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Tag Archives: Oath of Allegiance (Ireland)


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The Statute of Westminster 1931 Receives Royal Assent

The Statute of Westminster 1931, an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions (now called Commonwealth realms) and the Crown, receives royal assent on December 11, 1931.

The statute increases the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also binds them all to seek each other’s approval for changes to monarchical titles and the common line of succession. The statute is effective either immediately or upon ratification. It thus becomes a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removes nearly all of the British parliament’s authority to legislate for the Dominions, it is a crucial step in the development of the Dominions as separate, independent, and sovereign states.

The Irish Free State never formally adopts the Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 has already ended Westminster‘s right to legislate for the Irish Free State. The Constitution of the Irish Free State gives the Oireachtas “sole and exclusive power of making laws.” Hence, even before 1931, the Irish Free State does not arrest British Army and Royal Air Force deserters on its territory, even though the UK believes post-1922 British laws give the Free State’s Garda Síochána the power to do so. The UK’s Irish Free State Constitution Act 1922 says, however, “[n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions.”

Motions of approval of the Report of the Commonwealth Conference had been passed by Dáil Éireann and Seanad Éireann in May 1931 and the final form of the Statute of Westminster includes the Irish Free State among the Dominions the British Parliament cannot legislate for without the Dominion’s request and consent. Originally, the UK government wants to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State’s constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objects, although he promises that the Executive Council will not amend the legislation unilaterally. The other Dominions back Cosgrave and, when an amendment to similar effect is proposed at Westminster by John Gretton, parliament duly votes it down. When the statute becomes law in the UK, Patrick McGilligan, the Free State Minister for External Affairs, states, “It is a solemn declaration by the British people through their representatives in Parliament that the powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years.” He goes on to present the statute as largely the fruit of the Free State’s efforts to secure for the other Dominions the same benefits it already enjoys under the treaty. The Statute of Westminster has the effect of granting the Irish Free State internationally recognised independence.

Éamon de Valera leads Fianna Fáil to victory in the 1932 Irish general election on a platform of republicanising the Free State from within. Upon taking office, he begins removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance. De Valera initially considers invoking the Statute of Westminster in making these changes, but John J. Hearne advises him to not do so. Abolishing the Oath of Allegiance in effect abrogates the 1921 treaty. Generally, the British believe that this is morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore, a Southern Unionist from County Donegal, challenges the legality of the abolition in the Irish Free State’s courts and then appeals to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State has also abolished the right of appeal to the JCPC. In 1935, the JCPC rules that both abolitions are valid under the Statute of Westminster. The Irish Free State, which in 1937 is renamed Ireland, leaves the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948.

The Statute of Westminster’s modified versions are now domestic law in Australia and Canada. It has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms.


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Death of W. T. Cosgrave, First President of the Free State Executive Council

William Thomas Cosgrave, Irish Fine Gael politician who serves as the first president of the Executive Council of the Irish Free State (1922-32), dies in The Liberties, Dublin, on November 16, 1965. He also serves as Leader of the Opposition in both the Free State and Ireland (1932-44), Leader of Fine Gael (1934-44), founder and leader of Fine Gael’s predecessor, Cumann na nGaedheal (1923-33), Chairman of the Provisional Government of the Irish Free State (August 1922-December 1922), the President of Dáil Éireann (September 1922-December 1922), the Minister for Finance (1922-23) and Minister for Local Government (1919-22). He serves as a Teachta Dála (TD) (1921-44) and is a member of parliament (MP) for the North Kilkenny constituency (1918-22).

Cosgrave is born at 174 James’s Street, Dublin, on June 5, 1880, to Thomas Cosgrave, grocer, and Bridget Cosgrave (née Nixon). He is educated at the Christian Brothers School at Malahide Road, Marino, Dublin, before entering his father’s publican business. He first becomes politically active when he attends the first Sinn Féin convention in 1905.

At an early age, Cosgrave is attracted to the Irish nationalist party Sinn Féin. He becomes a member of the Dublin Corporation in 1909 and is subsequently reelected to represent Sinn Féin interests. He joins the Irish Volunteers in 1913, although he never joins the Irish Republican Brotherhood (IRB) because he does not believe in secret societies. When the group splits in 1914 upon the outbreak of World War I, he sides with a radical Sinn Féin minority against the constitutional nationalists led by John Redmond, who supports the British war effort.

Cosgrave takes part in the 1916 Easter Rising and is afterward interned by the British for a short time. In 1917, he is elected to Parliament for the city of Kilkenny. In the sweeping election victory of Sinn Féin in the 1918 United Kingdom general election, he becomes a member of the First Dáil. He is made Minister for Local Government in the first republican ministry, and during the Irish War of Independence (1919–21) his task is to organize the refusal of local bodies to cooperate with the British in Dublin.

Cosgrave is a supporter of the 1921 Anglo-Irish Treaty settlement with Great Britain, and he becomes Minister of Local Government in Ireland’s provisional government of 1922. He replaces Michael Collins as Chairman of the Provisional Government when the latter becomes commander-in-chief of the National Army in July 1922. He also replaces Arthur Griffith as president of the Dáil after Griffith’s sudden death on August 12, 1922. As the first president of the Executive Council of the Irish Free State, he, who had helped found the political party Cumann na nGaedheal in April 1923 and became its leader, represents Ireland at the Imperial Conference in October 1923. A month earlier he is welcomed as Ireland’s first spokesman at the assembly of the League of Nations.

Cosgrave’s greatest achievement is to establish stable democratic government in Ireland after the Irish Civil War (1922–23). In the Dáil there is no serious opposition, since the party headed by Éamon de Valera, which refuses to take the oath prescribed in the treaty, abstains from attendance. But neither Cosgrave nor his ministry enjoy much popularity. Order requires drastic measures, and taxation is heavy and sharply collected. He seems sure of a long tenure only because there is no alternative in sight.

In July 1927, shortly after a general election, the assassination of Kevin O’Higgins, the vice president, produces a crisis. The Executive Council introduces a Public Safety Act, which legislates severely against political associations of an unconstitutional character and introduces a bill declaring that no candidature for the Dáil should be accepted unless the candidate declares willingness to take a seat in the Dáil and to take the oath of allegiance. The result of this measure is that de Valera and his party decide to attend sessions in the Dáil, and, since this greatly alters the parliamentary situation, Cosgrave obtains leave to dissolve the assembly and hold a general election. The September 1927 Irish general election leaves his party numerically the largest in the Dáil but without an overall majority. He continues in office until de Valera’s victory at the 1932 Irish general election. Cumann na nGaedheal joins with two smaller opposition parties in September 1933 to form a new party headed by Cosgrave, Fine Gael (“Irish Race”), which becomes Ireland’s main opposition party. In 1944 he resigns from the leadership of Fine Gael.

Cosgrave dies on November 16, 1965, at the age of 85. The Fianna Fáil government under Seán Lemass awards him the honour of a state funeral, which is attended by the Cabinet, the leaders of all the main Irish political parties, and Éamon de Valera, then President of Ireland. He is buried in Goldenbridge Cemetery in Inchicore, Dublin. Richard Mulcahy says, “It is in terms of the Nation and its needs and its potential that I praise God who gave us in our dangerous days the gentle but steel-like spirit of rectitude, courage and humble self-sacrifice, that was William T. Cosgrave.”

While Cosgrave never officially holds the office of Taoiseach (prime minister), Ireland considers him to be its first Taoiseach due to having been the Free State’s first head of government.

Cosgrave’s son, Liam, serves as a TD (1943-81), as leader of Fine Gael (1965-77) and Taoiseach (1973-77). His grandson, also named Liam, also serves as a TD and as Senator. His granddaughter, Louise Cosgrave, serves on the Dún Laoghaire–Rathdown County Council (1999-2009).

In October 2014, Cosgrave’s grave is vandalised, the top of a Celtic cross on the headstone being broken off. It is again vandalised in March 2016.


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Passage of the Constitution (Removal of Oath) Act 1933

The Constitution (Removal of Oath) Act 1933 (act no. 6 of 1933, previously bill no. 2 of 1932), an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State and the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, is passed on May 3, 1933. The Act removes the Oath of Allegiance required of members of the Oireachtas and of non-Oireachtas extern ministers.

The oath, pledging allegiance to the Constitution and fidelity to George V as King of Ireland, is required by the Anglo-Irish Treaty signed in 1921, and has been the symbolic focus of Irish republican opposition to the Treaty in the 1922–23 Irish Civil War. When Fianna Fáil is founded in 1926 by veterans of the losing anti-Treaty side in the Civil War, abolishing the oath is a core aim. It is a main item in the manifesto for its successful 1932 Irish general election campaign, after which it forms a minority government whose first action is to introduce the Constitution (Removal of Oath) Bill 1932. Seanad Éireann has more ex-unionists and others conciliatory towards the United Kingdom and vote to reject the bill unless the Treaty can be amended by agreement. After the 1933 Irish general election, the Fianna Fáil majority government is able to override the Seanad and enact the law.

As well as amending the Constitution, the 1933 act also amends the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, which had both created the Constitution in Irish law and also prohibited any Constitutional amendment incompatible with the Treaty. Since the Free State cannot unilaterally amend the Treaty, Fianna Fáil amends the 1922 act to remove the Treaty’s precedence over the Constitution. Later constitutional amendments are also incompatible with the terms of the Treaty, in particular by weakening and ultimately abolishing the office of Governor-General of the Irish Free State. There is legal controversy over whether the Oireachtas has the power to amend the 1922 act, because it had been passed by the Third Dáil sitting as a constituent assembly before the Oireachtas had come into being. In 1935 the Judicial Committee of the Privy Council (JCPC) in London rules that, in British law, the Oireachtas does have the power, under the Statute of Westminster 1931. Irish jurisprudence takes issue with many of the assumptions underlying the 1935 decision.

The question is rendered moot with the adoption of the Constitution of Ireland in 1937 which repeals the Free State Constitution. The 1933 act is itself repealed as spent by the Statute Law Revision Act 2016.

(Pictured: Great Seal of the Irish Free State)


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Birth of Irish Politician Mary MacSwiney

Mary MacSwiney, Irish politician and educationalist, is born in London on March 27, 1872, to an Irish father and English mother. In 1927, she becomes leader of Sinn Féin when Éamon de Valera resigns from the presidency of the party.

MacSwiney returns to Ireland with her family at the age of six and is educated at St. Angela’s School in Cork. At the age of twenty, she obtains a teaching post at a private school in England and studies for a Teaching Diploma at the University of Cambridge, which is normally reserved for men.

Influenced by her younger brother Terence MacSwiney‘s staunch Irish republicanism, MacSwiney joins the Gaelic League and Inghinidhe na hÉireann. She is a founder member of Cumann na mBan when it is formed in 1914 in Cork and becomes a National Vice-President of the organisation. She leads the denunciation of British rule at the Convention of November 1914. In 1916, she is arrested and imprisoned following the Easter Rising and is also dismissed from her teaching position due to her republican activities. Several months later, upon her release from prison, she and her sister Annie re-found Scoil Íte, a sister school to Patrick Pearse‘s St. Enda’s School, and she remains involved with the school for the rest of her life.

MacSwiney supports the Irish War of Independence in 1919–21. After the death of her brother Terence in October 1920 on hunger strike during the height of the war, she is elected for Sinn Féin to the Cork Borough constituency in 1921. She gives evidence in Washington, D.C., before the American Commission on Conditions in Ireland. For nine months she and Terence’s widow, Muriel, tour the United States lecturing and giving interviews.

MacSwiney is active in her friendship with Harry Boland and de Valera, whom she cultivates assiduously. In October 1921, a second delegation is to be sent to London which for the first time includes Michael Collins. MacSwiney, who remains implacably opposed, pleads with de Valera to be allowed to go. She is refused as de Valera thinks her to be “too extreme.” She strongly opposes the Anglo-Irish Treaty, debating during December 1921 to January 1922 to resume the war. On December 21 she speaks for three hours, criticising the agreement from all angles.

MacSwiney is arrested at Nell Ryan’s home, a safe house, at 40 Herbert Park, Ballsbridge, on November 4, 1922, when it is raided by Free State soldiers. She is interned at Mountjoy Gaol and immediately goes on hunger strike. Cumann na mBan organizes vigils outside the prison in protest of Mary’s and the others internment. The Women’s Prisoner’s Defence League is formed in August 1922 to protect their rights. During the hunger strike she refuses doctor’s visits and is resigned to her death. Her condition is critical, and she is given the Last Rites by a Catholic priest. The Government is not prepared to allow strikers die, so she is released.

En route to Liam Lynch‘s funeral, MacSwiney is again arrested when the car in which she is riding is stopped and she is recognised. She is taken with Kate O’Callaghan to Kilmainham Gaol. Fearless of death, she begins another protest. They continued to be interned without charge, but it is explained she is distributing anti-government propaganda. After nineteen days of hunger strike, she is due to be released on April 30, 1923. The Governor allows O’Callaghan to go but stays a decision on MacSwiney. Most of the women on hunger strike are sent to the North Dublin Union.

MacSwiney retains her seat at the 1923 Irish general election and, along with other Sinn Féin members, refuses to enter the Dáil Éireann.

In March 1926 the party holds its Ardfheis. MacSwiney and Father Michael O’Flanagan lead the section from which Éamon de Valera and Fianna Fáil break away. De Valera has come to believe that abstentionism is not a workable tactic and now sees the need to become the elected government of the Dáil. The conference instructs a joint committee of representatives from the two sections to arrange a basis for co-operation. That day, it issues a statement declaring “the division within our ranks is a division of Republicans.” The next day, de Valera’s motion to accept the Free State Constitution, contingent upon the abolition of the Oath of Allegiance, narrowly fails by a vote of 223 to 218. However, de Valera takes the great majority of Sinn Féin support with him when he founds Fianna Fáil.

MacSwiney continues to maintain a republican position until her death. By then she is vice-president of Sinn Féin and Cumann na mBan but loses her seat at the June 1927 Irish general election. When lack of funds prevents Sinn Féin contesting the second election called that year, MacSwiney declares “no true Irish citizen can vote for any of the other parties.”

Mary MacSwiney dies at her home in Cork on March 8, 1942. Her stance, both before and after the Treaty, may be summed up by her statement, “A rebel is one who opposes lawfully constituted authority and that I have never done.”


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Establishment of the Irish Free State

free-state-executive-council

The Irish Free State (Irish: Saorstát Éireann), an independent state established under the Anglo-Irish Treaty of December 1921, comes into being on December 6, 1922. The treaty ends the three-year Irish War of Independence between the forces of the self-proclaimed Irish Republic, the Irish Republican Army (IRA), and British Crown forces.

The Free State is established as a Dominion of the British Commonwealth of Nations. For one day, it encompasses all thirty-two counties of Ireland. Northern Ireland, which is comprised of the six northernmost counties, exercises its right under the Treaty to opt out of the new state on December 7.

The Free State government consists of the Governor-General, the representative of the king, and the Executive Council, which replaces both the revolutionary Dáil Government and the Provisional Government set up under the Treaty. W. T. Cosgrave, who had led both of these governments since August 1922, becomes the first President of the Executive Council. The legislature consists of Dáil Éireann, the lower house, and Seanad Éireann, also known as the Senate. Members of the Dáil are required to take an Oath of Allegiance, swearing fidelity to the king. The oath is a key issue for opponents of the Treaty, who refuse to take the oath and therefore do not take their seats. Pro-Treaty members, who form Cumann na nGaedheal in 1923, hold an effective majority in the Dáil from 1922 to 1927, and thereafter rule as a minority government until 1932.

In the first months of the Free State, the Irish Civil War is waged between the newly established National Army and the anti-Treaty IRA, who refuse to recognise the state. The Civil War ends in victory for the government forces, with the anti-Treaty forces dumping its arms in May 1923. The anti-Treaty political party, Sinn Féin, refuses to take its seats in the Dáil, leaving the relatively small Labour Party as the only opposition party. In 1926, when Sinn Féin president Éamon de Valera fails to have this policy reversed, he resigns from Sinn Féin and founds Fianna Fáil. Fianna Fáil enters the Dáil following the 1927 general election, and enters government after the Irish general election of 1932, when it becomes the largest party.

De Valera abolishes the Oath of Allegiance and embarks on an economic war with Britain. In 1937 he drafts a new constitution, which is passed by a referendum in July of that year. The Free State comes to an end with the coming into force of the new constitution on December 29, 1937. Under the new constitution the Irish state is named Ireland.

(Pictured: The Executive Council of the Irish Free State, October 1928)


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The Founding of Fianna Fáil

fianna-fail

Fianna Fáil, the centrist to centre-right and conservative political party in the Republic of Ireland, is founded on March 23, 1926, after a split with Sinn Féin on the issue of abstentionism. Historically, Fianna Fáil has been seen as to the left of Fine Gael and to the right of Sinn Féin and the Labour Party. It is generally seen as a “catch all” populist party, representing a broad range of people from all social classes.

When his motion calling for elected members to be allowed to take their seats in Dáil Éireann if and when the controversial Oath of Allegiance is removed fails to pass at the Sinn Féin Ardfheis in 1926, Éamon de Valera resigns from the presidency of the party and, with Seán Lemass, Constance Markievicz, and others, forms a new party, Fianna Fáil (The Warriors of Destiny), a party that is to dominate 20th-century Irish politics. The party adopts its name on April 2 of the same year.

Though the new party is also opposed to the Treaty settlement, it adopts a different approach of aiming to make the Irish Free State a republic. Fianna Fáil’s platform of economic autarky has appeal among the farmers, working-class people, and the poor, whilst alienating more affluent classes.

From the formation of the first Fianna Fáil government on March 9, 1932, until the election of 2011, the party is in power for 61 of 79 years. Its longest continuous period in office is 15 years and 11 months (March 1932 – February 1948). Its single longest period out of office in the 20th century, is four years and four months (March 1973 – July 1977). Seven of the party’s eight leaders, including de Valera, serve as Taoiseach.

Fianna Fáil joins the Alliance of Liberals and Democrats for Europe (ALDE) party on April 16, 2009, and the party’s Members of the European Parliament (MEPs) sit in the ALDE Group during the 7th European Parliament term from June 2009 until 1 July 1, 2014. The party is an observer affiliate of the Liberal International.

It is the largest party in the Dáil at every general election from the 1932 general election until the 2011 general election, when it suffers the worst defeat of a sitting government in the history of the Irish state. This loss is described as “historic” in its proportions, and “unthinkable.” The party moves from being the largest party to the third-largest party in the Dáil.