The First Amendment of the Constitution Act 1939 amends the Constitution of Ireland to extend the constitutional definition of “time of war” to include a period during which a war occurs without the state itself being a direct participant. It is introduced and signed into law on September 2, 1939, the day after the Invasion of Poland by Germany and allows the government to exercise emergency powers during World War II, known in Ireland as The Emergency, although the state is neutral.
Article 28.3.3° of the Constitution grants the state sweeping powers during a state of emergency, but in the form in which the article is adopted in 1937, they can be invoked only during a “time of war or armed rebellion.” The First Amendment specifies that “time of war” can include an armed conflict in which the state is not actually taking part.
The amendment is introduced by the Fianna Fáil government of Éamon de Valera on September 2, 1939, and passes swiftly through both houses of the Oireachtas. Unlike later amendments, the First and Second Amendments are not submitted to a referendum because under the terms of Article 51, one of the Transitory Provisions of the Constitution, the Constitution can be amended by a vote of the Oireachtas alone from 1938 to 1941.
The First Amendment is passed only in English. This creates a constitutional difficulty, as the Irish text of the Constitution has legal precedence. The error is rectified by the Second Amendment, passed in 1941, which includes in its provisions, at Reference No. 21, the Irish text of the First Amendment.
The Emergency Powers Act 1939 is passed and signed on the same day as the First Amendment. Further Acts are passed over the course of World War II. The Emergency Powers Act 1976 is passed in response to The Troubles.
Article 28.3.3º is amended on two further occasions. The Second Amendment, passed in 1941, also under Article 51, clarifies that emergency provisions must be within the time of war or armed rebellion itself and add a clause at the end of the last sentence, which specifies that a “time of war” can extend beyond the termination of hostilities. The Twenty-first Amendment, passed in 2001, prohibits the use of the death penalty in a new subsection in Article 15.5.2º, and provides that the emergency provisions of the Constitution cannot be used to allow the death penalty.
Garret FitzGerald succeeds Charles Haughey to become the eighth Taoiseach of Ireland on June 30, 1981. He serves in the position from June 1981 to March 1982 and December 1982 to March 1987.
FitzGerald joins Fine Gael, attaching himself to the liberal wing of the party. and in 1969 is elected to Dáil Éireann, the lower house of the Oireachtas, the Irish parliament. He later gives up his university lectureship to become Minister for Foreign Affairs in the coalition government of Liam Cosgrave (1973–1977). When the coalition government is resoundingly defeated in the 1977 Irish general election, Cosgrave yields leadership of Fine Gael to FitzGerald. In his new role as Leader of the Opposition and party leader, he proceeds to modernize and strengthen the party at the grass roots. He briefly loses power in 1982 when political instability triggers two snap elections.
By the time of the 1981 Irish general election, Fine Gael has a party machine that can easily match Fianna Fáil. The party wins 65 seats and forms a minority coalition government with the Labour Party and the support of a number of Independent TDs. FitzGerald is elected Taoiseach on June 30, 1981. To the surprise of many FitzGerald excluded Richie Ryan, Richard Burke and Tom O’Donnell, former Fine Gael stalwarts, from the cabinet.
On May 5, 2011, it is reported that FitzGerald is seriously ill in a Dublin hospital. Newly elected Fine Gael Taoiseach Enda Kenny sends his regards and calls him an “institution.” On May 6 he is put on a ventilator. On May 19, after suffering from pneumonia, he dies at the Mater Private Hospital in Dublin at the age of 85.
In a statement, Irish PresidentMary McAleese hails FitzGerald as “a man steeped in the history of the State who constantly strove to make Ireland a better place for all its people.” Taoiseach Enda Kenny pays homage to “a truly remarkable man who made a truly remarkable contribution to Ireland.” Henry Kissinger, the former United States Secretary of State, who serves as an opposite number to FitzGerald in the 1970s, recalls “an intelligent and amusing man who was dedicated to his country.”
FitzGerald’s death occurs on the third day of Queen Elizabeth II‘s state visit to the Republic of Ireland, an event designed to mark the completion of the Northern Ireland peace process that had been “built on the foundations” of FitzGerald’s Anglo-Irish Agreement with Margaret Thatcher in 1985. In a personal message, the Queen offers her sympathies and says she is “saddened” to learn of FitzGerald’s death.
On his visit to Dublin, United States PresidentBarack Obama offers condolences on FitzGerald’s death. He speaks of him as “someone who believed in the power of education; someone who believed in the potential of youth; most of all, someone who believed in the potential of peace and who lived to see that peace realised.”
FitzGerald is the author of a number of books, including Planning in Ireland (1968), Towards a New Ireland (1972), Unequal Partners (1979), All in a Life: An Autobiography (1991), and Reflections on the Irish State (2003).
Holland originally works in fashion for Vogue magazine and then The Observer. She comes to prominence as one of the first Irish journalists to report on the rise of the Northern Ireland Civil Rights Association and becomes an increasingly prominent commentator on the affairs of the region.
In 1977 Conor Cruise O’Brien is appointed editor-in-chief of The Observer. He is a writer and politician who serves as a government minister in the Irish Parliament, Oireachtas. He is often criticized for his uncompromising opposition to “physical force Irish republicanism,” and his actions to that end during Liam Cosgrave‘s tenure as Taoiseach are labelled as censorship by some. Shortly after starting as editor, he sends a memo to Holland:
“It is a very serious weakness of your coverage of Irish affairs that you are a very poor judge of Irish Catholics. That gifted and talkative community includes some of the most expert conmen and conwomen in the world and I believe you have been conned.”
Under Article 12 of the Constitution of Ireland, a candidate for president may be nominated by:
at least twenty of the then 207 serving members of the Houses of the Oireachtas, or
at least four of 31 councils of the administrative counties, including county boroughs, or
themselves, in the case of a former or retiring president.
Outgoing president Seán T. O’Kelly had served two terms, and is ineligible to serve again. On April 27, the Minister for Local Government, Neal Blaney, signs the ministerial order opening nominations, with noon on May 19 as the deadline for nominations, and June 17 set as the date for a contest. All Irish citizens on the Dáil electoral register are eligible to vote.
Patrick McCartan, who had also been a candidate in the 1945 election and had served as a senator for Clann na Poblachta from 1948 to 1951, is nominated by two county councils only, short of the four required for nomination. Eoin O’Mahony also seeks and fails to secure a nomination by county councils.
De Valera wins the popular vote with 538,003 votes (56.3%) to Mac Eoin’s 417,536 votes (43.7%).
Éamon de Valera is inaugurated as the third President of Ireland on June 25, 1959.
A man of intellectual power, O’Higgins is described by William Butler Yeats as “a great man in his pride confronting murderous men.” He is in fact murdered by maverick republicans while on his way to church.
Educated at University College Dublin, O’Higgins is apprenticed to his uncle, a lawyer. Following the Easter Rising in 1916, he joins the Sinn Féinnationalist movement and is imprisoned. In 1918, while still in jail, he is elected to Parliament from Queen’s County, and in the next year he becomes assistant to the minister of local government, William Thomas Cosgrave. He goes on to become a prominent member of Cumann na nGaedheal.
As Minister for Justice, O’Higgins establishes the Garda Síochána police force and takes summary measures to restore order following the civil war between the Free State forces and the Irish Republican Army (IRA). His role in the execution of 77 republicans in 1922–23 makes him many enemies, as does his sardonic wit, his inflammatory speeches during the civil war, and his curtailment of the liquor trade.
On Sunday, July 10, 1927, O’Higgins is assassinated at the age of 35 on the Booterstown Avenue side of Cross Avenue in Dublin, while on his way to Mass at the Church of the Assumption. The assassination is carried out by three anti-Treaty members of the IRA, Timothy Coughlan, Bill Gannon and Archie Doyle, in revenge for O’Higgins’ part in the executions of the 77 IRA prisoners during the Irish Civil War.
None of the three assassins is ever apprehended or charged, but Coughlan, a member of Fianna Fáil as well as the IRA, is killed in 1928 in Dublin by a police undercover agent whom he is attempting to murder. The other two benefit from the amnesty to IRA members issued by Éamon de Valera, upon his assumption of power in 1932. Gannon, who dies in 1965, joins the Communist Party of Ireland and plays a central role in organising Irish volunteers for the Spanish Civil War. Doyle remains a prominent IRA militant and takes part in various acts in the early 1940s. He lives to an old age, dying in 1980, and continues to take pride in having killed O’Higgins.
Margretta Bowen, self-taught Irish artist best known as Gretta Bowen, dies in Belfast, Northern Ireland on April 8 1981. She starts painting late in life, around 1950, after her sons Arthur and George Campbell are already established as artists.
Born in Dublin in January 1880, Bowen lives most of her life in Belfast. She is married to Matthew Campbell, a veteran of the Second Boer War. They have three sons, Arthur, George and Stanley, who all go on to be highly talented artists, with George becoming particularly successful. After her husband death in 1925 she runs a laundrette and takes in lodgers to make ends meet.
Bowen comes to art late in her life. A few weeks before her seventieth birthday she finds paints left behind by her son Arthur and begins to experiment, apparently inspired to some extent by her sons. She uses her maiden name to apparently avoid any obvious connection with them.
Bowen clearly attracts notice early on despite her late start. In 1959, just five years after she takes up painting, she is given a solo exhibition by the Council for Encouragement of Music and the Arts, which continues to support her work when it subsequently becomes the Arts Council of Great Britain. An extensive and admiring review appears in The Times.
Bowen’s work is shown at the Royal Hibernian Academy (RHA), the Irish Exhibition of Living Art and the Oireachtas. She also holds one-person exhibitions at the Hendriks Gallery, the Bell Gallery and the Tom Caldwell Gallery. In 1979, at the age of 99, her works gain international fame. She exhibits at the first International Exhibition of Naïve Art in London.
Bowen dies at the age of 101 in Belfast on April 8, 1981.
The policy of Irish neutrality during World War II is adopted by the Oireachtas at the instigation of De Valera upon the outbreak of World War II in Europe. It is maintained throughout the conflict, in spite of several Germanairstrikes by aircraft that miss their intended British targets and attacks on Ireland’s shipping fleet by Allies and Axis alike. De Valera refrains from joining either the Allies or Axis powers. While the possibilities of not only a German but also a British invasion are discussed in Dáil Éireann, and either eventuality is prepared for, with the most detailed preparations being done in tandem with the Allies under Plan W, De Valera’s ruling party, Fianna Fáil, supports his neutral policy for the duration of the war.
This period is known in the Republic of Ireland as “The Emergency“, owing to the wording of the constitutional article employed to suspend normal government of the country.
Pursuing a policy of neutrality requires attaining a balance between the strict observance of non-alignment and the taking of practical steps to repel or discourage an invasion from either of the two concerned parties.
Ireland maintains a public stance of neutrality to the end, although this policy leads to a considerable delay in Ireland’s membership of the United Nations (UN). Ireland’s applications for membership are vetoed by the Soviet Union, a permanent member of the United Nations Security Council, from 1946 to December 1955. Seán MacBride considers that the UN boycott of Ireland had been originally agreed upon at the 1945 Yalta Conference by Winston Churchill and Joseph Stalin. Ireland’s acceptance into the UN is finally announced by John A. Costello on December 15, 1955.
Despite the official position of neutrality, there are many unpublicised contraventions of this, such as permitting the use of the Donegal Corridor to Allied military aircraft, and extensive co-operation between Allied and Irish intelligence, including exchanges of information, such as detailed weather reports of the Atlantic Ocean. For example, the decision to go ahead with the Normandy landings is decided by a weather report from Blacksod Bay, County Mayo.
(Pictured: Markings to alert aircraft to neutral Ireland during World War II on Malin Head, County Donegal)
Childers is educated at Gresham’s School, Holt, and the University of Cambridge, hence his striking British upper-class accent. On November 24, 1922, when he is sixteen, his father, Robert Erskine Childers, is executed by the new Irish Free State on politically inspired charges of gun-possession. The pistol he had been found with had been given to him by Michael Collins. Before his execution, in a spirit of reconciliation, the elder Childers obtains a promise from his son to seek out and shake the hand of every man who had signed his death warrant.
Following his father’s funeral, he returns to Gresham’s, then two years later he goes on to Trinity College, Cambridge. He returns to Ireland in 1932 and becomes advertising manager of The Irish Press, the newly founded newspaper owned by the family of Éamon de Valera.
Childers is nominated as the presidential candidate of Fianna Fáil at the behest of de Valera, who pressures Jack Lynch in the selection of the presidential candidate. He is a controversial nominee, owing not only to his British birth and upbringing but to his Protestantism. However, on the campaign trail his personal popularity proved enormous, and in a political upset at the 1973 Irish presidential election, he is elected the fourth President of Ireland on May 30, 1973, defeating Tom O’Higgins by 635,867 (52%) votes to 578,771 (48%). He becomes the second Protestant to hold the office, the first being Douglas Hyde (1938–1945).
Prevented from transforming the presidency as he desires, Childers instead throws his energy into a busy schedule of official visits and speeches, which is physically taxing.
Máiría Cahill is elected to Seanad Éireann on November 13, 2015 after winning a by-election held to fill the seat left vacant after the resignation of the Labour Party‘s Jimmy Harte. She wins 122 of the 188 valid votes cast in an election in which only Teachta Dálas (TDs) and Senators can cast a vote.
Cahill is born in 1981 into a prominent republican extended family in West Belfast. Her great-uncle Joe Cahill is one of the founders and chief of staff of the Provisional Irish Republican Army (IRA) in the 1970s. She is a cousin of both Siobhán O’Hanlon, a prominent republican activist in the IRA and later in Sinn Féin until her death in 2006, and her sister Eilis O’Hanlon, a political commentator for the Irish Independent and critic of both the IRA and Sinn Féin. She also claims her grandfather recruited Gerry Adams into the IRA.
Cahill is elected National Secretary of Ógra Shinn Féin and works for Sinn Féin between 1998 and 2001. She quits Sinn Féin in 2001 when she moves to the United States. She later returns and works on two election campaigns for the party before growing disillusioned at her treatment and leaving for good.
In February 2015, Cahill receives a James Larkin Thirst for Justice award from the Irish Labour Party. In November 2015, she receives a Special Recognition Award in the Irish Tatler‘s Woman of the Year Awards.
In October 2015, Labour Party leader Joan Burton announces Cahill has joined the party and she, along with her deputy Alan Kelly, will put her forward as the party’s nominee in a by-election to Seanad Éireann’s Industrial and Commercial Panel. The by-election has been occasioned by the resignation of Senator Jimmy Harte due to illness. Cahill secures the party’s nomination unopposed and wins the election in November 13 on the first count, with 122 first preferences out of 188 valid votes from Oireachtas members.
Cahill is criticised by Senator David Norris for failing to satisfactorily answer questions on her links to dissident republican groups and for failing to take part in media debates with other candidates. Norris later states that she is “an interesting and vital voice in Seanad Éireann.”
In a March 2016 interview with Catherine Shanahan of the Irish Examiner, Kathleen Lynch, a former Labour party TD and Minister of state, states she has no idea as to why Cahill was chosen as the party’s by-election candidate. Cahill does not contest the 2016 Seanad elections.
Cahill is co-opted into a Social Democratic and Labour Party (SDLP) council seat in Lisburn and Castlereagh council in July 2018. She has to withdraw from the local election campaign in April 2019, due to a law requiring candidates to publish their home addresses. Cahill is unable to do so due to threats made against her. The British Government subsequently apologises.
Lynch is born on August 15, 1917, in Blackpool, on the north side of Cork, County Cork. He is educated at St. Vincent’s Convent on Peacock Lane, and later at the North MonasteryChristian Brothers School. He sits his Leaving Certificate in 1936, after which he moves to Dublin and works with the Dublin District Milk Board, before returning to Cork to take up a position in the Circuit Court Office.
Lemass’s retirement in 1966 causes an internal party conflict over the succession that leads to Lynch’s selection as a compromise candidate, a position he reluctantly accepts. In November of that year, he becomes leader of Fianna Fáil and Taoiseach. In June 1969 he becomes the only Fianna Fáil leader other than de Valera to win an overall majority in a general election. In 1969–1973 Lynch plays an important role when civil unrest leads to the collapse of the government of Northern Ireland and poses a threat to the stability of the Irish state. He fires two cabinet ministers who are suspected of involvement in smuggling arms to the Provisional Irish Republican Army (IRA). He also creates a consensus in Irish party politics on a policy of conciliation and cooperation with the British government in seeking a solution to the Northern Ireland problem based on establishing power-sharing between the unionist majority and the Roman Catholic minority.
In 1972 Lynch wins an 83 percent majority in a referendum on Ireland’s entry into the European Economic Community. On January 1, 1973, Ireland becomes a member. Although he is defeated in the 1973 elections, he again demonstrates his remarkable popularity at the polls in 1977 when Fianna Fáil wins their largest and their last overall majority. In December 1979, however, discouraged by challenges to his authority from party colleagues, he resigns his leadership and soon after retires from politics. He serves on a number of corporate boards after his retirement.
In 1992 Lynch suffers a severe health setback, and in 1993 suffers a stroke in which he nearly loses his sight. Following this he withdraws from public life, preferring to remain at his home with his wife Máirín where he continues to be dogged by ill-health.
Lynch dies in the Royal Hospital, Donnybrook, Dublin on October 20, 1999, at the age of 82. He is honoured with a state funeral which is attended by the President of IrelandMary McAleese, Taoiseach Bertie Ahern, former Taoisigh John Bruton, Albert Reynolds and Charles Haughey, and various political persons from all parties. The coffin is then flown from Dublin to Cork where a procession through the streets of the city draws some of the biggest crowds in the city’s history. After the Requiem Mass celebrated in his home parish of the Cathedral of St. Mary and St. Anne, Lynch’s friend and political ally, Desmond O’Malley, delivers the graveside oration, paying tribute to Lynch’s sense of decency. He is buried in St. Finbarr’s Cemetery in Cork.
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