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


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The First Amendment of the Constitution of Ireland

constitution-of-irelandThe First Amendment of the Constitution Act 1939 amends the Constitution of Ireland to extend the constitutional definition of “time of war” to include a period during which a war occurs without the state itself being a direct participant. It is introduced and signed into law on September 2, 1939, the day after the Invasion of Poland by Germany and allows the government to exercise emergency powers during World War II, known in Ireland as The Emergency, although the state is neutral.

Article 28.3.3° of the Constitution grants the state sweeping powers during a state of emergency, but in the form in which the article is adopted in 1937, they can be invoked only during a “time of war or armed rebellion.” The First Amendment specifies that “time of war” can include an armed conflict in which the state is not actually taking part.

The amendment is introduced by the Fianna Fáil government of Éamon de Valera on September 2, 1939, and passes swiftly through both houses of the Oireachtas. Unlike later amendments, the First and Second Amendments are not submitted to a referendum because under the terms of Article 51, one of the Transitory Provisions of the Constitution, the Constitution can be amended by a vote of the Oireachtas alone from 1938 to 1941.

The First Amendment is passed only in English. This creates a constitutional difficulty, as the Irish text of the Constitution has legal precedence. The error is rectified by the Second Amendment, passed in 1941, which includes in its provisions, at Reference No. 21, the Irish text of the First Amendment.

The Emergency Powers Act 1939 is passed and signed on the same day as the First Amendment. Further Acts are passed over the course of World War II. The Emergency Powers Act 1976 is passed in response to The Troubles.

Article 28.3.3º is amended on two further occasions. The Second Amendment, passed in 1941, also under Article 51, clarifies that emergency provisions must be within the time of war or armed rebellion itself and add a clause at the end of the last sentence, which specifies that a “time of war” can extend beyond the termination of hostilities. The Twenty-first Amendment, passed in 2001, prohibits the use of the death penalty in a new subsection in Article 15.5.2º, and provides that the emergency provisions of the Constitution cannot be used to allow the death penalty.


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The Founding of Clann na Poblachta

sean-macbrideClann na Poblachta, a radical new republican party, is founded in Barry’s Hotel, Dublin, on July 6, 1946 by former members of the Irish Republican Army (IRA) who are very unhappy at the treatment of IRA prisoners during “The Emergency” and who are prepared to try and engage in parliamentary politics. The party lasts 19 years but fails in its objectives due to internal feuds and lack of unity.

The group includes people such as Con Lehane and former IRA Chief of Staff Seán MacBride. Some members of Fianna Fáil also join the party, many of whom have become disillusioned with the leadership of Éamon de Valera, the party’s approach to partition and its economic policies.

Clann na Poblachta realises that it has to place an emphasis on practical improvements to living standards and welfare issues such as public health. These policies attract a number of younger members such as Noël Browne and Jack McQuillan. One potential problem for the future is that almost the entire Provisional Executive is resident in Dublin and the party has no organisation in the six counties of Northern Ireland.

In 1948, Éamon de Valera dissolves the Dáil and calls an election for February. Clann na Poblachta wins only ten seats in the 1948 Irish general election, fewer than the breakthrough expected, caused in part by the error of running multiple candidates in many constituencies. The party believes there will be a landslide in their favour like the 1918 Westminster election but 48 of their 93 candidates lose their deposits. The party wins 13.3% of the vote but only 6.8% of the seats. Of their ten Teachtaí Dála (TD), six are elected in Dublin constituencies, two in Tipperary and one each in Cavan and Roscommon.

The party surprises everyone by joining the first Inter-Party Government with Fine Gael on condition that Richard Mulcahy, against whom many members had fought during the Irish Civil War, does not become Taoiseach. As a result, John A. Costello becomes Taoiseach without being leader of his party, the only time to date that this has happened. Seán MacBride becomes Minister for External Affairs and Noël Browne is named Minister for Health.

The party is the driving force behind the 26 counties exiting the Commonwealth of Nations and the all-party Anti-Partition Campaign.

The controversy of the “Mother and Child Scheme,” a progressive healthcare programme opposed by the Catholic Church, helps bring down the government and leads to the disintegration of the party. Many of the party’s TDs resign in solidarity with Noël Browne and his scheme, so the official party wins only two seats in the 1951 Irish general election.

In 1954, Clann na Poblachta agrees to give outside support to the Fine Gael-led government. In this election, three TDs are returned – MacBride, John Tully and John Connor. Controversy dogs the party as Liam Kelly, a Northern-based Clann na Poblachta senator, is also active in Saor Uladh and leads a number of military raids in County Fermanagh and County Tyrone against the Royal Ulster Constabulary (RUC).

Clann na Poblachta withdraws its support from the Government in late 1956 due to the its anti-IRA stance. The party wins only one seat at the 1957 Irish general election with MacBride being defeated by Fianna Fáil. John Tully remains the only Clann TD until his retirement in 1961, after he loses his seat. However, Joseph Barron is elected in Dublin South-Central on his fourth attempt.

In 1965, Tully wins back his seat but he is in effect an Independent as the party only stands four candidates. There had been negotiations between MacBride and Brendan Corish, the new Labour Party leader about forming a political alliance but this does not come to fruition.

A special Ard Fheis, held on July 10, 1965, agrees to dissolve Clan na Poblachta.

(Pictured: Sean MacBride, former Chief of staff of the Irish Republican Army and founder of Clann na Poblachta)


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Irish Neutrality During World War II

File written by Adobe Photoshop? 4.0On February 19, 1939 Taoiseach Éamon de Valera states his intention to preserve Irish neutrality in the event of a second world war.

The policy of Irish neutrality during World War II is adopted by the Oireachtas at the instigation of De Valera upon the outbreak of World War II in Europe. It is maintained throughout the conflict, in spite of several German airstrikes by aircraft that miss their intended British targets and attacks on Ireland’s shipping fleet by Allies and Axis alike. De Valera refrains from joining either the Allies or Axis powers. While the possibilities of not only a German but also a British invasion are discussed in Dáil Éireann, and either eventuality is prepared for, with the most detailed preparations being done in tandem with the Allies under Plan W, De Valera’s ruling party, Fianna Fáil, supports his neutral policy for the duration of the war.

This period is known in the Republic of Ireland as “The Emergency“, owing to the wording of the constitutional article employed to suspend normal government of the country.

Pursuing a policy of neutrality requires attaining a balance between the strict observance of non-alignment and the taking of practical steps to repel or discourage an invasion from either of the two concerned parties.

Ireland maintains a public stance of neutrality to the end, although this policy leads to a considerable delay in Ireland’s membership of the United Nations (UN). Ireland’s applications for membership are vetoed by the Soviet Union, a permanent member of the United Nations Security Council, from 1946 to December 1955. Seán MacBride considers that the UN boycott of Ireland had been originally agreed upon at the 1945 Yalta Conference by Winston Churchill and Joseph Stalin. Ireland’s acceptance into the UN is finally announced by John A. Costello on December 15, 1955.

Despite the official position of neutrality, there are many unpublicised contraventions of this, such as permitting the use of the Donegal Corridor to Allied military aircraft, and extensive co-operation between Allied and Irish intelligence, including exchanges of information, such as detailed weather reports of the Atlantic Ocean. For example, the decision to go ahead with the Normandy landings is decided by a weather report from Blacksod Bay, County Mayo.

(Pictured: Markings to alert aircraft to neutral Ireland during World War II on Malin Head, County Donegal)


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Death of Irish Language Writer Máirtín Ó Cadhain

Máirtín Ó Cadhain, one of the most prominent Irish language writers of the twentieth century, dies on October 18, 1970. Perhaps best known for his 1949 work Cré na Cille, Ó Cadhain plays a key role in bringing literary modernism to contemporary Irish language literature.

Born in Connemara, County Galway, Ó Cadhain becomes a schoolteacher but is dismissed due to his membership in the Irish Republican Army (IRA). In the 1930s he serves as an IRA recruiting officer, enlisting fellow writer Brendan Behan, and participates in the land campaign of the native speakers, which leads to the establishment of the Ráth Cairn neo-Gaeltacht in County Meath. Subsequently, he is arrested and interned in the Curragh Camp in County Kildare during the Emergency years due to his continued involvement in the violent activities of the IRA.

Ó Cadhain’s politics are a nationalist mix of Marxism and social radicalism tempered with a rhetorical anti-clericalism. In his writings concerning the future of the Irish language he is, however, practical about the position of the Catholic Church as a social and societal institution, craving rather for a wholehearted commitment to the language cause even among Catholic churchmen. It is his view that, as the Church is there anyway, it would be better if it were more willing to address the Faithful in the national idiom.

As a writer, Ó Cadhain is acknowledged to be a pioneer of Irish language modernism. His Irish is the dialect of Connemara but he is happy to cannibalise other dialects, classical literature and even Scots Gaelic for the sake of linguistic and stylistic enrichment of his own writings. Consequently, much of what he writes is reputedly hard to read for a non-native speaker.

Ó Cadhain is a prolific writer of short stories. His collections of short stories include Cois Caoláire, An Braon Broghach, Idir Shúgradh agus Dháiríre, An tSraith Dhá Tógáil, An tSraith Tógtha and An tSraith ar Lár. He also writes three novels, of which only Cré na Cille is published during his lifetime. The other two, Athnuachan and Barbed Wire, appear in print only recently. He translates Charles Kickham‘s novel Sally Kavanagh into Irish as Saile Chaomhánach, nó na hUaigheanna Folmha. He also writes several political or linguo-political pamphlets. His political views can most easily be discerned in a small book about the development of Irish nationalism and extremism since Theobald Wolfe Tone, Tone Inné agus Inniu. In the early 1960s he writes, partly in Irish, partly in English, a comprehensive survey of the social status and actual use of the language in the west of Ireland, published as An Ghaeilge Bheo – Destined to Pass. In August 1969 he delivers a speech, published as Gluaiseacht na Gaeilge: Gluaiseacht ar Strae, in which he speaks of the role Irish speakers should take in ‘Athghabháil na hÉireann’, or the Re-Conquest of Ireland as James Connolly first coins the term.

He and Diarmaid Ó Súilleabháin are considered the two most innovative Gaelic authors to emerge in the 1960s. He has frequent difficulties to get his work edited, but unpublished writings have appeared at least every two years since the publication of Athnuachan in the mid-nineties.

Máirtín Ó Cadhain dies on October 18, 1970 in Dublin and is buried in Mount Jerome Cemetery.

A lecture hall at Trinity College, Dublin is named after Ó Cadhain who was professor of Irish. A bronze bust is also located in the Irish department.