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Tag Archives: Third Dáil


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Death of Alfie Byrne, Politician & Lord Mayor of Dublin

Alfred Byrne, Irish politician who serves as a Member of Parliament (MP), as a Teachta Dála (TD) and as Lord Mayor of Dublin, dies in Dublin on March 13, 1956. He is known as the “Shaking Hand of Dublin.” He holds the distinction of being the only person to serve as Councillor, Alderman, Lord Mayor of Dublin, MP, TD and Senator.

Byrne is born on March 17, 1882, the second of seven children born to Thomas Byrne, an engineer, and Fanny Dowman. His childhood home is at 36 Seville Place, a terraced house with five rooms just off the North Strand in Dublin. He drops out of school at the age of thirteen and is soon juggling jobs as a grocer’s assistant and a bicycle mechanic. Eventually he uses his savings to buy a pub on Talbot Street. He marries Elizabeth Heagney in 1910.

Byrne becomes an Alderman on Dublin Corporation in 1914. He is a member of the Dublin Port and Docks Board, a significant position for a politician from the Dublin Harbour constituency. In the records of the Oireachtas his occupation is given as company director. He is elected as MP for Dublin Harbour as a candidate of the Irish Parliamentary Party (IPP) in a by-election on October 1, 1915, following the death of William Abraham. The Easter Rising in 1916 is followed by the rapid decline of the Irish Parliamentary Party and the rise of Sinn Féin. At the 1918 Irish general election he is defeated by a Sinn Féin candidate, Philip Shanahan.

Byrne is elected as an Independent TD supporting the Anglo-Irish Treaty for the Dublin Mid constituency at the general election to the Third Dáil in 1922. From 1923 to 1928 he represents Dublin City North. In 1928 he is elected for a six-year term as a member of Seanad Éireann. He vacates his Dáil seat on December 4, 1928. He resigns from the Seanad on December 10, 1931, and returns to the Dáil in 1932. He remains a TD until his death in 1956, representing Dublin City North (1932–37) and Dublin North-East (1937–56). In several elections he secures more votes than any other politician in the country.

Byrne is elected as Lord Mayor of Dublin in 1930, serving in the post for nine consecutive years. When cycling or walking around the city he dispenses lollipops to children, who are often seen chasing him down the street. With a handshake and a few words for all, his eternal canvassing soon earns him the first of his nicknames: the Shaking Hand of Dublin. Married with eight children, he treats the people of Dublin as his second family. Every morning he finds up to fifty people waiting for him in the Mansion House. None have appointments. All are met. He answers 15,000 letters in his first year as Lord Mayor. Many are from Dubliners looking for a job, a house, some advice or a reference. One morning in 1931 a journalist watches the Lord Mayor attend to his correspondence. Within an hour he accepts “seventeen invitations to public dinners, one invitation to a public entertainment and eight invitations to public functions.” Then he dictates forty-three sympathetic letters to men and women looking for employment.

In 1937, children between the ages of eight and eleven years old are being sentenced to spend up to five years in Industrial Schools. Their crime is stealing a few apples from an orchard. When Byrne says such sentences are “savage,” a judge responds with a defence of the Industrial School system, urging an end to “ridiculous Mansion House mummery.” He stands firm: “For the punishment of trifling offences the home of the children is better than any institution.” In 1938, he is favoured by the press for the presidency of Ireland, a ceremonial role created in the new Constitution, but he is outgunned by the political establishment.

When, in 1935, Byrne becomes the first Lord Mayor of Dublin to visit North America in 40 years, he is granted the freedom of Toronto, and The New York Times hails the arrival of a “champion showman.” He often extends a hand of friendship to Britain. He also improves relations between Dublin, until recently the centre of British authority, and the rest of the country. One night Dublin Fire Brigade gets an urgent call for assistance from Clones, County Monaghan. As Lord Mayor, he feels obliged to join the men on top of the fire engine as they set off on the 85-mile journey in the middle of the night.

In August 1936, Byrne addresses the inaugural meeting of the anti-communist Irish Christian Front, some of whose members later express anti-Semitic views. In 1938, as Lord Mayor, he presents a gift of a replica of the Ardagh Chalice to Italian naval cadets visiting Dublin on board two warships, who had been welcomed by the Irish government despite the protests of Dubliners. A photograph exists of Byrne giving a fascist salute along with Eoin O’Duffy, commander of the Blueshirts, around 1933.

In 1954, Byrne is elected as Lord Mayor for a record tenth time. This time he does not live in the Mansion House, but stays in Rathmines with his family, taking the bus to work each morning. He is just as devoted to the job. When flooding damages 20,000 houses in Fairview and North Strand, he rises from his sick bed to organise a relief fund. His final term as Lord Mayor comes to an end in 1955. Shortly afterwards, Trinity College Dublin awards him an honorary Doctorate of Law, describing him as a “champion of the poor and needy, and a friend of all men.”

Byrne dies on March 13, 1956. His funeral is the largest seen in Dublin for many years. The Evening Herald reports that “Traffic in O’Connell Street was held up for almost 20 minutes to allow the cortege of over 150 motor cars to pass, and at all the junctions along the route to Glasnevin people silently gathered to pay tribute to one of Dublin’s most famous sons.” The members of the Dáil stand and observe a short silence as a mark of respect. A telegram is sent to his widow from the Mayor of New York City, Robert F. Wagner Jr., expressing deepest sympathy, and stating “that Ald. Byrne had attained high office of Lord Mayor many times, but he never lost contact with the poor and the underprivileged, whose champion he was.”

The by-election caused by Byrne’s death, is won by his son, Patrick Byrne. Two other sons, A. P. Byrne and Thomas Byrne, are also TDs for various Dublin constituencies. Alfie Byrne Road in Clontarf is named after him. The Dublin Bay North branch of Young Fine Gael is renamed “Alfie Byrne YFG.”


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Birth of Austin Stack, Irish Republican & Politician

Augustine Mary Moore Stack, Irish republican and politician who serves as Minister for Home Affairs from 1921 to 1922, is born on December 7, 1879, in Ballymullen, Tralee, County Kerry. He is a Teachta Dála (TD) from 1918 to 1927.

Stack is born to William Stack, an attorney’s clerk, and Nanette O’Neill. He is educated at the Christian Brothers School in Tralee. At the age of fourteen, he leaves school and becomes a clerk in a solicitor‘s office. A gifted Gaelic footballer, he captains the Kerry team to All-Ireland victory in 1904. He also serves as President of the Kerry Gaelic Athletic Association County Board.

Stack becomes politically active in 1908 when he joins the Irish Republican Brotherhood (IRB). In 1916, as commandant of the Kerry Brigade of the Irish Volunteers, he makes preparations for the landing of arms by Roger Casement. He is made aware that Casement was arrested on Easter Saturday and was being held in Tralee. He makes no attempt to rescue him from Ballymullen Barracks.

Stack is arrested and sentenced to death for his involvement in the Easter Rising, however, this is later commuted to penal servitude for life. He is released under general amnesty in June 1917 and is elected as an abstentionist Sinn Féin MP for West Kerry at the 1918 Irish general election, becoming a member of the First Dáil. He is elected unopposed as an abstentionist member of the House of Commons of Southern Ireland and a member of the Second Dáil as a Sinn Féin TD for Kerry–Limerick West at the 1921 Irish elections.

Stack, as part of his role as Minister for Home Affairs, is widely credited with the creation and administration of the Dáil Courts. These are courts run by the Irish Republican Army (IRA) in parallel and opposition to the judicial system being run by the British government. The IRA and Sinn Féin are highly successful in both getting the civilian population of Ireland to use the courts and accept their rulings. The success of this initiative gives Sinn Féin a large boost in legitimacy and supports their goals in creating a “counter-state” within Ireland as part of their overarching goals in the Irish War of Independence.

Stack opposes the Anglo-Irish Treaty of 1921 and takes part in the subsequent Irish Civil War. He is captured in 1923 and goes on hunger strike for forty-one days before being released in July 1924.

Stack is elected to the Third Dáil at the 1922 Irish general election and subsequent elections as an Anti-Treaty Sinn Féin TD for the Kerry constituency. When Éamon de Valera founds Fianna Fáil in 1926, Stack remains with Sinn Féin, being re-elected to the Dáil at the June 1927 Irish general election. He does not contest the September 1927 Irish general election.

In 1925, Stack marries Winifred (Una) Gordon, (née Cassidy), the widow of a Royal Irish Constabulary (RIC) district inspector, Patrick Gordon.

Stack’s health never recovers following his hunger strike and he dies at the age of 49 in a Dublin hospital on April 27, 1929.

Austin Stack Park in his hometown of Tralee, one of the Gaelic Athletic Association’s stadiums, is named in his honour, as is the Austin Stacks GAA hurling and Gaelic football club.


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The Convening of the Second Dáil

The Second Dáil (Irish: An Dara Dáil) is Dáil Éireann as it convenes on August 16, 1921 following the dissolution of the First Dáil. The Second Dáil runs until June 8, 1922.

From 1919 to 1922, Dáil Éireann is the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consists of members elected at the 1921 Irish elections, but with only members of Sinn Féin taking their seats. On January 7, 1922, it ratifies the Anglo-Irish Treaty by 64 votes to 57 which ends the Irish War of Independence and leads to the establishment of the Irish Free State on December 6, 1922.

Since 1919, those elected for Sinn Féin at the 1918 Irish general election had abstained from the House of Commons and established Dáil Éireann as a parliament of a self-declared Irish Republic, with members calling themselves Teachtaí Dála or TDs. In December 1920, in the middle of the Irish War of Independence, the British Government passes the Government of Ireland Act 1920, which enacts partition by establishing two home rule parliaments in separate parts of Ireland. These provisions arise out of discussions held at the Irish Convention held in 1917, from which Sinn Féin abstains. In May 1921 the first elections to the House of Commons of Northern Ireland and the House of Commons of Southern Ireland are held, by means of the single transferable vote. On May 10, 1921, the Dáil passes a resolution that the elections scheduled to take place later in the month in both parts of the country will be “regarded as elections to Dáil Éireann.”

In the elections for Southern Ireland, all seats are uncontested, with Sinn Féin winning 124 of the 128 seats, and Independent Unionists winning the four seats representing the Dublin University. In the 1921 Northern Ireland general election, the Ulster Unionist Party (UUP) wins 40 of the 52 seats, with Sinn Féin and the Nationalist Party winning 6 seats each. Of the six seats won by Sinn Féin in Northern Ireland, five are held by people who had also won seats in Southern Ireland.

The Second Dáil responds favourably to the proposal from King George V on June 22, 1921 for a truce, which becomes effective from noon on July 11, 1921. This is upheld by nearly all of the combatants while the months-long process of arranging a treaty gets under way. The Truce allows the Dáil to meet openly without fear of arrest for the first time since September 1919, when it had been banned and driven underground.

During the Second Dáil the Irish Republic and the British Government of David Lloyd George agree to hold peace negotiations. As President of Dáil Éireann, Éamon de Valera is the highest official in the Republic at this time but is notionally only the head of government. In August 1921, to strengthen his status in the negotiations, the Dáil amends the Dáil Constitution to grant him the title President of the Republic, and he thereby becomes head of state.

On September 14, 1921, the Dáil ratifies the appointment of Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan and George Gavan Duffy as envoys plenipotentiary for the peace conference in England. These envoys eventually sign the Anglo-Irish Treaty on December 6. The debate on the Treaty starts on December 14, and continues until January 7, 1922. On that date, the Dáil approves the treaty by 64 in favour to 57 against. As the leader of the anti-Treaty minority, de Valera resigns as President. He allows himself to be nominated again, but is defeated on a vote of 60–58. He is succeeded as president by Arthur Griffith. The anti-Treaty deputies continue to attend the Dáil, with de Valera becoming the first Leader of the Opposition in the Dáil.

The ratification specified by the Treaty is by “a meeting summoned for the purpose of the members elected to sit in the House of Commons of Southern Ireland.” The Dáil vote does not fulfil this because four unionists are absent and one Northern Ireland member is present. The requisite approval comes at a separate meeting on January 14, 1922, attended by the unionists and boycotted by anti-Treaty TDs. The meeting also approves a Provisional Government led by Collins, which runs in parallel to Griffith’s Dáil government and with overlapping membership. The Government of Ireland Act 1920 requires the Commons to be summoned by the Lord Lieutenant and its members to take an oath of allegiance to the king, whereas the meeting on January 14 is summoned by Griffith and the members present do not take an oath.

Under the terms of the Treaty, a Constituent Assembly is to be elected to draft a Constitution for the Irish Free State to take effect by December 6, 1922. The assembly is also to serve as a “Provisional Parliament” to hold the Provisional Government responsible. This election is held on June 16, 1922 pursuant to both a resolution by the Second Dáil on May 20 and a proclamation by the Provisional Government on 27 May 27.

The Third Dáil is elected at the general election held on June 16, 1922. This election is required to be held under the Anglo-Irish Treaty signed on December 6, 1921.

(Pictured: Some members of the Second Dáil at the Grosvenor Hotel in London, seated (L to R) Éamon de Valera and Arthur Griffith, National Library of Ireland, NPA-RPH-10)


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Death of Robert Barton, Nationalist & Anglo-Irish Politician

Robert Childers Barton, Anglo-Irish politician, Irish nationalist and farmer who participates in the negotiations leading up to the signature of the Anglo-Irish Treaty, dies in Annamoe, County Wicklow, on August 10, 1975. His father is Charles William Barton and his mother is Agnes Alexandra Frances Childers. His wife is Rachel Warren of Boston, daughter of Fiske Warren. His double first cousin and close friend is the English-born Irish writer Erskine Childers.

Barton is born in Annamoe on March 14, 1881, into a wealthy Irish Protestant land-owning family, namely of Glendalough House. His two younger brothers, Erskine and Thomas, die while serving in the British Army during World War I. He is educated in England at Rugby School and the University of Oxford and becomes an officer in the Royal Dublin Fusiliers on the outbreak of World War I. He is stationed in Dublin during the 1916 Easter Rising and comes into contact with many of its imprisoned leaders in the aftermath while on duty at Richmond Barracks. He resigns his commission in protest at the heavy-handed British government suppression of the revolt. He then joins the Irish Republican Brotherhood (IRB).

At the 1918 Irish general election to the British House of Commons, Barton is elected as the Sinn Féin member for West Wicklow. In common with all Sinn Féin members, he boycotts the Westminster parliament and sits instead in Dáil Éireann (the First Dáil). Arrested in February 1919 for sedition, he escapes from Mountjoy Prison on Saint Patrick’s Day, leaving a note to the governor explaining that, owing to the discomfort of his cell, he felt compelled to leave, and requests the governor to keep his luggage until he sends for it. He is appointed as Director of Agriculture in the Dáil Ministry in April 1919. He is recaptured in January 1920 and sentenced to three years’ imprisonment, but is released under the general amnesty of July 1921.

In May of that year, prior to his release, Barton is elected as a Sinn Féin member for Kildare–Wicklow in the 1921 Irish election to the House of Commons of Southern Ireland. Once again all Sinn Féin members boycott this parliament, sitting as the Second Dáil. In August 1921, he is appointed to cabinet as Secretary for Economic Affairs.

Barton is one of the Irish plenipotentiaries to travel to London for the Anglo-Irish Treaty negotiations. His cousin is a secretary to the delegation. He reluctantly signs the Treaty on December 6, 1921, defending it “as the lesser of two outrages forced upon me and between which I had to choose.”

Although he had signed the Treaty and voted for it in the Dáil, Barton stands in the 1922 Irish general election for Anti-Treaty Sinn Féin, the only TD who had voted for the Treaty to do so, and wins a seat in the Third Dáil. In common with other Anti-Treaty TDs, he does not take his seat. In October 1922 he is appointed Minister for Economic Affairs in Éamon de Valera‘s “Emergency Government,” a shadow government in opposition to the Provisional Government and the later Executive Council of the Irish Free State. His memoir of this period is completed in 1954, and can be seen on the Bureau of Military History website. He is arrested and interned for most of the war at the Curragh Camp.

Barton is defeated at the 1923 Irish general election and retires from politics for the law, practicing as a barrister. He later becomes a judge. He is chairman of the Agricultural Credit Corporation from 1934 to 1954. He dies at home in County Wicklow on August 10, 1975, at the age of 94, the last surviving signatory of the Anglo-Irish Treaty. Éamon de Valera dies only nineteen days later, on August 29, 1975.

Glendalough House, run by Barton for over 70 years right up until his death, is still considered one of Ireland’s most notable properties, alongside nearby Powerscourt Estate. The house is the center of numerous political meetings and gatherings from 1910 to 1922. It has also been featured as a location in many large Hollywood films including Excalibur, Saving Private Ryan and Braveheart.


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Death of Piaras Béaslaí, Author, Playwright & Politician

Piaras Béaslaí, author, playwright, biographer and translator, who is a member of the Irish Republican Brotherhood (IRB), fights in the Easter Rising and serves as a member of Dáil Éireann, dies on June 22, 1965.

Béaslaí is born Percy Frederick Beazley in Liverpool, England on February 15, 1881 to Irish Catholic parents, Patrick Langford Beazley, originally from Killarney, County Kerry, and Nannie Hickey, from Newcastle West, County Limerick. During his summer holidays in his younger years, he spends time in Ireland (near Kenmare, County Kerry) with his paternal uncle, Father James Beazley, where he begins to learn the Irish language. He is educated at St. Francis Xavier’s College in Liverpool, where he develops his keen interest in Irish. By the time he is aged 17 his Irish proficiency is exceptional.

After finishing his education at St. Francis Xavier’s, Béaslaí is encouraged to begin Irish poetry by Tadhg Ó Donnchadha. He follows his father’s footsteps into journalism, initially working for the local Wallasey News. In 1906 he moves to Dublin, and within a year becomes a freelance writer for the Irish Peasant, Irish Independent, Freeman’s Journal and Express. He is offered a permanent position with Independent Newspapers, as assistant leader writer and special reporter for the Dublin Evening Telegraph. He writes regularly for the Freeman’s Journal, including a daily half-column in Irish.

After his early introduction to Irish poetry Béaslaí becomes involved in staging Irish-language amateur drama at the Oireachtas annual music festival. He begins to write both original works and adaptations from foreign languages. One of these works, Eachtra Pheadair Schlemiel (1909), is translated from German into Irish.

Later Béaslaí continues to write poetry, such as the collection “Bealtaine 1916” agus Dánta Eile (1920), and short stories such as “Earc agus Aine agus Scéalta Eile.” Between 1913 and 1939 he writes many plays, including Cliuche Cartaí (1920), An Sgaothaire agus Cúig Drámaí Eile (1929), An Danar (1929) and An Bhean Chródha (1931). He writes two books about his comrade Michael Collins: Michael Collins and the Making of a New Ireland (2 volumes, 1926) and Michael Collins: Soldier and Statesman (1937).

Béaslaí’s works revolve around the Irish language movement and the Irish Republican Army (IRA), focusing on the independence struggle of Ireland. He writes about these topics in newspapers such as the Standard and The Kerryman. His most notable work in newspapers during his later life includes his contribution to the Irish Independent, which publishes a section called ‘A Veteran Remembers’ five days a week from May 16 to June 1957, as well as a weekly section called ‘Moods and Memories’ on Wednesdays from May 24, 1961 to June 16, 1965.

One of the awards Béaslaí gains during his career is on August 14, 1928, a gold medal at the Tailteann Literary Awards. While in Dublin, he joins the Keating Branch of the Gaelic League, and after he moves to Ireland he begins using the Irish form of his name, Piaras Béaslaí, rather than Percy Beazley.

Béaslaí is a founding member of the Irish Volunteers in 1913. In January 1916 he serves as a courier for political activist and revolutionary leader Seán Mac Diarmada. By the time of the Easter Rising that year, he is deputy commanding officer of the 1st Dublin Battalion. In an audio recording to which he contributes in 1958, he details his experience in the Rising, describing the rebels assembling before noon in Blackhall Street at battalion headquarters. After midday they march out to the Four Courts, erecting barricades as they do so. The Four Courts is his main station.

In the audio, Béaslaí recalls a green flag with a gold harp in the centre. This is the non-Sinn Féin flag at the time. He is in direct charge of the Four Courts area, and at one point during the fight he orders a complete blackout. He recalls, “things were going badly for the English soldiers” and describes the whole event as “a weird experience.” He remembers the streets being lit up with fires in the darkness as if it were bright as day. He speaks of the intensity of the firing line and then how it suddenly ceases on the Friday. He remembers falling asleep and when he awakens being presented with Patrick Pearse‘s order to surrender. The rebels are brought to Richmond Barracks. He then spends fifteen months in English prisons.

Béaslaí serves three years of penal servitude divided between a stringent HM Prison Portland and a more lenient HM Prison Lewes. He is then imprisoned two times within four months during 1919, both terms ending in celebrated escapes. After his final prison release, Michael Collins approaches him about editing An tOglach, the Irish Volunteer newspaper. This sees communication between GHQ and local volunteers drastically improve.

Later, Béaslaí becomes director of publicity for the Irish Republican Army, and at the 1918 Irish general election he is elected to the First Dáil as Sinn Féin MP for East Kerry. Sinn Féin MPs elected in the Westminster elections of 1918 refuse to recognise the Parliament of the United Kingdom, and instead assemble the following January at the Mansion House in Dublin as a revolutionary parliament, Dáil Éireann. Béaslaí is noted for his translation of the democratic programme of the First Dáil, which he reads aloud at the inaugural sitting.

Béaslaí is a member of the Sinn Féin party for five years. Between 1919 and 1921 he represents the East Kerry constituency in the First Dáil. Then, at the 1921 Irish elections, he is returned unopposed to the Second Dáil as a Sinn Féin Teachta Dála (TD) for Kerry–Limerick West. Following the signing of the Anglo-Irish Treaty, he is re-elected there unopposed at the 1922 Irish general election as a pro-Treaty Sinn Féin candidate, and is thus a member of the Third Dáil, which is Pro-Treaty at this stage. In 1922 he goes to the United States to explain the Treaty to Sinn Féin’s Irish American supporters. He does not contest the 1923 Irish general election.

Béaslaí and Con Collins share the distinction of having been elected in three Irish general elections unopposed by any other candidates.

During Béaslaí’s time in London, he gives a lot of his time to the Gaelic League. In the Keating branch of the league, in Ireland, he develops an interest in the IRB. Cathal Brugha, a branch member, asks him to join the IRB. The Keating branch is where Béaslaí meets Michael Collins, eventually introducing Collins to his cousin and fellow branch member, Elizabeth Mernin. He is also instrumental in establishing An Fáinne, an Irish-speaking league whose members vow to speak solely Irish among themselves and wear a membership badge of a circle. This coincides with his involvement in the IRB. His love of the Irish language gives him an opportunity to delve into his other hobbies. He writes for Banba, an Irish journal published by the Gaelic League. He is able to express his love for theatre, in the Gaelic League, forming a group of men called “Na hAisteoirí.”

Béaslaí dies, unmarried, at the age of 84 on June 22, 1965, in a nursing home in Dublin. He is buried in a plot in Glasnevin Cemetery, after a Requiem Mass in St. Columba’s Church, Iona Road, Glasnevin.


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Passage of the Constitution (Removal of Oath) Act 1933

The Constitution (Removal of Oath) Act 1933 (act no. 6 of 1933, previously bill no. 2 of 1932), an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State and the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, is passed on May 3, 1933. The Act removes the Oath of Allegiance required of members of the Oireachtas and of non-Oireachtas extern ministers.

The oath, pledging allegiance to the Constitution and fidelity to George V as King of Ireland, is required by the Anglo-Irish Treaty signed in 1921, and has been the symbolic focus of Irish republican opposition to the Treaty in the 1922–23 Irish Civil War. When Fianna Fáil is founded in 1926 by veterans of the losing anti-Treaty side in the Civil War, abolishing the oath is a core aim. It is a main item in the manifesto for its successful 1932 Irish general election campaign, after which it forms a minority government whose first action is to introduce the Constitution (Removal of Oath) Bill 1932. Seanad Éireann has more ex-unionists and others conciliatory towards the United Kingdom, and vote to reject the bill unless the Treaty can be amended by agreement. After the 1933 Irish general election, the Fianna Fáil majority government is able to override the Seanad and enact the law.

As well as amending the Constitution, the 1933 act also amends the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, which had both created the Constitution in Irish law and also prohibited any Constitutional amendment incompatible with the Treaty. Since the Free State cannot unilaterally amend the Treaty, Fianna Fáil amends the 1922 act to remove the Treaty’s precedence over the Constitution. Later constitutional amendments are also incompatible with the terms of the Treaty, in particular by weakening and ultimately abolishing the office of Governor-General of the Irish Free State. There is legal controversy over whether the Oireachtas has the power to amend the 1922 act, because it had been passed by the Third Dáil sitting as a constituent assembly before the Oireachtas had come into being. In 1935 the Judicial Committee of the Privy Council (JCPC) in London rules that, in British law, the Oireachtas does have the power, under the Statute of Westminster 1931. Irish jurisprudence takes issue with many of the assumptions underlying the 1935 decision.

The question is rendered moot with the adoption of the Constitution of Ireland in 1937 which repeals the Free State Constitution. The 1933 act is itself repealed as spent by the Statute Law Revision Act 2016.

(Pictured: Great Seal of the Irish Free State)


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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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Dáil Éireann Approves the Anglo-Irish Treaty

second-all-ireland-dailDáil Éireann votes to approve the Anglo-Irish Treaty on January 7, 1922, following a debate through late December 1921 and into January 1922. The vote is 64 in favour, 57 against, with the Ceann Comhairle and three others not voting. The Sinn Féin party splits into opposing sides in the aftermath of the Treaty vote, which leads to the Irish Civil War from June 1922 until May 1923. The treaty is signed in London on December 6, 1921.

Two elections take place in Ireland in 1921, as a result of the Government of Ireland Act 1920 to establish the House of Commons of Northern Ireland and the House of Commons of Southern Ireland. The election is used by the Irish Republic as the basis of membership of the Second Dáil. The general election to the Northern Ireland House of Commons occurs on May 24, 1921. Of 52 seats, forty are won by unionists, six by moderate Irish nationalists, and six by Sinn Féin. No actual polling takes place in the Southern Ireland constituencies, as all 128 candidates are returned unopposed. Given the backdrop of the increasingly violent War of Independence, any candidates opposed to Sinn Féin and their supporters can expect to be harassed by the Irish Republican Army (IRA). Supporters of the Irish Labour Party stand aside to allow the constitutional situation to run its course. Of these 128, 124 are won by Sinn Féin, and four by independent unionists representing the University of Dublin constituency. Only the Sinn Féin candidates recognise the Second Dáil and five of these have been elected in two constituencies, one in each part of Ireland, so the total number of members who assemble in the Second Dáil is 125.

During the Second Dáil, the government of the Irish Republic and the British government of David Lloyd George agree to hold peace negotiations. On September 14, 1921 the Dáil ratifies the appointment of Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan, and George Gavan Duffy as envoys plenipotentiary for the peace conference in England. These envoys eventually sign the Anglo-Irish Treaty on December 6. After almost a month of acrimonious debate the treaty is formally ratified by Dáil Éireann on January 7, 1922.

To satisfy the requirements of the British constitution, the treaty also has to be ratified by the House of Commons of Southern Ireland. Thus Irish nationalists end their boycott of the home rule parliament to attend the southern House of Commons as MPs. This they do alongside the four Unionist MPs who had refused to recognise the Dáil. In this way the treaty is ratified a second time in Dublin, this time unanimously as the anti-Treaty TDs refuse to attend.

Under the terms of the Anglo-Irish Treaty a provisional parliament, considered by nationalists to be the Third Dáil, is elected in the 1922 general election on June 16. Collins and Éamon de Valera agree a pact between the pro- and anti-Treaty wings of Sinn Féin and this pact and the elections are endorsed by the Second Dáil. The new assembly is recognised both by nationalists and the British Government and so replaces both the Parliament of Southern Ireland and the Second Dáil with a single body. The anti-Treaty groups of IRA members, TDs, and their supporters are still bitterly opposed the settlement, despite the election result, and this leads to the Irish Civil War.

(Pictured: Second All-Ireland Dáil Éireann, elected in 1921)


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Execution of IRA Officer Joe McKelvey

joe-mckelveyJoe McKelvey, Irish Republican Army (IRA) officer, is executed by firing squad along with three other Anti-Treaty militants, on December 8, 1922, during the Irish Civil War.

McKelvey is born into a nationalist family in Stewartstown, County Tyrone. He has a keen interest in the Gaelic Athletic Association and the Irish language. He studies as an accountant and gains some of the qualifications necessary for this profession, but never fully qualifies. He works for a time at the Income Tax Office on Queen’s Square in Belfast and later finds work in Belfast’s engineering industry with Mackies on Springfield Road. He joins the Irish Republican Brotherhood and the Irish Volunteers, which after 1919, become known as the Irish Republican Army (IRA). He is a founding member of the O’Donovan Rossa Club, Belfast, founded in 1916 on the Falls Road. Each year the club honours him with a juvenile hurling blitz, an invitational competition which is participated in by clubs throughout Ireland.

McKelvey participates in the Irish War of Independence (1919–1921) against the British, in which he commands the IRA’s Belfast Brigade. On August 22, 1920, he helps to organise the killing of Royal Irish Constabulary (RIC) Detective Oswald Swanzy in Lisburn. The killing itself is carried out by IRA men from Cork, but McKelvey arranges a taxi to carry the assassins to and from the scene and disposes of their weapons. In reprisal for this shooting, 300 Catholic homes in Lisburn are burned out. McKelvey is forced to lie low in Dublin for some time after these events.

In March 1921, the IRA is re-organised by its leadership in Dublin into Divisions and McKelvey is appointed commander of the Third Northern Division, responsible for Belfast and the surrounding area. In May 1921, McKelvey’s command suffers a severe setback, when fifty of his best men are sent to County Cavan to train and link up with the IRA units there, only to be surrounded and captured by the British Army on Lappanduff hill on May 9. In most of Ireland, hostilities are ended with a truce declared on July 11, 1921.

McKelvey is alone among the leadership of the Belfast IRA in going against the acceptance of the Anglo-Irish Treaty. Most of his comrades support Michael Collins‘ assurances that, although the Treaty accepts the partition of Northern Ireland from the rest of the country, this is only a temporary concession which will be dealt with later. McKelvey does not accept this. As a result, he leaves his command as head of the IRA Third Northern Division and joins the Anti-Treaty IRA in Dublin.

In March 1922, McKelvey participates in the anti-Treaty IRA‘s repudiation of the authority of the Dáil, the civil government of the Irish Republic declared in 1919, and is elected to the IRA Army Executive. In April 1922 he helps command the occupation of the Four Courts in defiance of the new Irish Free State. This action helps to spark the civil war between pro- and anti-Treaty factions. McKelvey is among the most hardline of the anti-Treaty republicans and briefly, in June 1922, becomes IRA Chief of Staff, replacing Liam Lynch.

On June 28, 1922, the new Irish Free State government shells the Four Courts to assert its authority over the militants defending it. The Republicans in the Four Courts surrender after two days of fighting and McKelvey is captured. He is held for the following five months in Mountjoy Prison in Dublin.

On December 8, 1922, Joe McKelvey is executed by firing squad along with three other Anti-Treaty militants, Rory O’Connor, Liam Mellows, and Richard Barrett. The executions are ordered in reprisal for the Anti-Treaty IRA’s murder of Sean Hales, a Pro-Treaty member of the Third Dáil.