seamus dubhghaill

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


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Official Opening of the New Court of Appeal Building

President Michael D. Higgins officially opens the new Court of Appeal building in the Four Courts on November 26, 2015. The court, situated in the former Public Records building in the Four Courts complex, has been refurbished at a cost of €3 million.

The ten-judge court is established in 2014. President of the Court of Appeal, Justice Sean Ryan, says the court has achieved major success in dealing with criminal appeals. He says the court is also committed to realising the hopes and expectations of the people when they established the new court and to making whatever changes are necessary.

Justice Ryan says the new court has inherited 660 cases from the Court of Criminal Appeal and has taken on 287 new appeals up to the previous July. Two hundred eighty have been disposed of and all cases ready for hearing are listed for hearing next term.

On the civil side Justice Ryan says the total number of civil appeals disposed of is 468. New civil appeals number 60 a month. He adds that he and his colleagues have achieved a remarkable amount in a short space of time.

President Higgins pays tribute to the work of the court to date. He says it inherited a significant workload from the Supreme Court and the initial priority is to reduce the backlog of criminal cases. Inroads have also been made into reducing the waiting times for dealing with civil appeals.

President Higgins says that the courts play a vital role in the function of the State and there are also plans to faciltate a second court to hear civil appeals which will make further progress in reducing waiting times. He says the effectiveness and efficiency in the court system is also underscored by Ireland’s obligations under a number of international agreements, including Article 6 of the European Convention on Human Rights, which guarantees citizens a right to a fair and speedy trial.

Chief Justice Susan Denham says the occasion is a significant one for the people of Ireland who decided there should be a Court of Appeal. She adds that it is an important day for all involved in the law and that the new judges of the court have “done trojan work on this great project for the people of Ireland.”

(From: “President opens new Court of Appeals building,” Raidió Teilifís Éireann (RTÉ), http://www.rte.ie, November 26, 2015 | Pictured: President Michael D. Higgins (left) pays tribute to the work of the court to date)


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Birth of Angelo Fusco, Provisional Irish Republican Army Volunteer

Angelo Fusco, former volunteer in the Belfast Brigade of the Provisional Irish Republican Army (IRA) who escapes during his 1981 trial for killing a Special Air Service (SAS) officer in 1980, is born in West Belfast, Northern Ireland, on September 2, 1956.

Fusco is born to a family with an Italian background who owns a fish and chip shop. He joins the Belfast Brigade of the IRA and is part of a four-man active service unit (ASU), along with Joe Doherty and Paul Magee, which operates in the late 1970s and early 1980s nicknamed the “M60 gang” due to their use of an M60 heavy machine gun.

On April 9, 1980, the unit lures the Royal Ulster Constabulary (RUC) into an ambush on Stewartstown Road, killing one constable and wounding two others. On May 2 the unit is planning another attack and has taken over a house on Antrim Road, when an eight-man patrol from the SAS arrive in plain clothes, after being alerted by the RUC. A car carrying three SAS members goes to the rear of the house, and another car carrying five SAS members arrives at the front of the house. As the SAS members at the front of the house exit their car the IRA unit opens fire with the M60 machine gun from an upstairs window, hitting Captain Herbert Westmacott in the head and shoulder, killing him instantly. He is the highest-ranking member of the SAS killed in Northern Ireland. The remaining SAS members, armed with Colt Commando automatic rifles, submachine guns and Browning pistols, return fire but are forced to withdraw. Magee is apprehended by the SAS members at the rear of the house while attempting to prepare the IRA unit’s escape in a transit van, while the other three IRA members remain inside the house. More members of the security forces are deployed to the scene, and after a brief siege the remaining members of the IRA unit surrender.

The trial of Fusco and the other members of the M60 gang begins in early May 1981, with them facing charges including three counts of murder. On June 10 Fusco and seven other prisoners, including Joe Doherty and the other members of the IRA unit, take a prison officer hostage at gunpoint in Crumlin Road Jail. After locking the officer in a cell, the eight take other officers and visiting solicitors hostage, also locking them in cells after taking their clothing. Two of the eight are wearing officer’s uniforms while a third wears clothing taken from a solicitor, and the group moves towards the first of three gates separating them from the outside world. They take the officer on duty at the gate hostage at gunpoint, and force him to open the inner gate. An officer at the second gate recognises one of the prisoners and runs into an office and presses an alarm button, and the prisoners run through the second gate towards the outer gate. An officer at the outer gate tries to prevent the escape but is attacked by the prisoners, who escape onto Crumlin Road. As the prisoners are moving towards the car park where two cars are waiting, an unmarked RUC car pulls up across the street outside Crumlin Road Courthouse. The RUC officers open fire, and the prisoners returned fire before escaping in the waiting cars. Two days after the escape, Fusco is convicted in absentia and sentenced to life imprisonment with a minimum recommended term of thirty years.

Fusco escapes across the border into the Republic of Ireland before being arrested in January 1982, and is sentenced to ten years imprisonment for the escape and firearms offences under extra-jurisdictional legislation. A further three years are added to his sentence in 1986 after he attempts to escape from Portlaoise Prison, and he is released in January 1992. Upon his release, he is immediately served with extradition papers from the British government for his return to the Maze Prison in Northern Ireland to serve his sentence for the murder conviction. The extradition is granted by a District Court but Fusco appeals, and in 1995 he wins a legal victory when a judge at the High Court in Dublin rules it would be “unjust, oppressive and invidious” to order his extradition due to the time lag involved. Fusco settles in Tralee with his wife and three children until February 1998, when the Supreme Court of Ireland brings an end to the six-year legal battle by ordering his extradition, but he has already fled on bail and a warrant is issued for his arrest.

Fusco is arrested at a Garda checkpoint in Castleisland, County Kerry, on January 3, 2000. The following day he is being escorted back to Northern Ireland to be handed over to the RUC, when his handover is halted by a successful court appeal by Sinn Féin. The arrest and abortive return of Fusco undermines the Northern Ireland peace process, with Unionist politicians including Ken Maginnis criticising the extradition being halted. Republicans are critical of Fusco’s arrest, with leading Sinn Féin member Martin Ferris stating, “The Irish government should immediately move to rescind the warrant against Angelo Fusco. The action will cause great anger and resentment within the nationalist community,” and graffiti in one republican area reads “Extradite Bloody Sunday war criminals, not Fusco.” On January 6 Fusco is refused bail and remanded to prison in Castlerea, County Roscommon, to await a legal review of his extradition, prompting scuffles outside the court between police and Sinn Féin supporters.

Fusco is freed on bail on March 21 pending the outcome of his legal challenge, and in November 2000 the Irish government informs the High Court that it is no longer seeking to return him to Northern Ireland. This follows a statement from Secretary of State for Northern Ireland Peter Mandelson saying that “it is clearly anomalous to pursue the extradition of people who appear to qualify for early release under the Good Friday Agreement scheme, and who would, on making a successful application to the Sentence Review Commissioners, have little if any of their original prison sentence to serve.” After the court hearing Fusco states, “I’m relieved it’s over,” and that he will continue to live in Tralee with his family and work for Sinn Féin.

In December 2000 Fusco and three other IRA members, including two other members of the M60 gang, are granted a royal prerogative of mercy which allows them to return to Northern Ireland without fear of prosecution.


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Birth of Susan Denham, First Female Chief Justice of Ireland

Susan Jane Denham, SC (née Gageby), Irish judge who is the first woman to hold the position of Chief Justice of Ireland (2011-17), is born in Dublin on August 22, 1945. She serves as a Judge of the Supreme Court of Ireland (1992-2017), and is the longest-serving member of the court on her retirement. She also serves as a Judge of the High Court (1991-92).

Gageby is the daughter of the former editor of The Irish Times, Douglas Gageby, the sister of another barrister, Patrick Gageby, and maternal granddaughter of Seán Lester. She is from a Church of Ireland background. She is educated at Alexandra College, Dublin, and attends Trinity College Dublin, the King’s Inns, and the Law School of Columbia University, New York City (LL.M. 1972). She is involved with the Free Legal Advice Centres while studying in Dublin and is a founder and president of the Archaeology and Folklife Society at Trinity College.

Gageby is called to the bar in July 1971 and becomes a Senior Counsel in October 1987. She is the fourth woman to enter the Inner Bar. She becomes a senior counsel on the same day as future Supreme Court colleague Mary Laffoy. She works on the Midland circuit until 1979, following which she is based in Dublin. She is involved in a number of leading cases while a junior barrister and a Senior Counsel particularly in the area of judicial review. She becomes a High Court judge in 1991.

Gageby marries paediatrician Dr. Brian Denham in 1992. Also in 1992, at the age of 47, Denham is the first woman appointed to the Supreme Court. She is considered for appointment to the role of President of the High Court in 1994, but declines to have her name put forward. She makes two dissents early on in her period on the Court. Throughout her tenure as a judge she is seen by commentators to be a “liberal” judge.

In Kelly v Hennessy in 1996, Denham outlines criteria for a court to consider the evidence of the existence of nervous shock in Ireland. In 2001, she is the sole member of the Supreme Court to dissent in TD v Minister for Education. The court overturns a decision of Peter Kelly in the High Court to direct the government to build secure care units for certain children.

From 1995 to 1998, Denham chairs the Working Group on a Courts Commission, which is responsible for a significant reform of the organisation of the courts since the foundation of the state. It leads to the establishment of the Courts Service. She is on the Interim Board of the Court Service and serves on the Board of the Court Service from its inception, and chairs the board from 2001 to 2004. She chairs the Committee on Court Practice and Procedure which recommends in 2002 the establishment of a commercial court within the High Court.

From 2006, Denham chairs the Working Group on a Court of Appeal. The report of the group is published by the government in August 2009 and recommends the establishment of a general Court of Appeal. This is ultimately established in 2014, after a referendum in 2013.

Denham is part of the Irish delegation which, with the Netherlands and Belgium, establishes the European Network of Councils for the Judiciary (ENCJ) and she continues an involvement in this Network. From January 1, 2015 to December 31, 2016, she is President of the Network of the Presidents of the Supreme Judicial Courts of the European Union which is an association of Supreme Court Presidents and Chief Justices of EU Member States.

Denham writes the judgment in McD v. L (2009), upholding the parental rights of a sperm donor.

On July 4, 2011, Denham is nominated by Taoiseach Enda Kenny to become Chief Justice of Ireland, and is appointed as Chief Justice by President Mary McAleese on July 25, 2011. She is the first woman appointed to the office and as a member of the Church of Ireland, she is the first non-Catholic to hold the position. She is also the first graduate of Trinity College Dublin to have been appointed as Chief Justices have largely been graduates of University College Dublin. She succeeds John L. Murray.

During Denham’s tenure as Chief Justice, the Supreme Court issues suspended declarations of unconstitutionality for the first time. The possibility to delay the effect of a court declaration that a piece of legislation is contrary to the Constitution is first explored by Denham in A v Governor of Arbour Hill Prison. The court first adopts this approach in N.V.H. v Minister for Justice & Equality in May 2017.

As Chief Justice, Denham oversees changes in the operations of the Supreme Court and the courts generally. She oversees the removal of the requirement for judges to wear wigs while hearing cases. In 2015, the Supreme Court sits outside Dublin for the first time since 1931, sitting in Cork. She corresponds with the Office of Public Works over the lack of heating in the Four Courts, threatening to cancel sittings if the issue is not resolved. She advocates for the inclusion of a new courtroom for the Supreme Court in plans to develop a new family court complex on Hammond Lane.

In her capacity as Chief Justice, Denham oversees the administration of the Presidential Declaration of Office at the inauguration of President Michael D. Higgins in Dublin Castle in November 2011.

Denham retires from the position in July 2017, and is succeeded by Judge Frank Clarke. She is the third-longest serving Supreme Court judge ever at the time of her retirement. In her remarks on her retirement, she draws attention to the government’s failure to institute a judicial council, having first attempted to persuade the government to establish one in 1997.

In 2019, Denham is made an honorary fellow of Trinity College Dublin, where she was a Pro-Chancellor from 1996-2010.

The Courts Service announces on August 24, 2020 that the Supreme Court has appointed Denham to review the attendance of Supreme Court judge Séamus Woulfe at a dinner organised by the Oireachtas Golf Society. She is appointed on a non-statutory basis as the relevant section in the Judicial Council Act 2019 on judicial conduct has not yet been commenced.


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The Downpatrick Land Mine Attack

On April 9, 1990, the Provisional Irish Republican Army (IRA) detonates a massive improvised land mine under a British Army convoy outside Downpatrick, County Down, Northern Ireland. Four soldiers of the Ulster Defence Regiment (UDR) are killed, the regiment’s greatest loss of life since 1983.

The Provisional IRA had been attacking British Army patrols and convoys with land mines and roadside bombs since the beginning of its campaign in the early 1970s. The deadliest attack was the Warrenpoint ambush of August 1979, when 18 soldiers were killed by two large roadside bombs near Warrenpoint, County Down. In July 1983, four soldiers of the local Ulster Defence Regiment (UDR) were killed when their vehicle struck an IRA land mine near Ballygawley, County Tyrone. It was the UDR’s biggest loss of life up until then.

On the morning of April 9, 1990, two UDR armoured landrovers are traveling from Abercorn Barracks to Downpatrick. An IRA unit has planted a 1,000-pound improvised land mine in a culvert under the Ballydugan Road, just outside the town. The unit waits in woodland overlooking the road, about 350 feet away. As the landrovers drive over the culvert, the IRA detonates the bomb by command wire. The huge blast blows the vehicle into a field and gouges a large crater in the road, 50 feet wide and 15 feet deep. A witness describes “a scene of utter carnage.” Four soldiers are killed: Michael Adams (23), John Birch (28), John Bradley (25), and Steven Smart (23). It is the biggest loss of life suffered by the UDR since the 1983 Ballygawley land mine attack. The soldiers in the other landrover suffer severe shock and are airlifted to hospital. According to police, a civilian driver also suffers shock and another receives cuts and bruises.

The bombers escape on a motorcycle which had been stolen in Newry a week earlier, and is later found abandoned in Downpatrick. The IRA issues a statement saying the attack was carried out by members of its South Down Brigade.

British Prime Minister Margaret Thatcher says on BBC Radio, “You take these murders of these four people today alongside those decisions in the Supreme Court of the Republic not to extradite those accused of violent crime – and one is very, very depressed.” Charles Haughey, the Taoiseach of the Republic of Ireland, condemns the attack as an “atrocity.”

A 23 year-old man is later sentenced to 15 years in prison for the attack. He had driven a scout car for the bombers when it was planted the day before the attack.


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin, and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats, but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”


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Death of Stephen Hayes, Member & Leader of the IRA

Stephen Hayes, a member and leader of the Irish Republican Army (IRA) from April 1939 to June 1941, dies in Enniscorthy, County Wexford, on December 28, 1974.

Hayes is born in Enniscorthy on December 26, 1902. During the Irish War of Independence (1919-21), he is commandant of the Wexford Brigade of Fianna Éireann. He takes the Anti-Treaty side during the Irish Civil War (1922-23), during which he is interned.

Hayes is active in Gaelic Athletic Association circles in Wexford. In 1925, he helps Wexford win the Leinster Senior Football Championship. He also serves as secretary to the county board for ten years, from the 1920s to 1930s.

Hayes joins the IRA and is on the IRA Army Council in January 1939 when it declares war on the British government. When IRA Chief of Staff Seán Russell departs on IRA business to the United States, and subsequently to Nazi Germany, Hayes becomes IRA Chief of Staff. His time in office is marred by controversy and it is widely believed that he serves as an informer to the Garda Síochána.

Hayes sends a plan for the invasion of Northern Ireland by German troops to Germany in April 1940. This plan later becomes known as Plan Kathleen. He is also known to have met with German agent Hermann Görtz on May 21, 1940 in Dublin shortly after the latter’s parachuting into Ireland on May 5, 1940 as part of Operation Mainau. He is known to have asked Görtz for money and arms to wage a campaign in Northern Ireland, although shortly after this meeting the original Plan Kathleen is discovered. The discovery of the plan leads to the acceleration of joint British and Irish military planning for a German invasion known as Plan W.

Another meeting on August 15, 1940 on Rathgar Road, Dublin organised by Hayes and attended by senior IRA men Paddy McGrath, Tom Harte and Tom Hunt, is also raided by the Garda Síochána.

McGrath and Harte are both arrested and tried by Military Tribunal, established under the Emergency Powers Act 1939. They challenge the legislation in the High Court, seeking a writ of habeas corpus, and ultimately appeal to the Supreme Court of Ireland. They are represented in the courts by Seán MacBride. The appeal is unsuccessful and they are executed by firing squad at Dublin’s Mountjoy Prison on September 6, 1940.

On June 30, 1941, Northern-based IRA men kidnap Hayes, accusing him of being a spy. By his own account, he is tortured and “court-martialed” for “treason” by his comrades, and would have been executed, but he buys himself time composing an enormously long confession. He manages to escape on September 8, 1941, and hands himself in to the Garda for protection.

The Officer Commanding (O/C) of the IRA Northern Command, Seán McCaughey, is convicted on September 18, 1941 of the kidnapping. After a long hunger and thirst strike in Portlaoise Prison, he dies on May 11, 1946.

Hayes is later sentenced to five years’ imprisonment by the Special Criminal Court on account of his IRA activities.

Within IRA circles, Hayes is still considered a traitor and an informer. One of the main allegations against him is that he informed the Garda Síochána about IRA arms dumps in Wexford. However, this is later blamed on a Wexford man named Michael Deveraux, an officer of the Wexford Battalion of the IRA who is subsequently abducted and executed by an IRA squad in County Tipperary on Hayes’ orders. George Plant, a Protestant IRA veteran, is later executed in Portlaoise Prison for Devereux’s murder.

After his release, Hayes resumes his clerical position at Wexford County Council. He dies in Enniscorthy on December 28, 1974.


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De Valera’s 1937 Constitution

Éamon de Valera’s new constitution, with its assertions of Ireland as a sovereign 32-county state, and its definition of Catholic morality and “women’s place” is approved on January 14, 1937.

De Valera’s 1937 constitution (Bunreacht na hÉireann) evokes a passionate rebuke of the articles defining the role and rights of women. The aspirations of 1916 had been eroded to the extent that the rights of half of the State’s citizens were reduced and effectively became second-class citizens. In 1936, while formulating the new constitution, Éamon de Valera establishes a civil service committee to assist him. They are all men. He also takes extensive advice from the president of the Supreme Court and the High Court. Both again are men. Archbishop of Dublin, John Charles McQuaid, also heavily influences the final text. There are only three women TDs at the time and none of them say a word in the Dáil debates on the draft.

Women are told that marriage should be their highest aspiration, child rearing their only creative outlet, and that economic dependence their civic duty. That in its turn produces levels of misogyny, emotional sterility and civic immaturity.

Article 41.2.1 becomes famous as ‘a woman’s place is in the home’ statement: “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.”

Many women protest in public and in private during the drafting of de Valera’s constitution. The Irish Women Workers Union, many of whose members had been involved in the 1916 Easter Rising, express outrage. A letter from the secretary to de Valera, quoting the clauses which refer to the position of women says, “it would hardly be possible to make a more deadly encroachment upon the liberty of the individual.” The constitution is accepted and a combination of revisionism and isolationism in the years that follow leave the majority of Ireland’s citizens ignorant of the legacy woman had been denied.

The fundamental principle of the 1916 proclamation, which guaranteed religious and civil liberty, equal rights and equal opportunities to all citizens, echoed by the 1922 Constitution of the Irish Free State, guaranteeing those rights to every person “without distinction of sex,” had been changed.

As commander of the Boland’s Mill outpost in 1916, de Valera had been the only leader to refuse women’s participation in the Rising. As with many of the woman who fought in the Rising, in the same streets where Elizabeth O’Farrell walked through gunfire, now with Article 41 of the Constitution, de Valera closes the door on women’s progress in a more definitive way.


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Northern Ireland Opts Out of the Irish Free State

The six counties of what would become Northern Ireland opt out of the Irish Free State on December 7, 1922 and become a separate political entity with allegiance to England.

The Irish Free State Constitution Act 1922 (Session 2) is an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.

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 Minister Bonar 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 abstentionist Nationalist 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.

After the Statute of Westminster 1931, the UK government recognises the right of the Irish government to amend or repeal the UK act, but in fact the Irish government does not do so until it is formally repealed as spent by the Statute Law Revision Act 2007. The Irish government amends the Irish act in 1933 and the 1937 Constitution of Ireland repeals the entire Free State constitution. The UK Judicial Committee of the Privy Council rules in 1935 that the 1933 Act had implicitly amended the UK Act with respect to the jurisdiction of the Free State. The Supreme Court of Ireland has taken the view that the Free State constitution was enacted by the Irish Act, not by the subsequent UK Act. This reflects the view of popular sovereignty rather than parliamentary sovereignty, with the constitution’s legitimacy ultimately springing from the 1922 Irish general election.


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Birth of Justice Catherine McGuinness

Catherine McGuinness (née Ellis), retired Irish judge, is born in Belfast, Northern Ireland on November 14, 1934. She serves as a Judge of the Supreme Court of Ireland from 2000 to 2006, a Judge of the High Court from 1996 to 2000, a Judge of the Circuit Court from 1994 to 1996 and a Senator for the University of Dublin from 1979 to 1981 and between 1983 and 1987. She is appointed by President Michael D. Higgins to the Council of State from 1988 to 1990 and 2012 to 2019.

McGuinness is President of the Law Reform Commission from 2007 to 2009. In May 2013, she is appointed Chair of the National University of Ireland Galway Governing Authority.

McGuinness is educated in Alexandra College, Trinity College Dublin and the King’s Inns. In the 1960s she works for the Labour Party. She is called to the Irish Bar in 1977 at age 42. In 1989, she is called to the Inner Bar.

In 1979, McGuinness is elected as an independent candidate to Seanad Éireann at a by-election on December 11, 1979 as a Senator for the University of Dublin constituency, following the resignation of Senator Conor Cruise O’Brien, taking her seat in the 14th Seanad. She is re-elected at the 1981 elections to the 15th Seanad, and in 1983 to the 17th Seanad, where she serves until 1987, losing her seat to David Norris. She is appointed to the Council of State on May 2, 1988 by President Patrick Hillery and serves until 1990.

McGuinness is appointed a judge of the Circuit Court in 1994, the first woman to hold that office in Ireland. In 1996, she is appointed to the High Court and remains there until her appointment to the Supreme Court in January 2000.

In November 2005, McGuinness is appointed Adjunct Professor at the Faculty of Law, National University of Ireland, Galway. She is also appointed President of the Law Reform Commission in 2005, and holds that position until 2011.

In April 2009, McGuinness is awarded a “Lord Mayor’s Award” by Lord Mayor of Dublin Eibhlin Byrne “for her contribution to the lives of children and families in the city through her pioneering work.” In September 2010, she is named as one of the “People of the Year” for “her pioneering, courageous and long-standing service to Irish society.” In November 2012, she wins the Irish Tatler Hall of Fame Award.

In addition to her judicial career, McGuinness serves on the Employment Equality Agency, Kilkenny Incest Investigation, the Forum for Peace and Reconciliation, the National Council of the Forum on End of Life in Ireland and the Irish Universities Quality Board. In June 2011, she becomes patron of the Irish Refugee Council. In November 2011, she is appointed Chairperson of the “Campaign for Children.”

McGuinness has received honorary doctorates from the University of Ulster, the National University of Ireland, the University of Dublin, the Higher Education and Training Awards Council (HETAC) and the Royal College of Surgeons in Ireland. In February 2013, she accepts the Honorary Presidency of Trinity College, Dublin’s Free Legal Advice Centre.

In January 2014, McGuinness is appointed by Minister for Communications, Energy and Natural Resources, Pat Rabbitte, to chair the expert panel to oversee the preparation of reports on the best underground route options to compare with the Grid Link and Grid West high voltage power lines in Ireland. In March 2015, McGuinness receives an Alumni Award from Trinity College Dublin.

McGuinness is married to broadcaster and writer Proinsias Mac Aonghusa from 1954 until his death in 2003 and has three children. She resides in Blackrock, Dublin.


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Geraldine Kennedy Appointed Editor of The Irish Times

Geraldine Kennedy, Irish journalist and politician, is appointed editor of The Irish Times on October 11, 2002, becoming the first female editor of a national daily newspaper.

Kennedy is born on September 1, 1951 in Tramore, County Waterford. She studies at Dublin Institute of Technology and begins her journalistic career with a regional newspaper, The Munster Express. She moves to The Cork Examiner after less than a year, but spends only a few years there before joining The Irish Times.

On the foundation of the Sunday Tribune in 1980, Kennedy joins it as the paper’s political correspondent. The paper’s publisher, John Mulcahy, had become familiar with her when she had contributed to his journal Hibernia. When the Tribune briefly ceases production, she moves to the Sunday Press.

In 1982, Kennedy’s telephone, along with those of two other journalists, is tapped by former Minister for Justice Seán Doherty. Early in 1987, Kennedy successfully sues the incumbent Charles Haughey-led Fianna Fáil government for illegally tapping her phone. The revelation in 1992 that Haughey had ordered the phone taps leads to his resignation as Taoiseach.

Kennedy stands in the 1987 Irish general election as a candidate for the newly formed Progressive Democrats party in Dún Laoghaire. She comes third in the poll, winning 9.4% of the first-preference vote. She is one of fourteen Progressive Democrats TDs elected to Dáil Éireann in that election — a feat the party never achieves again. She is appointed the party’s spokesperson for foreign affairs. She stands again in the 1989 Irish general election and wins 9% of the first-preference vote but fails to retain her seat.

Following her election defeat, Kennedy returns to The Irish Times, then edited by Conor Brady, whom she had worked with at the Tribune when he was the editor. She avoids party-political journalism for several years, but she returns to covering politics in the early 1990s, and becomes The Irish Times‘ political editor in 1999. She becomes the newspaper’s first female editor upon the departure of Conor Brady in October 2002. One of her rivals for the editor’s chair is the paper’s high-profile columnist, Fintan O’Toole.

Kennedy is paid more than the editor of Britain’s top non-tabloid newspaper The Daily Telegraph, which has a circulation of about nine times that of The Irish Times. Later columnist Fintan O’Toole tells the Sunday Independent, “We as a paper are not shy of preaching about corporate pay and fat cats but with this there is a sense of excess. Some of the sums mentioned are disturbing. This is not an attack on Ms. Kennedy, it is an attack on the executive level of pay. There is double-standard of seeking more job cuts while paying these vast salaries.”

In September 2006, Kennedy approves the publication of an article in The Irish Times giving confidential details of investigations being made into payments purported to have been made in 1993 to Taoiseach Bertie Ahern. She refuses, upon request of the investigating Mahon Tribunal, to provide details of the source of the printed information. She responds that the documents have since been destroyed. Her refusal causes the Tribunal to seek High Court orders compelling her to provide details of the source. On October 23, 2007, the High Court grants the orders compelling her to go before the Tribunal and answer all questions. In its judgment, the High Court, criticising her decision to destroy the documents, says it is an “astounding and flagrant disregard of the rule of law.” In 2009, however, the Supreme Court of Ireland overturns this ruling, holding that the High Court had not struck the correct balance between the journalists’ right to protect their source and the tribunal’s right to confidentiality.

Kennedy announces on March 12, 2011 her intention to retire from The Irish Times by September, after a nine-year term as editor. She actually retires in June, and is succeeded by news editor, Kevin O’Sullivan, who succeeds her as editor on June 23, 2011.

In August 2012, Kennedy is appointed Adjunct Professor of Journalism at the University of Limerick. She has been awarded five honorary doctorates from Irish universities.