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

Tag Archives: Referendum


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1973 Northern Ireland Border Poll

The 1973 Northern Ireland border poll is a referendum held in Northern Ireland on March 8, 1973, on whether Northern Ireland should remain part of the United Kingdom or join with the Republic of Ireland to form a united Ireland. It is the first time that a major referendum has been held in any region of the United Kingdom. The referendum is boycotted by nationalists and results in a conclusive victory for remaining in the UK. On a voter turnout of 58.7 percent, 98.9 percent vote to remain in the United Kingdom, meaning the outcome among registered voters is not affected by the boycott.

The Unionist parties support the “UK” option, as do the Northern Ireland Labour Party (NILP) and the Alliance Party of Northern Ireland (APNI). However, the Alliance Party is also critical of the poll. While it supports the holding of periodic plebiscites on the constitutional link with Great Britain, the party feels that to avoid the border poll becoming a “sectarian head count,” it should ask other relevant questions such as whether the people support the UK’s white paper on Northern Ireland. Nevertheless, on February 5, 1973, the party’s chairman, Jim Hendron, states that “Support for the position of Northern Ireland as an integral part of the United Kingdom is a fundamental principle of the Alliance Party, not only for economic reasons but also because we firmly believe that a peaceful solution to our present tragic problems is only possible within a United Kingdom context. Either a Sinn Féin all-Ireland republic or a Vanguard-style Ulster republic would lead to disaster for all our people.”

The Social Democratic and Labour Party (SDLP), however, calls for a boycott of the referendum, urging its members on January 23, 1973 “to ignore completely the referendum and reject this extremely irresponsible decision by the British Government.” Gerry Fitt, leader of the SDLP, says he has organised a boycott to stop an escalation in violence.

The civil authorities are prepared for violence on polling day. They put in place mobile polling stations which can be rushed into use if there is bomb damage to scheduled poll buildings. Two days before the referendum a British soldier, Guardsman Anton Brown of the 2nd Battalion, Coldstream Guards, is shot dead in Belfast as the army searches for weapons and explosives which can be used to disrupt the upcoming referendum.

Violence by both Republican and Loyalist paramilitaries still takes place on polling day. The Provisional Irish Republican Army (IRA) explode several bombs across Northern Ireland and shoot dead a British soldier guarding a polling station in the area of the Falls Road in Belfast. The Ulster Defence Association (UDA) abducts and kills a Catholic civilian from Ballymurphy. A polling station in East Belfast guarded by the Ulster Defence Regiment (UDR) is also raided by Loyalist paramilitaries who steal several self-loading rifles.

As a political response to the referendum, the Provisional Irish Republican Army also plants four car bombs in London that day, two of which detonate, causing one death and injuring over two hundred.

The vote results in an overwhelming majority of those who voted stating they wish to remain in the UK. The nationalist boycott contributes to a turnout of only 58.7% of the electorate. In addition to taking a majority of votes cast, the UK option receives the support of 57.5% of the total electorate. According to the BBC, less than 1% of the Catholic population turn out to vote.

The referendum electorate consists of 1,030,084 adults registered to vote out of a total population of approximately 1,529,993.

The Government of the United Kingdom takes no action on receipt of the referendum result, as the result is in favour of the status quo (Northern Ireland remaining part of the UK). It is followed by an Assembly election on June 28, 1973.

Brian Faulkner, who had been the sixth and last Prime Minister of Northern Ireland, claims the result leaves “no doubt in any one’s mind what the wishes of Ulster’s people are. Despite an attempted boycott by some, almost 600,000 electors voted for the maintenance of the union with Great Britain.” He also claims that the poll showed that a “quarter of the [N.I.] Catholic population who voted … voted for the maintenance of the union” and that the result is a “blow … against IRA mythology.”

(Pictured: Map of Northern Ireland (yellow) within the United Kingdom.)


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Death of Mary Hayden, Campaigner for Women’s Causes

Mary Teresa Hayden, Irish historian, Irish language activist and campaigner for women’s causes, dies at her residence in Rathmines, Dublin, on July 12, 1942.

Hayden is born on May 19, 1862, in Merrion Square, Dublin, the only daughter of Thomas Hayden, physician and later vice-president of the Royal College of Surgeons in Ireland, and Mary Anne Hayden (née Ryan). Mary Hayden is educated initially at the Dominican College, Eccles Street, Dublin, and then at Alexandra College at Earlsfort Terrace, Dublin. She attends the Royal University of Ireland (RUI) where she graduates with a BA in 1885 and an MA in 1887 in Modern Languages.

She meets the Robertson commission in 1901 on behalf of St. Mary’s Dominican convent, Eccles Street, Dublin, where, as well as presenting the results of a questionnaire survey of women graduates, compiles in conjunction with Agnes O’Farrelly and Hanna Sheehy-Skeffington, she argues for the right of women to receive education on the same terms as men and in the same colleges, and to be employed by the universities on identical conditions (which is not realised until the Irish Universities Act of 1908). Along with Sheehy-Skeffington, she is a key figure in the formation of the Irish Association of Women Graduates in 1902, which concerns itself with various questions regarding women graduates’ employment in government departments, hospitals, and schools, as well as attempting to influence public policy in relation to sex discrimination.

A campaigner for gender equality and noted as a public speaker, Hayden is a prominent member of the Dublin Women’s Suffrage Association. She is a member of the Gaelic League and friends with Patrick Pearse. However, she opposes violence and disapproves of the 1916 Easter Rising.

After the passage of the Irish Universities Act in 1908, Hayden is appointed a member of both the senate of the National University of Ireland (NUI) and the governing body of the new University College Dublin (UCD), the first woman to hold such positions. In November 1909 she is appointed a lecturer in history, and in July 1911 first professor of modern Irish history at UCD, a position she holds until her retirement in 1938.

In 1915, along with Mary Louise Gwynn, Hayden founds the Irish Catholic Women’s Suffrage Association, and is also active in the Irish Women’s Franchise League, which mix campaigning for the vote with a variety of intellectual pursuits. She also becomes involved in the Women’s International League for Peace and Freedom. She is more moderate a nationalist than contemporary feminists such as Constance Markievicz and Hanna Sheehy-Skeffington and supports the Irish Parliamentary Party (IPP) rather than Sinn Féin.

Hayden’s last major public campaign, at the age of 75, is in the lead-up to the referendum on the 1937 Constitution of Ireland, in opposition to articles 40, 41, and 45 concerning the status of women. Reversing her lifelong non-party-political stance, she helps to form the Women’s Social and Progressive League as a political party committed to opposing the constitution and any regressive consequences it would entail.

Hayden receives an honorary doctorate from the NUI in 1935, three years before her retirement. A dedicated cyclist and swimmer, she is fluent in Irish, Greek, and Hindustani, and after retirement devotes her efforts to improving the welfare of Dublin children through her newly formed social club. She dies on July 12, 1942, at her residence in Rathmines, Dublin. Her unpublished diaries are deposited in the NLI.

A biography of Hayden, Mary Hayden: Irish Historian and Feminist, by Joyce Padbury is published by Arlen House in 2020.


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Adoption of the Constitution of the Irish Free State

The Constitution of the Irish Free State (Irish: Bunreacht Shaorstát Eireann) is adopted by Act of Dáil Éireann sitting as a constituent assembly on October 25, 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which comes into effect upon receiving the royal assent on December 5, 1922, provides that the Constitution will come into effect upon the issue of a Royal Proclamation, which is done on December 6, 1922. In 1937 the Constitution of the Irish Free State is replaced by the modern Constitution of Ireland following a referendum.

Shortly after the British evacuate their troops from Dublin Castle in January 1922, Michael Collins sets about establishing a committee to draft a new constitution for the nascent Irish Free State which would come into being in December 1922. Collins chairs the first meeting of that committee and at that point is its chairman, but is assassinated before the constitution is finalised. Darrell Figgis, the vice-chairman becomes acting Chair. The committee produces three draft texts, designated A, B and C. Draft A is signed by Figgis, James McNeill and John O’Byrne. Draft B is signed by James G. Douglas, C.J. France and Hugh Kennedy and it differs substantially from draft A only in proposals regarding the Executive. Draft C is the most novel of the three. It is signed by Alfred O’Rahilly and James Murnaghan, and provides for the possibility of representation for the people of the northern counties in the Dáil in the event of that area opting out of the proposed free state.

On March 31, 1922, an act of the United Kingdom Parliament called the Irish Free State (Agreement) Act 1922 is passed. It gives the force of law to the Anglo-Irish Treaty, which had been negotiated between the British government and Irish leaders in 1921. It also provides by for the election of a body to be called the “House of the Parliament,” sometimes called the “Provisional Parliament,” to which the Provisional Government establishes under that act will be responsible. The act gives no power to the Provisional Parliament to enact a constitution for the Irish Free State. In due course, “the House of the Parliament,” provided for by that act, is elected and meets on September 9, 1922, and calling itself Dáil Éireann, proceeds to sit as a constituent assembly for the settlement of what becomes the Constitution of the Irish Free State.

The Constitution establishes a parliamentary system of government under a form of constitutional monarchy, and contains guarantees of certain fundamental rights. It is intended that the constitution would be a rigid document that, after an initial period, could be amended only by referendum. However, amendments are made to the Constitution’s amendment procedure, so that all amendments can be and are in fact made by a simple Act of the Oireachtas (parliament).

Following a change of government in 1932 and the adoption of the Statute of Westminster 1931, a series of amendments progressively removes many of the provisions that had been required by the Anglo-Irish Treaty.

(Pictured: The Constitution Committee meeting at the Shelbourne Hotel, Dublin, 1922)


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The Last Execution in the Republic of Ireland

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Michael Manning, Irish murderer, becomes the twenty-ninth and last person to be executed in the Republic of Ireland on April 20, 1954.

Manning, a 25-year-old carter from Johnsgate in Limerick, County Limerick, is found guilty of the rape and murder of Catherine Cooper, a 65-year-old nurse who works at Barrington’s Hospital in the city, in February 1954. Nurse Cooper’s body is discovered on November 18, 1953, in the quarry under the New Castle, Dublin Road, Castletroy. She is found to have choked on grass stuffed into her mouth to keep her from screaming during the committal of the crime.

Manning expresses remorse at the crime which he does not deny. By his own account, he is making his way home on foot after a day’s drinking in The Black Swan, Annacotty when he sees a woman he does not recognise walking alone. “I suddenly lost my head and jumped on the woman and remember no more until the lights of a car shone on me.” He flees at this point but is arrested within hours, after his distinctive hat is found at the scene of the crime.

Although Manning makes an impassioned plea for clemency in a letter to Minister for Justice Gerald Boland, his request is denied despite it also being supported by Nurse Cooper’s family. The execution by hanging is duly carried out on April 20, 1954, in Mountjoy Prison, Dublin by Albert Pierrepoint, who has traveled from Britain where he is one of three Senior Executioners.

Frank Prendergast, subsequently Teachta Dála (TD) for Limerick East who knew Manning well, recalls later, “Friends of mine who worked with me, I was serving my time at the time, went up to visit him on the Sunday before he was hanged. And they went to Mass and Holy Communion together and they played a game of handball that day. He couldn’t have been more normal.”

Manning leaves a wife who is pregnant at the time of the murder. His body is buried in an unmarked grave in a yard at Mountjoy Prison.

The death penalty is abolished in 1964 for all but the murder of gardaí, diplomats and prison officers. It is abolished by statute for these remaining offences in 1990 and is finally expunged from the Constitution of Ireland by approval by referendum of the Twenty-First Amendment on June 7, 2001.

The hanging of Michael Manning inspires a play by Ciaran Creagh. Creagh’s father, Timothy, is one of the two prison officers who stays with Michael Manning on his last night and Last Call is loosely based on what happened. It is shown in Mountjoy Prison’s theatre for three nights in June 2006.


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Fifth Amendment of the Constitution of Ireland

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The 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.