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


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Birth of UUP Politician Harold McCusker

harold-mccuskerJames Harold McCusker, Northern Ireland Ulster Unionist Party (UUP) politician who serves as the Deputy Leader of the UUP Assembly Group from 1982–1986, is born on February 7, 1940.

The youngest son of Jim and Lily McCusker, McCusker is born and raised in the heart of Lurgan, County Armagh, Northern Ireland. He is educated at Lurgan Model Primary School, Lurgan College and Stranmillis University College, before qualifying as a teacher. Before entering politics he works in industry, latterly with Goodyear, in their Craigavon Plant.

McCusker represents the Armagh constituency, and is first returned to the House of Commons of the United Kingdom at the February 1974 general election. He is returned again in October 1974 and in the 1979 election. In 1982 he tops the poll in Armagh in the Assembly election.

At the 1983 general election, McCusker is returned for the new seat of Upper Bann. Alongside other Unionist MPs, he resigns his seat in protest at the Anglo-Irish Agreement in 1985, in order to contest his seat again at the ensuing by-election. He is returned again at the 1987 general election, which proves to be his last as he dies of cancer in 1990, causing another by-election, which is won by future Ulster Unionist leader David Trimble.

McCusker is an Orangeman and staunch Unionist. Prior to his death in Portadown, County Armagh, Northern Ireland on February 12, 1990, five days after his 50th birthday, McCusker is expected to rise further in the Ulster Unionist Party and British political scenes, due to his ability and popularity among his peers and the wider public. He is a member of the Methodist Church in Ireland (Lurgan circuit).

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Fifth Amendment of the Constitution of Ireland

constitution-of-ireland-2The Fifth Amendment of the Constitution of Ireland, which is effected by the Fifth Amendment of the Constitution Act, 1972, is approved by referendum on December 7, 1972 and signed into law on January 5, 1973.

The amendment deletes the entirety of Article 44.1.2 which allowed the State to recognise the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.

Also deleted by the amendment is Article 44.1.3 which allowed the State to also recognise the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

In drafting the Irish constitution in 1936 and 1937, Éamon de Valera and his advisers choose to reflect what has been a contemporary willingness by constitution drafters and lawmakers in Europe to mention and in some ways recognise religion in explicit detail. This contrasts with many 1920s constitutions, notably the Constitution of the Irish Free State of 1922, which, following the secularism of the initial period following World War I, simply prohibits any discrimination based on religion or avoids religious issues entirely.

De Valera, his advisers, and the men who put words to de Valera’s concepts for the constitution face conflicting demands in his drafting of the article on religion. In contemporary terms, the Amendment marks a defeat for conservative Catholics and Pope Pius XI explicitly withholds his approval from it.

Though perceived in retrospect as a sectarian article, Article 44 is praised in 1937 by leaders of Irish Protestant churches, notably the Church of Ireland Archbishop of Dublin, and by Jewish groups. Conservative Catholics condemn it as “liberal.”

When the contents of Article 44 are put to Pope Pius XI by Cardinal Eugenio Pacelli, then Cardinal Secretary of State, later Pope Pius XII, the pope states in diplomatic language, “We do not approve, nor do we not disapprove – we will remain silent.” It is said that the Vatican is privately more appreciative of the constitution, and Pius XII later praises it.

The Fifth Amendment is introduced by the Fianna Fáil government of Jack Lynch and supported by every other major political party. The Catholic Church does not voice any objection to the amendment, but it is opposed by some conservative Catholics. Some leading members of the Church of Ireland and the Jewish Community say during the campaign that while they appreciate the Article’s recognition of their existence in 1937, it is no longer needed in the 1970s and has lost its usefulness.

The referendum on the amendment occurs on the same day as the referendum on the Fourth Amendment which lowers the voting age to eighteen. The Fifth Amendment is approved by 721,003 (84.4%) in favour and 133,430 (15.6%) against.

Having completed its passage through the Oireachtas and been adopted by the people, it is enacted by being signed into constitutional law by the President of Ireland, the man who had drafted the original article, Éamon de Valera.