seamus dubhghaill

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


Leave a comment

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As originally enacted, the Irish Free State Constitution Act 1922 consists of a preamble, five sections (three of which are very brief), and a schedule.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Irish government to amend or repeal the UK act, but in fact the Irish government does not do so until it is formally repealed as spent by the Statute Law Revision Act 2007.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.


Leave a comment

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)


1 Comment

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.