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Tag Archives: Offenses Against the State Acts 1939-1998


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Birth of Gerald Boland, Fianna Fáil Politician

Gerald Boland, an Irish Fianna Fáil politician, is born in Manchester, England, on May 25, 1885.

Boland is the son of James Boland and Kate Boland (née Woods). He is the second child and eldest son among three sons (including Harry Boland) and two daughters of the couple. His family on both sides are staunch Irish Nationalists. His father is a Fenian in his younger days, a devout follower of Charles Stewart Parnell, and later a member of the Irish Republican Brotherhood (IRB). His father also has ties to the Irish National Invincibles, and his association with them causes him to have to flee to New York City for a time.

After his national school education, Boland attends the O’Brien Institute in Fairview, Dublin. He leaves school at fifteen and becomes an apprentice fitter at Broadstone railway station. Instead of attending his studies to secure an engineering diploma, he takes Irish language and history classes at night. Despite this, he passes his engineering exams.

Boland is enrolled in the IRB along with his younger brothers Harry in 1904, following in the footsteps of his father. He and his brothers Harry and Ned subsequently join the Irish Volunteers when that organisation is established in 1913, serving in the same company as Arthur Griffith. When news breaks out of the Easter Rising in 1916 he immediately leaves his job, however, he is bitterly disappointed when he finds out that the order has been countermanded. When the rebellion begins in earnest on Easter Monday, he makes his way to Jacob’s Mill where he fights under Thomas MacDonagh. Following the official surrender, he is arrested and interned at Frongoch internment camp in Wales, where he comes into contact with other notable revolutionary leaders, including his brother Harry’s friend Michael Collins.

Boland is released after a general amnesty in December 1916, however, he remains involved in revolutionary circles, although he declines to rejoin the IRB, believing the organisation is no longer needed. He is arrested and imprisoned in Belfast from May to December 1918 for practising military drills in the Dublin Mountains. Meanwhile, a number of his colleagues secure their release by winning seats in the 1918 United Kingdom general election.

During the Irish War of Independence, Boland is Battalion Commandant of 7 Battalion, Dublin Brigade, Irish Republican Army (IRA) and is known as “Trotsky” for his left-wing views.

Boland and his brothers are opposed to the Anglo-Irish Treaty of 1921. He is Battalion Commandant of 3 Battalion, 2 Dublin Brigade (South Dublin) in Blessington, County Wicklow, but is captured early on in the Irish Civil War on July 7, 1922, and is interned until his release in July 1924. On the outside, his brother Harry dies some days after being shot, in August 1922, after two National Army officers attempt to arrest him at the Grand Hotel in Skerries, County Dublin. Boland applies to the Irish government for a service pension under the Military Service Pensions Act of 1934 and is awarded 11 and 5/12 years of service at Grade C for his service with the Irish Volunteers and the IRA between April 1, 1916 and September 30, 1923.

Following the end of the Irish Civil War, Boland helps to build up Sinn Féin as the main Republican party. While still imprisoned, he is selected to stand for Dáil Éireann as the Teachta Dála (TD) for Roscommon, Harry’s old seat, for the 1923 Irish general election, in which he is successful. He is among those in Kilmainham Gaol who go on hunger strike in October 1923. The hunger strike does not result in his release and he credits his practice of yoga with keeping him alive at the time.[3]

Boland is eventually released from the custody of the state in July 1924. Upon his release, he becomes secretary of Sinn Féin and stands on the executive of the party.

Boland is among the first in Sinn Féin to call for an end to the party’s abstentionism from Dáil Éireann, believing it to be a political dead end. Party leader Éamon de Valera proposes that the party abandon this policy and take their seats in the Dáil if changes are made to the oath of allegiance to the British monarch. His proposal is defeated and de Valera and his supporters, including Boland, leave Sinn Féin. Shortly after this split, a new party emerges called Fianna Fáil, with de Valera acting as leader and the other disillusioned Republican TDs joining. Boland is vital in transferring many members from Sinn Féin to Fianna Fáil. Fianna Fáil briefly also has an abstentionist policy but in 1927 a new law forces Fianna Fáil TDs to take the oath of allegiance and take their seats in the Dáil. Fianna Fáil dismisses the oath as “an empty formula.”

Boland works alongside Seán Lemass in building up Fianna Fáil’s grassroots support and organisation, giving particular attention to the party’s rural apparatus. In the September 1927 Irish general election Fianna Fáil comes within four seats of the ruling Cumann na nGaedheal party. The latter forms a coalition of sorts with the Farmers’ Party and returns to government.

Following the 1932 Irish general election, Fianna Fáil forms a new government. Boland is appointed Government Chief Whip, a position which allows him to attend cabinet meetings but not vote at them.

Fianna Fáil remains in power with an increased mandate following the 1933 Irish general election and Boland is promoted to the position of Minister for Posts and Telegraphs. Despite being the Minister in charge of the postal service, he does not own a telephone until some time later. During his tenure, the postal service makes considerable progress. It is also during this time that the Post Office becomes a paying concern. During his time as minister, he oversees a major expansion of the telephone service in Ireland, improvements in the transmission capacity of Radio Éireann, and construction of new provincial post offices and a new central postal sorting office.

Boland is acting Minister for Justice briefly for a time when P. J. Ruttledge is ill. It is during this time that he declares the Irish Republican Army a proscribed organisation.

A cabinet reshuffle in 1936 sees Boland become Minister for Lands. The Land Act 1939 reforms land distribution, broadening the criteria by which the state can take control over undeveloped land while offering the tenant of the land more favourable terms of compensation. He is critical of the policy of the Minister for Industry and Commerce, Seán Lemass, of centralising industrial development in Dublin. He instead wishes to see a more decentralised economy based around food production. The differing viewpoint causes a rift between Boland and Lemass, but despite this Boland favoured Lemass’s policy of state intervention in the economy over Seán MacEntee‘s more laissez-faire approach.

In 1937 Boland is highly vocal during the drafting of a new constitution of Ireland by Fianna Fáil against any word which would give the Catholic Church special status, something heavily considered at the time. He declares that if the constitution elevates the position of the Catholic Church above others, it would be sectarian, anti-republican, and a hindrance to any prospects of Irish reunification. As a compromise, the term “special position” is used in the approved text of the Constitution.

Following the outbreak of World War II in 1939, known in Ireland as the Emergency, there is a cabinet reshuffle, and Boland is appointed as Minister for Justice. He takes over at a time when the IRA has once again declared war against the British state and has begun their Sabotage Campaign. He is charged with the task of crushing the organisation and preventing the IRA from drawing the Irish state into conflict with the United Kingdom. Although he always considers himself a republican, he takes a hardline against the IRA and uses his powers to order the internment of hundreds of IRA members before introducing military courts and special criminal courts.

In 1940, several imprisoned IRA members go on hunger strike but Boland refuses to grant their release. Two of the men eventually die, one of whom is the nephew of one of his Fianna Fáil colleagues. Tony D’Arcy dies at the age of 32 on April 16, 1940, as a result of a 52-day hunger strike, and Jack McNeela dies three days later after 55 days on hunger strike. These deaths spark reprisals by the IRA on the Garda Síochána. Boland subsequently introduces tougher measures by setting up a military court with the death penalty and no provision for appeal except for a review by the government. In all, twelve men are found guilty with six of them facing death and the remaining six having their sentences changed to imprisonment. Among those executed is Charlie Kerins, an acting Chief of Staff of the IRA.

As Minister of Justice, Boland is also asked to enforce policies of wartime censorship, however, finding the idea of the state censorship distasteful he establishes a censorship board to avoid accusations of bias.

During the Emergency, Boland is also responsible for the detention of several foreign agents in pursuit of Ireland’s strict policy of neutrality. During this time some 500 individuals are interned and 600 are sentenced under the newly introduced Offences against the State Act, 1939. By 1943 the IRA is in disarray, particularly after the Chief of Staff is arrested and imprisoned, leaving the organisation without leadership. Boland and Fianna Fáil feel their hardline is backed by the electorate following strong returns for the party at the 1944 Irish general election.

In 1947, Boland is among four leading Fianna Fáil figures (including de Valera) involved in the “Locke’s Distillery Scandal”, an accusation brought by Oliver J. Flanagan that foreign businessmen are bribing members of Fianna Fáil to gain the right to purchase the distillery. A tribunal of inquiry finds no evidence to support the claims, but the event taints the public’s view of Fianna Fáil.

By 1948, Fianna Fáil has been in government for an uninterrupted 16 years. With World War II finally over, the electorate seeks change and a fresh start. Arising to meet this desire is the new political party Clann na Poblachta. Led by Seán MacBride, this new party seeks to kick off a new post-war political era in Ireland, and to do this means removing Fianna Fáil from power. Many in Clann na Poblachta have republican backgrounds and in some ways, the party can be partially described as an organic reaction to Fianna Fáil and Boland’s hardline stance during the war years. Many in political circles, including inside Fianna Fáil, believe Clann na Poblachta can be a new force to reckon with.

However, de Valera always holds a reputation for being cunning in selecting the dates of general elections, and he once again cements that notion, when he calls for a general election in early 1948 before Clann na Poblachta is completely ready to contest a national election. At the 1948 Irish general election Clann na Poblachta and other Fianna Fáil opponents do well, but not as well as expected. To remove Fianna Fáil from government, every single party in the Dáil and several independents have to form the unwieldy “First Inter-Party Government.” The coalition sees Clann na Poblachta forced to work with Fine Gael, considered the traditional “enemy” of Irish republicanism. By 1951, the coalition collapses and Fianna Fáil returns to government following that year’s election, with Boland re-appointed Minister for Justice.

Boland does not seek ministerial office in 1957 when Fianna Fáil returns to power after its defeat in 1954. However, his son, Kevin, is appointed to the cabinet as Minister for Defence at the beginning of his first term in the Dáil. By this stage, Boland is beginning to be seen as an aging warhorse, with his base in Roscommon starting to slip and Fianna Fáil unhappy that he is unable to get a Fianna Fáil running mate elected alongside himself.

At the 1961 Irish general election, Boland is defeated for the first time in fourteen general election campaigns. Despite losing his Dáil seat, he subsequently secures election to Seanad Éireann. Four years later in 1965, he returns to the Seanad, this time as a nominee by the Taoiseach Seán Lemass.

In 1970, the outbreak of the Arms Crisis sees Kevin Boland resign as a Minister and as Secretary of Fianna Fáil in protest at the government’s policy on Northern Ireland and in response to the sackings of Charles Haughey and Neil Blaney from the cabinet over allegations they had arranged for weapons to be provided to the Provisional IRA. Gerald Boland, in a similar protest, resigns as a vice president and as a trustee of Fianna Fáil, although he remains a member of the party. He also articulates his loss of confidence in the leadership of Taoiseach Jack Lynch.

Boland dies in Dublin at the age of 87 on January 5, 1973. He is buried in the republican plot in Glasnevin Cemetery, Glasnevin, County Dublin. His wife, Annie Boland, predeceases him in 1970. He is survived by his three daughters and four sons.


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Birth of Desmond “Des” O’Malley, Irish Politician

Desmond Joseph “Des” O’Malley, Fianna Fáil and Progressive Democrats politician, is born on February 2, 1939, in Limerick, County Limerick.

O’Malley is born into a storied Limerick political family. His maternal grandfather, Denis O’Donovan, is killed during the Irish War of Independence by the Black and Tans, two of his uncles and his father hold the office of Mayor of Limerick, and his uncle Donogh O’Malley is a Minister for Education. He is educated at the Jesuit Crescent College and at University College Dublin (UCD), from which he graduates with a degree in law in 1962.

In 1968, O’Malley enters politics upon the sudden death of his uncle Donogh who, at that the time, is the sitting Minister for Education. He is chosen after Donogh’s widow, Hilda, still in shock at the sudden death of her husband, turns down the opportunity to contest the by-election necessitated by his death.

O’Malley is subsequently elected as a Fianna Fáil TD for the Limerick East constituency in the by-election. Perhaps the first sign of the defiance that would define his career materialises during the 1969 Irish general election when Hilda asks her nephew to step aside and allow her to contest in the Limerick East constituency as the main Fianna Fáil candidate. He refuses and places third in the four-seat constituency, with his aunt, running as an independent, coming in fifth.

Following the general election, O’Malley is appointed Parliamentary Secretary to both Minister for Defence Jim Gibbons and Taoiseach Jack Lynch and serves as Government Chief Whip. In his role as a confidante of Lynch, the political lines within Fianna Fáil that put him on a collision course of over twenty years with Charles Haughey, are drawn. He plays a central role in the Arms Crisis prosecutions of Haughey and Neil Blaney in 1970. After their acquittals, the stage is set within Fianna Fáil for a long-term power struggle that eventually results in O’Malley’s expulsion from the party in 1984.

In the meantime, O’Malley’s next position within Lynch’s government comes when he is made Minister for Justice after Mícheál Ó Móráin is forced to resign due to ill-health. One of the most significant aspects of his legacy transpires during his tenure as Minister for Justice from 1970 to 1973. In response to the ongoing conflict in Northern Ireland, he tries and fails to introduce internment without trial for republicans within the State. He is, however, successful in reintroducing the Offences Against the State Act, which enables convictions for Irish Republican Amy (IRA) membership on the word of a Garda Superintendent, and the Special Criminal Court, a non-jury court presided over by three judges which tries cases of terrorism and serious organised crime.

When Lynch resigns the Fianna Fáil leadership following electoral defeat in 1979, O’Malley and Martin O’Donoghue manage the leadership campaign of George Colley, who subsequently loses to Haughey. Following Haughey’s ascent to leadership, O’Malley retains the industry and commerce ministerial portfolio he had been appointed to following the 1977 Irish general election.

In 1982, after Fianna Fáil loses its majority but stays in government by virtue of a confidence and supply agreement with Sinn Féin – The Workers Party and two independents, O’Malley is appointed Minister for Trade, Commerce and Tourism, but with the death of Colley and the loss of O’Donoghue’s seat, he becomes increasingly isolated within Fianna Fáil.

After the party whip is removed from him in 1984, amidst inter-party wrangling over the New Ireland Forum, O’Malley is expelled from the party the following year, the final straw being his famous “I stand by the Republic” speech in which he announces his intention to abstain on a vote regarding the liberalisation of the sales of contraceptives, which Fianna Fáil opposes.

O’Malley goes on to establish the Progressive Democrats, joined by Mary Harney (who had also been expelled by Fianna Fáil), and later by Fianna Fáil TDs Bobby Molloy and Pearse Wyse, as well as Fine Gael TD Michael Keating. In the 1987 Irish general election, the Progressive Democrats win fourteen seats, making them the third biggest party in the Dáil. Among those elected are O’Malley, his cousin Patrick O’Malley, Anne Colley, daughter of George Colley, Martin Gibbons, son of Jim Gibbons, Michael McDowell and Martin Cullen.

O’Malley’s animus for Haughey does not stop him from entering coalition with Fianna Fáil after the 1989 Irish general election, with him once again appointed Minister for Industry and Commerce. While in government, he finally witnesses the downfall of Haughey in 1992, when he is forced to resign over the emergence of new evidence concerning his tapping of journalists’ phones in the 1980s. The coalition with Fianna Fáil does not last long under new Taoiseach Albert Reynolds, with the Government collapsing after Reynolds accuses O’Malley of dishonesty during the Beef Tribunal.

O’Malley retires as leader of the Progressive Democrats in 1993, and the party moves into opposition, only to re-enter government with Fianna Fáil in 1997, where it remains upon O’Malley’s retirement from politics in 2002.

While the Progressive Democrats no longer exist, they are generally credited with the breaking up of the Fianna Fáil versus Fine Gael dichotomy of Irish politics that had dominated since the founding of the Free State. Since 1922, Irish governments have tended to be either single-party Fianna Fáil cabinets, be they minority or majority, or Fine Gael-led coalitions, typically involving the Labour Party. A Fine Gael-Labour coalition is in power at the time of the founding of the Progressive Democrats, and a single-party government or clear majority has not been won in Ireland since.

O’Malley dies in Dublin on July 21, 2021, at the age of 82, having been in poor health for some time. He is predeceased by his wife, Pat, and survived by their six children, four daughters including the former TD Fiona O’Malley, and two sons.

Perhaps O’Malley’s greatest legacy is the political reality of Ireland today: the low-tax, pro-business economic policies of the Progressive Democrats have been the dominant ideology in the State since the 1990s. Sinn Féin, the party most affected by his measures as Minister for Justice, no longer vote against the retention of the Offences Against the State Act and Special Criminal Court.

(From: “Desmond O’Malley: 1939-2021,” eolas Magazine, http://www.eolasmagazine.ie, August 2021)


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The January 1973 Sackville Place Bombing

The fourth of four paramilitary bombings in the centre of Dublin takes place in Sackville Place on January 20, 1973.

The first bombing takes place in Burgh Quay on November 26, 1972. The next two bombings take place on December 1, 1972, in Eden Quay and Sackville Place. Three civilians are killed and 185 people are injured in the four bombings. No group has ever claimed responsibility for the attacks, and nobody has ever been charged in connection with the bombings.

On Saturday, January 20, 1973, at 3:08 p.m., a male caller with an English accent calls the telephone exchange in Exchequer Street, Dublin, with the following bomb warning: “Listen love, there is a bomb in O’Connell Street at the Bridge.” Although the call is placed from a coin box in the Dublin area, the exact location is never determined. The receiver of the call immediately contacts the Garda Síochána. The streets of central Dublin are more crowded than usual as Ireland is playing the All Blacks at an international rugby match being held that afternoon in Lansdowne Road.

At 3:18 p.m., a man leaving Kilmartin’s betting shop in Sackville Place notices smoke or steam emanating from the boot of a red Vauxhall Victor car parked outside Egan’s pub facing the direction of O’Connell Street. Its registration number was EOI 1229. About five seconds later the bomb inside the red car’s boot explodes, scattering sections of the vehicle and throwing the man off his feet. The explosion is so powerful that it hurls the car’s roof over adjacent Abbey Street where it lands in Harbour Place. The right-hand rear hub and axle sections are blasted through a metal grill on a shop window.

A CIÉ bus conductor, 21-year-old Thomas Douglas, originally from Stirling, Scotland, is passing the betting shop just as the bomb goes off and the force of the blast hurls him through a shop front window where he dies minutes later of shock and hemorrhage from the multiple injuries he received in the explosion. The entire shop front is devastated and spattered with blood. Fourteen people are badly injured in the bombing which causes bedlam as hysterical Saturday afternoon shoppers seek to flee the area in panic and confusion. The car bomb detonates at almost the exact location of the December 1 bomb. Later eyewitness accounts suggest that the car had been parked at the curb several hours before it exploded. According to journalists Jim Cusack and Henry McDonald in their book UVF: The Endgame (Poolbeg Press, 2008), the bomb is designed to cause widespread chaos and alarm throughout the city, and to inflict massive injuries upon shoppers and pedestrians as Saturday is traditionally the busiest shopping day of the week for Dubliners.

Suspicion initially falls on the Provisional Irish Republican Army (IRA) and other republican groups. Shortly afterwards, however the blame shifts to loyalist paramilitary organisations, in particular, the Ulster Volunteer Force (UVF). Gardaí receives a telephone call from a male caller in Belfast who gives the names of five men who he claims are responsible for January 20 car bombing. The caller says that the five men were originally from Belfast’s Sailortown area but had since relocated to new housing estates in the city. It is not known what action, if any, was ever undertaken by the Garda Síochána to follow up this telephone call. The UVF has never admitted responsibility for the bombing.

Irish Supreme Court Justice Henry Barron commissions an official inquiry into the four bombings. The findings are published in a report in November 2004. The Inquiry concludes that it “seemed more likely than not” that the bombing of the Film Centre Cinema on November 26, 1972, was “carried out by Republican subversives as a response to a Government ‘crackdown’ on the IRA and their associates” and to influence the outcome of the voting in the Dáil regarding the passage of the controversial amendment to the Offences Against the State Acts. Regarding December 1, 1972, and January 20, 1973, car bombings, the Inquiry concludes that confidential information obtained by the Gardaí indicates the three attacks were perpetrated by the UVF, “but no evidence was ever found to confirm this. Nor was there any evidence to suggest the involvement of members of the security forces in the attacks.”