The passage of the Bill through Parliament causes acrimony between the House of Commons and the House of Lords. Queen Victoria personally intervenes to mediate. While the Lords extort from the Commons more compensation to alleviate the disestablished churchmen, in the end, the will of the Commons prevail.
The Irish Church Act is a key move in dismantling the Protestant Ascendancy which had dominated Ireland for several centuries previously.
Barry’s execution inflames nationalist public opinion in Ireland, largely because of his age. The timing of the execution, only seven days after the death by hunger strike of Terence MacSwiney, the republicanLord Mayor of Cork, brings public opinion to a fever-pitch. His pending death sentence attracts international attention, and attempts are made by United States and Vatican officials to secure a reprieve. His execution and MacSwiney’s death precipitate an escalation in violence as the Irish War of Independence enters its bloodiest phase, and Barry becomes an Irish republican martyr.
Barry is born on January 20, 1902, at 8 Fleet Street, Dublin, to Thomas and Mary (née Dowling) Barry. The fourth of seven children, two boys and five sisters, he is baptised in St. Andrew’s Church, Westland Row. As a child he attends the National School in Rathvilly, County Carlow, and the O’Connell Schools in Dublin, before enrolling in the Preparatory Grade at St. Mary’s College, Dublin, in September 1915. He remains at that school until May 31, 1916 when it is closed by its clerical sponsors. With the closure of St. Mary’s College, he transfers to Belvedere College, a Jesuit school in Dublin.
In October 1917, during his second year at Belvedere, Barry joins Company C, 1st Battalion of the Dublin Brigade of the Irish Volunteers. When Company C is later reorganized he is reassigned to the newly formed Company H, under the command of Captain Seamus Kavanagh. The following year he is introduced by Seán O’Neill and Bob O’Flanagan to the Clarke Luby Club of the Irish Republican Brotherhood (IRB), and at some point in time he is sworn as a member of this secret society which is led by Michael Collins.
Two Dublin Volunteers notice that a British army lorry guarded by an armed party of soldiers makes twice weekly trips to Monk’s Bakery on Church Street to obtain bread. Based on these observations, John Joe Carroll of Company H conducts a reconnaissance of the bakery. In addition to its main entrance on Church Street, he observes that the bakery yard is also accessible by a corridor leading from a shop on North King Street. He concludes that this makes the bakery an attractive site for an ambush.
On the morning of September 20, 1920, Barry goes to Mass, then joins a party of IRA volunteers on Bolton Street in Dublin. Their orders are to ambush a British army lorry as it picks up a delivery of bread from the bakery, and capture their weapons. The ambush is scheduled for 11:00 AM, which gives him enough time to take part in the operation and return to class in time for an examination he has at 2:00 PM. The truck arrives late, and is under the command of Sergeant Banks.
Armed with a .38 MauserParabellum, Barry and members of C Company are to surround the lorry, disarm the soldiers, take the weapons and escape. He covers the back of the vehicle and, when challenged, the five soldiers comply with the order to lay down their weapons. A shot is then fired, possibly a warning shot from an uncovered soldier in the front. Barry and the rest of the ambush party then open fire. His gun jams twice and he dives for cover under the vehicle. His comrades flee and he is left behind. He is then spotted and arrested by the soldiers. One soldier is killed and two other later die of their wounds.
The War Office orders that Barry be tried by court-martial under the Restoration of Order in Ireland Act 1920, which received royal assent on August 9, 1920. Barry is charged on three counts of the murder of Private Marshall Whitehead. In accordance with military procedure the verdict is not announced in court. He is returned to Mountjoy Prison. Later that night the district court-martial officer enters his cell and reads out the sentence: death by hanging. The public learns on October 28 that the date of execution has been fixed for November 1.
Barry is hanged on November 1, 1920, after hearing two Masses in his cell. Canon Waters, who walks with him to the scaffold, writes to Barry’s mother later, “You are the mother, my dear Mrs. Barry, of one of the bravest and best boys I have ever known. His death was one of the most holy, and your dear boy is waiting for you now, beyond the reach of sorrow or trial.”
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).
The Free State’s Provisional Government puts the “Public Safety Bill” before Dáil Éireann on September 27, 1922, which passes by 41 votes to 18. This is emergency legislation which allows for the execution of those captured bearing arms against the State. The legislation passes to the National Army powers of punishment for anyone “taking part in or aiding and abetting attacks on the National Forces,” having possession of arms or explosives “without the proper authority” or disobeying an Army General Order.
The legislation gives the Military Courts the right to impose the sentence of death, imprisonment or penal servitude on those found to be guilty of such offences, the sentence only requiring the signatures of two officers. By time the bill is a year old, 81 men are executed under its terms and over 12,000 men and women imprisoned.
The reason for such punitive legislation is the dragging on of the Irish Civil War caused by the Anglo-Irish Treaty. A pro-Treaty offensive against the anti-Treaty Irish Republican Army (IRA) in the summer of 1922 appears to have won the war for the government but the anti-Treatyites or republicans subsequently fall back on guerrilla tactics which the newly formed Free State or National Army have great difficulty in suppressing. Ernest Blythe, the Minister for Finance in the Provisional Government, later recalls, “there was for some time a feeling that the Civil War would speedily end as major resistance was broken, but actually it began to assume a chronic character.”
In the week preceding the Dáil’s motion, on September 21, six National Army soldiers are killed in a prolonged engagement with Republican fighters near Ballina, County Mayo. On the same day, the Free State barracks in Drumshambo, County Leitrim, is attacked and taken and one soldier is killed. On September 22, a National Army soldier is killed and several soldiers and three civilians injured in a gun and grenade attack by Republicans on Free State troops on Eden Quay in central Dublin. And on the day of the Bill itself coming before the Dáil, in County Kerry several hundred anti-Treaty IRA guerrillas attack the town of Killorglin and are only repulsed after 24 hours of fighting, when Free State troops arrive from Tralee.
At the time and since, the legislation passed in 1922 is known as the Public Safety Bill. However, no such Bill or Act can be found in the records of the Irish state. The Provisional Government have no legal right under the Treaty to enact new legislation without royal assent, the King being represented in the person of the Governor-General. And in theory the Provisional Government’s powers do not apply after the Treaty formally passes into law on December 6, 1922.
So technically speaking the Public Safety Bill is not a law but simply a resolution passed in the Dáil. However, since there was, as yet no Governor-General who could give his assent and as the government felt the situation was too grave for legal niceties, the legislation setting up military courts was passed anyway. It is not until August 1923, when the Free State passes an Act of Indemnity for all actions committed during the Irish Civil War and also pass new, formal special powers legislation – The Emergency Powers Act – that retrospectively legalises what it had enacted in the autumn of 1922.
After an amnesty of two weeks, in which anti-Treaty fighters could surrender without consequences, the legislation comes into force in mid October. Republicans at first do not believe that the government is serious about enforcing what its foes term “the Murder Bill.” It is in practice nearly two months before it is used in earnest.
On November 17, 1922, four IRA men who had been captured in Dublin are shot by firing squad. By the end of the week, Erskine Childers, who had served as secretary to the delegation which signed the Treaty but later organized Republican propaganda against it, is also dead. He had been captured at his home in County Wicklow on November 11 in possession of a small pistol Michael Collins had given him before he departed for Treaty negotiations in London. He is sentenced and shot on November 24. On November 30 another three Republican prisoners are executed in Dublin.
The legislation passed on September 27, 1922 may well have helped, as its supporters claimed, to break anti-Treaty resistance and to bring the Irish Civil War to an end. However it also helped to convert the conflict into a feud as bitter and as personal as a vendetta.
(From: “The passing of legislation allowing for executions during the Irish Civil War” by John Dorney, The Irish Story (www.theirishstory.com), September 27, 2013 | Photo: Richard Mulcahy, shown inspecting soldiers in Dublin, argued that permitting official executions would prevent National Army troops from carrying out unofficial killings)
As a minority party after 1910 elections, the Liberal Party depends on the Irish vote, controlled by John Redmond. To gain Irish support for the budget and the parliament bill, Asquith promises Redmond that Irish Home Rule will be the highest priority. It proves much more complex and time-consuming than expected. Support for self-government for Ireland had been a tenet of the Liberal Party since 1886, but Asquith has not been as enthusiastic, stating in 1903 (while in opposition) that the party should never take office if that government would be dependent for survival on the support of the Irish Nationalist Party. After 1910, though, Irish Nationalist votes are essential to stay in power. Retaining Ireland in the Union is the declared intent of all parties, and the Nationalists, as part of the majority that keep Asquith in office, are entitled to seek enactment of their plans for Home Rule, and to expect Liberal and Labour support. The Conservatives, with die-hard support from the ProtestantOrange Order of Ulster, are strongly opposed to Home Rule. The desire to retain a veto for the House of Lords on such bills has been an unbridgeable gap between the parties in the constitutional talks prior to the December 1910 United Kingdom general election.
The cabinet committee (excluding Asquith) that in 1911 plans the Third Home Rule Bill opposes any special status for Protestant Ulster within majority-Catholic Ireland. In 1913, Asquith writes to Winston Churchill, stating that the Prime Minister has always believed and stated that the price of Home Rule should be a special status for Ulster. In spite of this, the bill as introduced in April 1912 contains no such provision, and is meant to apply to all Ireland. Neither partition nor a special status for Ulster is likely to satisfy either side. The self-government offered by the bill is very limited, but Irish Nationalists, expecting Home Rule to come by gradual parliamentary steps, favours it. The Conservatives and Irish Unionists oppose it. Unionists begin preparing to get their way by force if necessary, prompting nationalist emulation. Though very much a minority, Irish Unionists are generally better financed and more organised.
Since the Parliament Act the Unionists can no longer block Home Rule in the House of Lords, but only delay Royal Assent by two years. Asquith decides to postpone any concessions to the Unionists until the bill’s third passage through the House of Commons, when he believes the Unionists will be desperate for a compromise. Biographer Roy Jenkins concludes that had Asquith tried for an earlier agreement, he would have had no luck, as many of his opponents wanted a fight and the opportunity to smash his government. Sir Edward Carson, MP for the University of Dublin and leader of the Irish Unionists in Parliament, threatens a revolt if Home Rule is enacted. The new Conservative leader, Bonar Law, campaigns in Parliament and in northern Ireland, warning Ulstermen against “Rome Rule,” that is, domination by the island’s Catholic majority. Many who oppose Home Rule feel that the Liberals have violated the Constitution by pushing through major constitutional change without a clear electoral mandate, with the House of Lords, formerly the “watchdog of the constitution,” not reformed as had been promised in the preamble of the 1911 Act and thus justified actions that in other circumstances might be treason.
The passions generated by the Irish question contrast with Asquith’s cool detachment, and he writes about the prospective partition of the county of Tyrone, which has a mixed population, deeming it “an impasse, with unspeakable consequences, upon a matter which to English eyes seems inconceivably small, and to Irish eyes immeasurably big.” As the House of Commons debate the Home Rule bill in late 1912 and early 1913, unionists in the north of Ireland mobilise, with talk of Carson declaring a Provisional Government and Ulster Volunteer Forces (UVF) built around the Orange Lodges, but in the cabinet, only Churchill views this with alarm.
These forces, insisting on their loyalty to the British Crown but increasingly well-armed with smuggled German weapons, prepare to do battle with the British Army, but Unionist leaders are confident that the army will not aid in forcing Home Rule on Ulster. As the Home Rule bill awaits its third passage through the House of Commons, the so-called Curragh incident occurs in March 1914. With deployment of troops into Ulster imminent and threatening language by Churchill and the Secretary of State for War, John Seely, around sixty army officers, led by Brigadier GeneralHubert Gough, announce that they would rather be dismissed from the service than obey. With unrest spreading to army officers in England, the Cabinet acts to placate the officers with a statement written by Asquith reiterating the duty of officers to obey lawful orders but claiming that the incident had been a misunderstanding. Seely then adds an unauthorised assurance, countersigned by Sir John French, the professional head of the army, that the government has no intention of using force against Ulster. Asquith repudiates the addition, and requires Seely and French to resign, taking on the War Office himself, retaining the additional responsibility until hostilities against Germany begin.
Within a month of the start of Asquith’s tenure at the War Office, the UVF lands a large cargo of guns and ammunition at Larne, but the Cabinet does not deem it prudent to arrest their leaders. On May 12, Asquith announces that he will secure Home Rule’s third passage through the House of Commons (accomplished on May 25), but that there will be an amending bill with it, making special provision for Ulster. But the House of Lords make changes to the amending bill unacceptable to Asquith, and with no way to invoke the Parliament Act on the amending bill, Asquith agrees to meet other leaders at an all-party conference on July 21 at Buckingham Palace, chaired by King George V. When no solution can be found, Asquith and his cabinet plans further concessions to the Unionists, but this does not occur as the crisis in Europe erupts into war.
In September 1914, after the outbreak of the conflict, Asquith announces that the Home Rule bill will go on the statute book as the Government of Ireland Act 1914 but will not go into force until after the war. He adds that in the interim a bill granting special status to Ulster will be considered. This solution satisfies neither side.
(Pictured: H.H. Asquith, former Prime Minister of the United Kingdom)
The government had set this date as a final deadline for a restoration of power-sharing before direct rule from London is restored permanently and now has to rush emergency legislation through the House of Commons to prevent this.
“After a long and difficult time in our province, I believe that enormous opportunities lie ahead for our province,” Paisley tells reporters, as he sits at a conference table next to Adams. The agreement “marks the beginning of a new era of politics on this island,” Adams agrees, but adds that he finds it “disappointing” that Northern Ireland‘s political institution cannot be restored immediately.
British prime minister Tony Blair hails the agreement, saying “This is a very important day for the people of Northern Ireland but also for the people and the history of these islands.” After talking by phone with his Irish counterpart, Taoiseach Bertie Ahern, he tells reporters, “In a sense, everything we have done over the last ten years has been a preparation for this moment, because the people of Northern Ireland have spoken through the election. They have said we want peace and power-sharing and the political leadership has then come in behind that and said we will deliver what people want.”
In Ireland, Ahern calls the day’s developments “unprecedented and very positive,” and says both governments will cooperate with the new May 8 date for devolution.
The Secretary of State for Northern Ireland, Peter Hain, says a one clause emergency bill will be put through parliament with the agreement of opposition parties, and will need royal assent before midnight the following evening to prevent the dissolution of the Stormont assembly. He describes the day’s events as “really, really momentous.”
“Today the clouds have lifted and the people can see the future,” Hain tells BBC Radio 4‘s The World at One. “These pictures of Ian Paisley and Gerry Adams will resonate around the world. They are a graphic manifestation of the power of politics over bigotry and conflict, bitterness and horror.”
The crucial meeting sees delegations from the DUP and Sinn Féin spend an hour together inside a room at Stormont to hammer out the final agreement for a return to power-sharing. Afterwards, both leaders talk about the work still needing to be done, including regular meetings between Paisley and Sinn Féin’s Martin McGuinness as the de facto first and deputy first ministers.
Clearly conscious of the historical significance of their talks, Paisley and Adams speak of the suffering caused by the decades of inter-community violence and their responsibility to ensure permanent peace and reconciliation. Northern Ireland’s politicians must “never forget those who have suffered during the dark period from which we are, please God, emerging,” Paisley says. “I want to make it clear that I am committed to delivering not only for those who voted for the DUP but for all the people of Northern Ireland. We must not allow our justified loathing for the horrors and tragedies of the past to become a barrier to creating a better and more stable future for our children,” he adds.
Adams says there is now new hope for the future, following the previous “sad history of orange and green.” He adds, “There are still many challenges, many difficulties, to be faced. But let us be clear: the basis of the agreement between Sinn Féin and the DUP follows Ian Paisley’s unequivocal and welcome commitment to support and participate fully in the political institutions on May 8. We’ve all come a very long way in the process of peace making and national reconciliation. We are very conscious of the many people who have suffered. We owe it to them to build the best future possible.”
The proposal for the historic meeting comes after a frantic weekend of consultation in Belfast and Berlin, where Blair and Ahern are attending a ceremony to mark 50 years of the European Union. Both prime ministers had repeatedly insisted the assembly would be dissolved if no agreement on an executive had been reached by today’s legal deadline. Britain is forced into a last-minute change of strategy after Paisley’s DUP agrees in principle on March 24 to share power with Sinn Féin, but demands an extension of the deadline for the formation of the executive until May.
The DUP, which is badly split, says they need the additional time to see if Sinn Féin will comply with its commitment to cooperate with the Police Service of Northern Ireland. Until now Paisley’s DUP has always refused to meet Sinn Féin. Each represents what used to be seen as the two extremes of Northern Ireland sectarian politics.
(From: “Paisley and Adams agree deal” by Peter Walker and Owen Bowcott, The Guardian (www.theguardian.com), March 26, 2007 | Pictured: Ian Paisley and Gerry Adams hold their first face-to-face talks. Photograph: Paul Faith/ PA)
As originally enacted, the Irish Free State Constitution Act 1922 consists of a preamble, five sections (three of which are very brief), and a schedule. The schedule is the text of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922, which had been passed in Ireland by the Third Dáil sitting as a constituent assembly and provisional parliament for the nascent Free State. This Irish Act itself has two schedules, the first being the actual text of the Constitution, and the second the text of the 1921 Treaty, formally the Articles of Agreement for a treaty between Great Britain and Ireland.
The Irish Act had been approved by the Irish constituent assembly on 25 October 25, 1922. The bill for the UK Act is introduced by the Prime MinisterBonar Law into the Parliament of the United Kingdom in November 1922. The bill’s third reading in the House of Commons is on November 30. The Act receives Royal assent on December 5, 1922.
On December 7, 1922, the day after the establishment of the Irish Free State, the Parliament of Northern Ireland addresses King George V requesting its secession from the Irish Free State. The address is unanimous, with the abstentionistNationalist Party and Sinn Féin members absent. The King replies shortly thereafter to say that he has caused his Ministers and the Government of the Irish Free State to be informed that Northern Ireland is to do so.
Construction begins on a new harbour at Dunleary village in 1817 that soon begins to attract traffic due to silting problems elsewhere around Dublin Bay. Proposals for canal or rail infrastructure links to Dublin are variously proposed through to the 1830s. James Pim takes the initiative and commissions a plan by Alexander Nimmo which is presented as a petition to the House of Commons on February 28, 1831 for a rail line from near Trinity College Dublin to the west pier at the Royal Harbour of Kingstown under a company to be known as the D&KR. A bill is presented and is progressing but is scuppered by a prorogation of parliament and an election. A fresh bill receives Royal assent on September 6, 1831.
A meeting of D&KR subscribers on November 25, 1831 at the Dublin Chamber of Commerce includes the submission of a long report which indicates that Westland Row is to be the Dublin terminus and that the enterprise is initially to focus on passenger traffic with a high train frequency.
On October 4, 1834 the first recorded train with invited passengers is hauled by the engine Vauxhall and runs as far as the Williamstown Martello Tower at what is now Blackrock Park before returning. The engine Hibernia on October 9, 1834 hauls another train of invited passengers composed of eight carriages the entire length of the line and back. Plans are made to introduce a service on October 22, 1834 but storms and flooding damage the line including wrecking the bridge over the River Dodder and this leads to delays for repairs. A timetabled regular service is introduced from January 1835.
Shortly after this first parliament is abolished, attempts begin to restore devolution on a new basis that will see power shared between Irish nationalists and unionists. To this end a new parliament, the Northern Ireland Assembly, is established by the Government of the United Kingdom on May 3, 1973.
Following the June 28 elections, the Northern Ireland Constitution Act 1973, which receives the Royal Assent on July 18, 1973, abolishes the suspended Parliament of Northern Ireland and the post of Governor and makes provision for a devolved administration consisting of an Executive chosen by the Assembly.
One hundred eight members are elected by single transferable vote from Northern Ireland’s eighteen Westminster constituencies, with five to eight seats for each depending on its population. The Assembly meets for the first time on July 31, 1973.
After opposition from within the Ulster Unionist Party and the Ulster Workers’ Council strike over the proposal of an all Ireland council, the Executive and Assembly collapses on May 28, 1974 when Brian Faulkner resigns as Chief Executive. The Northern Ireland Assembly is abolished by the Northern Ireland Act 1974.
In 1982 another Northern Ireland Assembly is established at Stormont, initially as a body to scrutinise the actions of the Secretary of State, the British minister with responsibility for Northern Ireland. It receives little support from Irish nationalists and is officially dissolved in 1986.
The Northern Ireland Act 1998 formally establishes the Assembly in law, in accordance with the Good Friday Agreement. The first election of Members of the Northern Ireland Assembly is on June 25, 1998 and it first meets on July 1, 1998. However, it only exists in “shadow” form until December 2, 1999 when full powers are devolved to the Assembly. Since then the Assembly has operated intermittently and has been suspended on five occasions.
The act is one of a series of Penal Laws passed after the Williamite War to protect the victorious Protestant Ascendancy from a church seen as loyal to the defeated Jacobites and to foreign powers. Its second section states that if an Irish Catholic priest is converted to the established Church of Ireland, he will receive a £20 stipend, levied on the residents of the area where he had last practised. Unregistered clergy are to depart Ireland before July 20, 1704 and any remaining after June 24, 1705 are to be deported. Any that returned are to be punished as under the Banishment Act of 1697 (as high treason). These are sought out by freelance “priest hunters.”