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Tag Archives: Supreme Court of Ireland


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Death of Cearbhall Ó Dálaigh, the Fifth President of Ireland

Cearbhall Ó Dálaigh, Fianna Fáil politician, judge and barrister who serves as the fifth president of Ireland from December 1974 to October 1976, dies on March 21, 1978, in Sneem, County Kerry. He serves as Attorney General of Ireland from 1946 to 1948 and from 1951 to 1953, a Judge of the Supreme Court of Ireland from 1953 to 1973, Chief Justice of Ireland from 1961 to 1973 and a Judge of the European Court of Justice from 1973 to 1974.

Ó Dálaigh, one of four children, is born on February 12, 1911, in Bray, County Wicklow. His father, Richard O’Daly, is a fishmonger with little interest in politics. His mother is Una Thornton. His birth name is registered in English as Carroll O’Daly, which he uses during his legal career, and which is recorded by some publications.

Ó Dálaigh has an elder brother, Aonghus, and two younger sisters, Úna and Nuala. He goes to Saint Cronan’s Boys’ National School in Bray, and later to Synge Street CBS in Dublin. While attending University College Dublin (UCD), he becomes auditor of An Cumann Gaelach and of the Literary and Historical Society. He also becomes Irish language editor of The Irish Press.

Ó Dálaigh is a committed Fianna Fáil supporter who serves on the party’s National Executive in the 1930s. He becomes Ireland’s youngest Attorney General in 1946, under Taoiseach Éamon de Valera, serving until 1948. Unsuccessful in Dáil and Seanad elections in 1948 and 1951, he is re-appointed as Attorney General of Ireland in 1951. In 1953, he is nominated as the youngest-ever member of the Supreme Court by his mentor, de Valera. Less than a decade later, he becomes Chief Justice of Ireland, on the nomination of Taoiseach Seán Lemass. He is a keen actor in his early years, and becomes a close friend of actor Cyril Cusack. It is commonly stated that Ó Dálaigh and Cusack picketed the Dublin launch of Disney‘s Darby O’Gill and the Little People in 1959, for what they felt was the film’s stereotyping of Irish people. However, there is no known contemporary reference to this having occurred.

Ó Dálaigh is an opponent of the United States bombing of North Vietnam.

In 1972, Taoiseach Jack Lynch suggests to the opposition parties that they agree to nominate Ó Dálaigh to become President of Ireland when President de Valera’s second term ends in June of the following year. Fine Gael, confident that its prospective candidate, Tom O’Higgins, will win the 1973 presidential election, having almost defeated de Valera in 1966, turn down the offer. Fianna Fáil’s Erskine H. Childers goes on to win the election that follows.

When Ireland joins the European Economic Community (EEC), Lynch appoints Ó Dálaigh as Ireland’s judge on the European Court of Justice. When President Childers dies suddenly in 1974, all parties agree to nominate Ó Dálaigh to replace him.

Ó Dálaigh’s tenure as president proves to be contentious. While popular with Irish language speakers and with artists, and respected by many republicans, he has a strained relationship with the Government of the 20th Dáil, particularly with Minister Conor Cruise O’Brien and Taoiseach Liam Cosgrave.

Ó Dálaigh’s decision in 1976 to exercise his power to refer a bill to the Supreme Court to test its constitutionality brings him into conflict with the Fine Gael-Labour National Coalition. Following the assassination of the British Ambassador to Ireland, Christopher Ewart-Biggs, by the Provisional Irish Republican Army (IRA), on July 23, 1976, the government announces its intention to introduce legislation extending the maximum period of detention without charge from two to seven days.

Ó Dálaigh refers the resulting bill, the Emergency Powers Bill, to the Supreme Court. When the court rules that the bill is constitutional, he signs the bill into law on October 16, 1976. On the same day, an IRA bomb in Mountmellick, County Laois, kills Michael Clerkin, a member of the Garda Síochána, the country’s police force. Ó Dálaigh’s actions are seen by government ministers to have contributed to the killing of this Garda. On the following day, Minister for Defence Paddy Donegan, visiting a barracks in Mullingar, County Westmeath, to open a canteen, attacks the President for sending the bill to the Supreme Court, calling him a “thundering disgrace.”

Ó Dálaigh’s private papers show that he considered the relationship between the President (as Commander-in-Chief of the Defence Forces) and the Minister for Defence had been “irrevocably broken” by the comments of the Minister in front of the army Chief of Staff and other high-ranking officers. Donegan offers his resignation, but Taoiseach Liam Cosgrave refuses to accept it. This proves the last straw for Ó Dálaigh, who believes that Cosgrave had additionally failed to meet his constitutional obligation to regularly brief the President. He resigns from the presidency on October 22, 1976, “to protect the dignity and independence of the presidency as an institution.” He is succeeded as President of Ireland by Patrick Hillery.

Ó Dálaigh dies of a heart attack on March 21, 1978, less than two years after resigning the presidency. He is buried in Sneem, County Kerry.


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Birth of Paul “Dingus” Magee, Volunteer in the Provisional Irish Republican Army

Paul “Dingus” Magee, a former volunteer in the Belfast Brigade of the Provisional Irish Republican Army (IRA), is born in the Ballymurphy area of Belfast, Northern Ireland, on January 30, 1948.

Magee joins the Belfast Brigade of the IRA and receives a five-year sentence in 1971 for possession of firearms. He is imprisoned in Long Kesh, where he holds the position of camp adjutant. In the late 1970s and early 1980s he is part of a four-man active service unit, along with Joe Doherty and Angelo Fusco, nicknamed the “M60 gang” due to their use of an M60 general-purpose machine gun. On April 9, 1980, the unit lures the Royal Ulster Constabulary (RUC) into an ambush on Stewartstown Road, killing Constable Stephen Magill 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 British Army‘s Special Air Service (SAS) arrives 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 the car the IRA unit opens fire with the M60 machine gun from an upstairs window, hitting Captain Herbert Westmacott in the head and shoulder. Westmacott is killed instantly and is the highest-ranking member of the SAS killed in Northern Ireland. The remaining SAS members at the front of the house, 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 Magee 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 Magee and seven other prisoners, including Joe Doherty, Angelo Fusco and the other member 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 wear officer’s uniforms while a third wears clothing taken from a solicitor, and the group moves toward 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 toward 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 return fire before escaping in the waiting cars. Two days after the escape, Magee is convicted in absentia and sentenced to life imprisonment with a minimum recommended term of thirty years.

Magee escapes across the border into the Republic of Ireland. Eleven days after the escape he appears in public at the Wolfe Tone commemoration in Bodenstown Graveyard, County Kildare, where troops from the Irish Army and the Garda‘s Special Branch attempt to arrest him but fail after the crowd throws missiles and lay down in the road blocking access. He is arrested in January 1982 along with Angelo Fusco and sentenced to ten years imprisonment for the escape under extra-jurisdictional legislation. Shortly before his release from prison in 1989, he is served with an extradition warrant, and he starts a legal battle to avoid being returned to Northern Ireland. In October 1991, the Supreme Court of Ireland in Dublin orders his return to Northern Ireland to serve his sentence for the murder of Captain Westmacott, but Magee jumps bail and a warrant is issued for his arrest.

Magee flees to England, where he is part of an IRA active service unit. On June 7, 1992, Magee and another IRA member, Michael O’Brien, are traveling in a car on the A64 road between York and Tadcaster, when they are stopped by the police. Magee and O’Brien are questioned by the unarmed police officers, who become suspicious and call for back-up. Magee shoots Special Constable Glenn Goodman, who dies later in hospital, and then shoots the other officer, PC Kelly, four times. Kelly escapes death when a fifth bullet ricochets off the radio he is holding to his ear, and the IRA members drive away. Another police car begins to follow the pair, and comes under fire near Burton Salmon. The lives of the officers in the car are in danger, but Magee and O’Brien flee the scene after a member of the public arrives. A manhunt is launched, and hundreds of police officers, many of them armed, search woods and farmland. Magee and O’Brien evade capture for four days by hiding in a culvert, before they are both arrested in separate police operations in the town of Pontefract.

On March 31, 1993, Magee is found guilty of the murder of Special Constable Goodman and the attempted murder of three other police officers and sentenced to life imprisonment. O’Brien is found guilty of attempted murder and receives an eighteen-year sentence. On September 9, 1994, Magee and five other prisoners, including Danny McNamee, escape from HM Prison Whitemoor. The prisoners, in possession of two guns that had been smuggled into the prison, scale the prison walls using knotted sheets. A guard is shot and wounded during the escape, and the prisoners are captured after being chased across fields by guards and the police. In 1996 Magee stages a dirty protest in HM Prison Belmarsh, in protest at glass screens separating prisoners from their relatives during visits. He has refused to accept visits from his wife and five children for two years, prompting Sinn Féin to accuse the British government of maintaining “a worsening regime that is damaging physically and psychologically.”

In January 1997, Magee and the other five escapees from Whitemoor are on trial on charges relating to the escape for a second time, as four months earlier the first trial had been stopped because of prejudicial publicity. Lawyers for the defendants successfully argued that an article in the Evening Standard prejudiced the trial as it contained photographs of Magee and two other defendants and described them as “terrorists,” as an order had been made at the start of the trial preventing any reference to the background and previous convictions of the defendants. Despite the judge saying the evidence against the defendants was “very strong”, he dismisses the case stating, “What I have done is the only thing I can do in the circumstances. The law for these defendants is the same law for everyone else. They are entitled to that, whatever they have done.”

On May 5, 1998, Magee is repatriated to the Republic of Ireland to serve the remainder of his sentence in Portlaoise Prison, along with Liam Quinn and the members of the Balcombe Street Gang. He is released from prison in late 1999 under the terms of the Good Friday Agreement and returns to live with his family in Tralee, County Kerry. On March 8, 2000, he is arrested on the outstanding Supreme Court extradition warrant from 1991 and remanded to Mountjoy Prison. The following day he is granted bail at the High Court in Dublin, after launching a legal challenge to his extradition. 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.” In December 2000 Magee 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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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.