Paul Gill, an engineer and architect, also stands unsuccessfully for election on a number of occasions. His mother is Mary Hourigan.

Mac Giolla is educated at the local national school in Nenagh before completing his secondary education at St. Flannan’s College in Ennis, County Clare. It is while at St. Flannan’s that he changes to using the Irish language version of his name. He wins a scholarship to University College Dublin where he qualifies with a Bachelor of Arts degree, followed by a degree in Commerce.

A qualified accountant, Mac Giolla is employed by the Irish Electricity Supply Board (ESB) from 1947 until he goes into full-time politics in 1977.

In his early life Mac Giolla is an active republican. He joins Sinn Féin and the Irish Republican Army (IRA) around 1950. He is interned by the Government of Ireland during the 1956–1962 IRA border campaign. He also serves a number of prison sentences in Mountjoy Prison in Dublin.

At the 1961 Irish general election, Mac Giolla unsuccessfully contests the Tipperary North constituency for Sinn Féin. In 1962, he becomes President of Sinn Féin and is one of the people who moves the party to the left during the 1960s. In 1969, Sinn Féin splits, and he remains leader of Official Sinn Féin. It is also in 1962 that he marries May McLoughlin who is also an active member of Sinn Féin as well as Cumann na mBan, the women’s section of the IRA. In 1977, the party changes its name to Sinn Féin the Workers Party and in 1982 it becomes simply the Workers’ Party.

Mac Giolla is elected to Dublin City Council representing the Ballyfermot local electoral area in 1979 and at every subsequent local election until he retires from the council in 1997. In the November 1982 Irish general election, he is elected to Dáil Éireann for his party. In 1988, he steps down as party leader and is succeeded by Proinsias De Rossa. He serves as Lord Mayor of Dublin from 1993 to 1994 and remains a member of Dublin Corporation until 1998.

While president Mac Giolla is regarded as a mediator between the Marxist-Leninist wing headed by Sean Garland and the social democratic wing of Prionsias De Rossa. At the 1992 special Ardfheis he votes for the motion to abandon democratic centralism and to re-constitute the party much as the Italian Communist Party became the Democratic Party of the Left. However, the motion fails to reach the required two-thirds majority. Following the departure of six Workers’ Party TDs led by De Rossa to form the new Democratic Left party in 1992, Mac Giolla is the sole member of the Workers’ Party in the Dáil. He loses his Dáil seat at the 1992 Irish general election by a margin of just 59 votes to Liam Lawlor of Fianna Fáil.

In 1999, Mac Giolla writes to the chairman of the Flood Tribunal calling for an investigation into revelations that former Dublin Assistant City and County Manager George Redmond had been the official supervisor at the election count in Dublin West and was a close associate of Liam Lawlor. In 2003, Redmond is convicted of corruption by a Dublin court but subsequently has his conviction quashed due to conflicting evidence.

In his eighties Mac Giolla continues to be active and is a member of the group which campaigns to prevent the demolition of No. 16 Moore Street in Dublin city centre, where the surrender after the Easter Rising was completed. He also serves on the Dublin ’98 committee to commemorate the 200th anniversary of the Irish Rebellion of 1798.

Tomás Mac Giolla dies in Beaumont Hospital in Beaumont, Dublin on February 4, 2010, after a long illness.