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


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Death of John MacDermott

John Clarke MacDermott, Baron MacDermottMCPCPC (NI)Northern Irish politician, barrister, and judge, dies at his home in Belfast on July 13, 1979. He serves as Attorney General for Northern Ireland, a Lord of Appeal in Ordinary, and Lord Chief Justice of Northern Ireland. He is the first law lord to be appointed from Northern Ireland.

MacDermott is born in Belfast on April 12, 1896, the third surviving son and sixth of seven children of the Reverend John MacDermott DD, a Presbyterian clergyman who is minister of Belmont and moderator of the Presbyterian Church in Ireland, and of his wife Lydia Allen MacDermott (née Wilson), the daughter of a Strabane solicitor. He is educated at Campbell College, Belfast, from where he wins a scholarship to read Law at the Queen’s University Belfast (QUB) in 1914.

During the World War I, he serves with the machine gun battalion of the 51st (Highland) Division in France, Belgium and Germany, winning the Military Cross in 1918 and reaching the rank of Lieutenant. After the war he is called to the Bar of Ireland in 1921.

Eight years later MacDermott is appointed to determine industrial assurance disputes in Northern Ireland, and in 1931 becomes a lecturer in Jurisprudence at Queen’s University Belfast, teaching for four years.

In 1936, he is made a King’s Counsel, and two years later he is elected to the Northern Ireland House of Commons as an Ulster Unionist member for Queen’s University.

In 1940, MacDermott is appointed Minister of Public Security in the Government of Northern Ireland, and the following year becomes the Attorney General for Northern Ireland. He is succeeded in this post by William Lowry, whose son, Lord Lowry, would eventually succeed MacDermott as Lord Chief Justice. In 1944, he resigns his parliamentary seat on appointment as a High Court Judge for Northern Ireland, and three years later, on April 23, 1947, is made a Lord of Appeal in Ordinary, becoming a life peer as Baron MacDermott, of Belmont in the city of Belfast.

MacDermott returns from the House of Lords to take up his appointment as Lord Chief Justice of Northern Ireland. His successors to the latter office become Law Lords subsequently. Whilst Lord Chief Justice, he is affectionately known as “the Baron.”

In 1977, aged over eighty, MacDermott offers to redeliver a lecture at the Ulster College, which had been interrupted by a bomb meant for him and which had severely wounded him.

Having been made a Northern Ireland Privy Counsellor seven years earlier, MacDermott is sworn of the British Privy Council in 1947.

Four years later, in 1951, MacDermott is appointed Lord Chief Justice of Northern Ireland, a post he holds for twenty years. He is also Pro-Chancellor of his alma mater from 1951 to 1969. In 1958, he chairs the commission on the Isle of Man Constitution. He dies at his home in Belfast on July 13, 1979.

In 1926, MacDermott weds Louise Palmer Johnston, later Lady MacDermott. Their son, Sir John MacDermott, is also sworn into the British Privy Council in 1987, as a Lord Justice of Appeal in Northern Ireland. He later became a Surveillance Commissioner for Northern Ireland.


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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).

Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.

The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.

Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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Birth of Sir Edward Carson, Politician, Barrister & Judge

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

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

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

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

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

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

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

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


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Birth of 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.


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Birth of Jonathan Christian, Irish Judge

Jonathan Christian, Irish judge, is born in Carrick-on-Suir, County Tipperary, on February 17, 1808. He serves as Solicitor-General for Ireland from 1856 to 1858. He is a judge of the Court of Common Pleas (Ireland) from 1858 to 1867 when he is appointed Lord Justice of Appeal in Chancery. On the creation of the new Irish Court of Appeal in 1878 he serves briefly on that Court but retires after a few months.

Christian is considered one of the best Irish lawyers of his time, but as a judge, he regularly courts controversy. His bitter and sarcastic temper and open contempt for most of his colleagues leads to frequent clashes both in Court and in the Press. Though he is rebuked for misconduct several times by the House of Commons, no serious thought seems to be given to removing him from office.

Christian is the third son of George Christian, a solicitor, and his wife Margaret Cormack. He is educated at the Trinity College Dublin, enters Gray’s Inn in 1831 and is called to the Bar of Ireland in 1834. He marries Mary Thomas in 1859 and they have four sons and four daughters. He lives at Ravenswell, Bray, County Wicklow.

Christian’s early years at the Bar are not successful, and he admits to being near to despair at times about his prospects. His practice lays in the Court of Chancery (Ireland). Chancery procedures are extremely complex, and he finds them at first almost unintelligible. Gradually he masters the intricacies of Chancery practice and becomes a leader of the Bar, taking silk in 1841. It is said that his expertise in Chancery procedures leaves even the Lord Chancellor himself quite unable to argue with him.

Christian is appointed Law Adviser to the Lord Lieutenant of Ireland, an influential post which involves assisting the Attorney General and Solicitor General in advising the Crown in 1850, but resigns after only a few months, on the ground that it interferes with his private practice. He is appointed Third Sergeant later the same year but resigns in 1855, allegedly because he is disappointed at not receiving further promotion. Promotion does in time come his way. He is appointed Solicitor General the following year and a judge of the Court of Common Pleas in 1858. He is unusual in having no strong political loyalty. It is said that his political allegiance is known only to himself.

As a judge of the Court of Common Pleas, Christian gets on well with his colleagues, and any dissenting judgements he writes are short and courteous. It is after his appointment as a Lord Justice of Appeal in Chancery in 1867 that his behaviour begins to attract unfavourable comment, as he goes out of his way to court controversy on a wide variety of topics.

Christian develops a deep contempt for the Irish Reports, castigating them in open Court as “nonsense,” “worthless rubbish” and “disjointed twaddle.” All attempts by colleagues to get him to moderate his language fail. He threatens to refuse to let his judgements be reported, and in his last years, his relations with the law reporters are so bad that they simply publish their uncorrected notes of his decisions rather than sending them to the judge for revision.

In 1867 a new office of Vice-Chancellor for Ireland is created. It is filled throughout its existence by one man, Hedges Eyre Chatterton, who retires in 1904. Despite his length of service, he is not considered a judge of the first rank, and Christian evidently combines feelings of professional contempt with a personal dislike for him. Christian usually votes on appeals to overturn his judgments, and frequently adds personal attacks on Chatterton, despite protests from his colleagues. The feud between the two judges reaches the Press in 1870 when The Irish Times, without naming them, quotes one judge’s opinion that another is “lazy, stupid, conceited and dogmatic.” Although Christian denies it, it is universally believed that he is the author of the remarks, which are aimed at Chatterton. Chatterton is fortunate in enjoying the support of the Lord Chancellor of Ireland, Thomas O’Hagan, 1st Baron O’Hagan, who is also on bad terms with Christian.

Christian had worked well with Abraham Brewster, O’Hagan’s predecessor, whom he respected. For O’Hagan on the other hand, he feels the same dislike and contempt which he felt for Chatterton. Although they served together in the Court of Common Pleas without any obvious conflict, Christian considers O’Hagan’s appointment as Lord Chancellor to be a purely political act, and that he is unfit to be either head of the judiciary or an appeal judge in Chancery. He also complains of what he sees as O’Hagan’s laziness, which puts an extra burden on him. During O’Hagan’s first term as Chancellor, Christian subjects him to constant criticism. Unwisely he does not confine these attacks to the Courtroom but publishes numerous pamphlets, which is widely seen as improper conduct in a judge. When O’Hagan becomes Chancellor for the second time, a friend congratulates him on escaping from “the misnamed Christian” who had retired two years earlier.

It is probably Christian’s feud with O’Hagan which leads to his extraordinary decision to publicly attack the House of Lords for reversing, by a majority including O’Hagan, his judgment in O’Rorke v Bolingbroke. In a letter to The Times in 1877, whose content has been described as “astounding,” he questions the Law Lords knowledge of equity. While he singles out Lord Blackburn for criticism, it is likely that he also intends to harm O’Hagan’s reputation.

A major source of contention between Christian and O’Hagan is the Landlord and Tenant (Ireland) Act 1870, which O’Hagan steers through Parliament. The Act provides for compensation for tenants in the event of eviction. Christian, though he is not a landowner and is not as a rule much interested in politics, objects strongly to the policy of the Act, which he believes to be most unjust to landlords. His attacks from the Bench on the Act lead to serious rebukes both from the House of Commons and from the Press, which comment on the impropriety of a judge attacking an Act of Parliament, which it is his duty to enforce.

O’Hagan’s retirement does nothing to lessen Christian’s ill-temper. Other judges come in for attack, including Lord Chief Justice of Ireland James Whiteside, whom he accuses of speaking constantly on matters of which he is ignorant. In his later years, he seems to be a lonely and isolated figure. His vigorous opposition to the Supreme Court of Judicature (Ireland) Act 1877 is entirely unsuccessful. A feeling of isolation may partly explain his decision to retire, though certainly his increasing deafness also plays a part.

Christian dies in Dublin on October 29, 1887.

V.T.H. Delaney praises Christian as a great master of equity, a man of great learning and a judge with a great desire to see justice done, but he does not deny that Christian loved controversy. Even his supporters spoke of “arrows too sharply pointed.” Critics spoke of his “spirit of personal sarcasm, cold, keen and cynical.” No doubt Christian was genuinely concerned to uphold high standards of judicial conduct, but as Daire Hogan points out, his own conduct struck most observers as far more improper than anything he complained of in others.


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Birth of Brian Hutton, Lord Chief Justice of Northern Ireland

James Brian Edward Hutton, Baron Hutton, PC, a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary, is born in Belfast, Northern Ireland, on June 29, 1932.

Hutton is the son of a railways executive. He wins a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to study at Queen’s University Belfast and becoming a barrister, being called to the Bar of Northern Ireland in 1954. He begins working as junior counsel to the Attorney General for Northern Ireland in 1969.

Hutton becomes a Queen’s Counsel in 1970. From 1979 to 1989, as Sir Brian Hutton, he is a High Court judge. In 1989, he becomes Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary on January 6, 1997. He is consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down.

On March 30, 1994, as Lord Chief Justice of Northern Ireland, Hutton dismisses Private Lee Clegg‘s appeal against his controversial murder conviction. On March 21, 2002 he is one of four Law Lords to reject David Shayler‘s application to use a “public interest” defence as defined in section 1 of the Official Secrets Act 1989 at his trial.

Hutton represents the Ministry of Defence at the inquest into the killing of civil rights marchers on “Bloody Sunday.” Later, he publicly reprimands Major Hubert O’Neil, the coroner presiding over the inquest, when the coroner accuses the British Army of murder, as this contradicts the findings of the Widgery Tribunal.

Hutton also comes to public attention in 1999 during the extradition proceedings of former Chilean dictator General Augusto Pinochet. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords, the UK’s highest court, decide by a 3-2 majority that Pinochet is to be extradited to Spain. The verdict is then overturned by a panel of seven Law Lords, including Hutton, on the grounds that Lord Lennie Hoffmann, one of the five Law Lords, has links to human rights group Amnesty International which had campaigned for Pinochet’s extradition.

In 1978, Hutton defends the UK at the European Court of Human Rights in the case of Ireland v United Kingdom, when the court decides that the interrogation techniques used were “inhuman and degrading” and breached the European Convention on Human Rights, but do not amount to “torture.” The court also finds that the practice of internment in Northern Ireland had not breached the Convention. He sentences ten men to 1,001 years in prison on the word of “supergrass” informer Robert Quigley, who is granted immunity in 1984.

Hutton is appointed by Tony Blair‘s government to chair the inquiry on the circumstances surrounding the death of scientist David Kelly. The inquiry commences on August 11, 2003. Many observers are surprised when he delivers his report on January 28, 2004 and clears the British Government in large part. His criticism of the BBC is regarded by some as unduly harsh with one critic commenting that Hutton had given the “benefit of judgement to virtually everyone in the government and no-one in the BBC.” In response to the verdict, the front page of The Independent newspaper consists of one word, “Whitewash?”

Peter Oborne writes in The Spectator in January 2004: “Legal opinion in Northern Ireland, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton’s fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA terrorist suspects when he was a judge in the Diplock era.”

Hutton retires as a Law Lord on January 11, 2004. He remains a member of the House of Lords until retiring under the House of Lords Reform Act 2014 on April 23, 2018.

Hutton dies at the age of 88 on July 14, 2020.


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Birth of Sir James Comyn, Irish-born English High Court Judge

Sir James Peter Comyn, Irish-born barrister and English High Court judge, is born at Beaufield House, Stillorgan, County Dublin on March 8, 1921. Considered by many to be “the finest all-round advocate at the English bar”, he is appointed to the High Court of Justice in 1978, serving on the bench until his retirement in 1985.

Comyn is the son of Nationalist barrister James Comyn KC and of Mary Comyn. Through his father he is the nephew of the barrister Michael Comyn KC. Both his father and uncle had been political and legal advisers to Éamon de Valera, who at one point uses Beaufield House as a safe house. However, the Comyn brothers have a falling out with de Valera shortly before he comes to power in 1932, and Michael Comyn is passed over as Attorney General of the Irish Free State. As a result, James Comyn, who is then attending Belvedere College in Dublin, is sent by his father to attend The Oratory School in England. He spends six months as a trainee at The Irish Times under the editor R. M. “Bertie” Smyllie, but abandons journalism after a joke he added to an obituary is printed in the paper, leading to his demotion to the racing department.

Comyn then matriculates at New College, Oxford, where he reads law, graduating with Second Class Honours. In 1940, he defeats Roy Jenkins for the presidency of the Oxford Union, winning by four votes. After suffering the first of several breakdowns through his life, he briefly works for the BBC‘s Empire Service during World War II.

Comyn is called to the English bar by the Inner Temple in 1942, the Irish bar in 1947, and the Hong Kong bar in 1969. In 1944, he begins his pupillage with Edward Holroyd Pearce KC, later a law lord, and joins his chambers at Fountain Court. He practises in London and on the Western circuit, supplementing his earnings by teaching banking, a subject of which he knows nothing. On one occasion, he rises in Lambeth County court to cross-examine a female defendant in an eviction case. Just as he begins by saying “Madam,” the defendant opens her bag, takes out a dead cat, and throws it at him. The judge’s reaction is to tell the defendant, “Madam, if you do that again, I’ll commit you.” Comyn wins the case.

Comyn takes silk in 1961, and acquires a large practice as a senior, appearing in many high-profile cases. In 1964, he wins damages for libel for the former safe-breaker Alfred George Hinds against a Scotland Yard inspector by convincing the jury that Hinds is in fact innocent. In 1970, he successfully defends the Labour MP Will Owen, who is accused of providing information to the Czechoslovak intelligence services. In 1975, he defeats the government’s attempt to obtain an injunction against the publication of the diaries of former minister Richard Crossman.

Comyn is Recorder of Andover between 1964 and 1971 (honorary life recorder from 1972), commissioner of assize for the Western Circuit in 1971, and a Recorder of the Crown Court between 1972 and 1977. He is elected a bencher of the Inner Temple in 1968 and serves as chairman of the Bar council from 1973 to 1974.

Having refused a previous invitation by Quintin Hogg, Baron Hailsham of St. Marylebone to join the bench, Comyn is again nominated by Elwyn Jones, Baron Elwyn-Jones, in 1977, and is appointed a High Court judge in 1978, receiving the customary knighthood upon his appointment. Initially assigned to the Family Division, he does not take to the work and is reassigned to the Queen’s Bench Division in 1979. He has a reputation for leniency in sentencing, first acquired as Recorder of Andover. In 1980–81, he presides over an unsuccessful libel action by a member of the Unification Church, colloquially known as the Moonies, against the Daily Mail, the longest libel trial in England up to that time. His Irish background makes him the target of Irish Republican Army (IRA) action, and in 1981 the Provisional IRA burns his house in Tara.

Recurring bouts of depression lead to Comyn’s early retirement, on grounds of ill health, in 1985. In retirement, he divides his time between England and Ireland, whose citizenship he has retained. He writes a number of books, including memoirs, light verse, and books on famous trials. He also breeds Friesian cattle. He dies in Navan, County Meath on January 5, 1997, at age 75.


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Enactment of the Parliament (Qualification of Women) Act 1918

parliament-qualifications-of-women-act-1918

The Parliament (Qualification of Women) Act 1918, an Act of the Parliament of the United Kingdom, is given royal assent on November 21, 1918. It gives women over the age of 21 the right to stand for election as a Member of Parliament (MP). At 27 words, it is the shortest UK statute.

The Representation of the People Act 1918, passed on February 6, 1918, extends the franchise in parliamentary elections, also known as the right to vote, to women aged 30 and over who reside in the constituency or occupied land or premises with a rateable value above £5, or whose husbands do.

In March 1918, the Liberal Party MP for Keighley dies, causing a by-election on April 26. There is doubt as to whether women are eligible to stand for parliament. Nina Boyle makes known her intention to stand as a candidate for the Women’s Freedom League at Keighley and, if refused, to take the matter to the courts for a definitive ruling. After some consideration, the returning officer states that he is prepared to accept her nomination, thus establishing a precedent for women candidates. However, he rules her nomination papers invalid on other grounds: one of the signatories to her nomination is not on the electoral roll and another lives outside the constituency. The Lords of Appeal in Ordinary are asked to consider the matter and conclude that the Great Reform Act 1832 had specifically banned women from standing as parliamentary candidates and the Representation of the People Act had not changed that.

Parliament hurriedly passes the Parliament (Qualification of Women) Act in time to enable women to stand in the general election of December 1918. The act consists of only 27 operative words: “A woman shall not be disqualified by sex or marriage for being elected to or sitting or voting as a Member of the Commons House of Parliament.”

In the December 14, 1918, election to the House of Commons, seventeen women candidates stand, among them well-known suffragette Christabel Pankhurst, representing the Women’s Party in Smethwick. The only woman elected is the Sinn Féin candidate for Dublin St. Patrick’s, Constance Markievicz. However, in line with Sinn Féin abstentionist policy, she does not take her seat.

The first woman to take her seat in the House of Commons is Nancy Astor on December 1, 1919. She is elected as a Coalition Conservative MP for Plymouth Sutton on November 28, 1919, taking the seat her husband had vacated.

As Members of Parliament, women also gain the right to become government ministers. The first woman to become a cabinet minister and Privy Council member is Margaret Bondfield who is Minister of Labour in the second MacDonald ministry (1929–1931).