O’Higgins is described at his removal as a great Christian gentleman whose secular activities were outstanding both to his country and to Europe.
The chief mourners in St. Patrick’s Church are joined by the President of Ireland, Mary McAleese, and many representatives of the judiciary and politics. The mourners are led by his widow Terry, his children Tom, Geraldine, Michael, Barry, Kevin, Derval and Shane, his thirty grandchildren, his brother Michael and sister Rosaleen.
The parish priest, Father Maurice O’Moore, tells many hundreds in the congregation that O’Higgins and his wife had been regular worshippers at the church.
“Tom was a man of deep faith and his demeanour at prayer was an inspiration to me personally and to parishioners. I think of him this evening as a man of faith, as a man of prayer and a great Christian gentleman. His secular activities through his legal expertise were outstanding both to his country and to Europe,” he says.
Father O’Moore adds that many tributes had been paid to O’Higgins in the media, and everybody can be proud of the contribution he made as an Irishman through his religious faith, his sincerity and love of his country.
Father Bruce Bradley SJ, a friend of the family, gives a reading from the Gospel.
Also attending is Harry Hill SC, retired master of the High Court, Feargus Flood, chairman of the Flood Tribunal, as well many Supreme Court and High Court judges and barristers. The director-general of the Law Society, Ken Murphy, is also present, as are many solicitors.
The world of politics is well represented, particularly by members of the Fine Gael party, for which O’Higgins was a Teachta Dála (TD) and minister in the 1940s and 1950s.
Two former taoisigh, Garret FitzGerald and Liam Cosgrave, attend. Also present is the leader of the Fine Gael party, Enda Kenny, and Tom Hayes, chairman of the Parliamentary Party, as well as many party TDs and former deputies.
(From: “A great Christian gentleman’ whose secular activities served State, Europe,” by Christine Newman, The Irish Times, http://www.irishtimes.com, February 27, 2003)
Following his exit from politics in 1957, having lost his Dáil seat, Finlay resumes practicing as a barrister. He successfully defends Captain James Kelly in the infamous 1970 arms trial.
In 1971, Finlay is tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill treatment of detainees by security forces in Northern Ireland, they charge the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission rules the complaint admissible.
During this period Finlay presides over a number of landmark cases, including Attorney General v X in 1992, when he overturns a High Court injunction preventing a pregnant teenage rape victim travelling to the UK for an abortion.
When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, seeks disclosure of the cabinet’s minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court deny the request ruling that the concept of collective government responsibility in the Constitution takes precedence.
Finlay announces his resignation as Chief Justice of Ireland and retirement as a judge in 1994.
After his retirement, Finlay presides over a number of public inquiries.
In 1996, Finlay oversees the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road. His report to Bernard Allen, Minister for Sport, is critical of security arrangements on the night and recommends improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shares his report with the British Home Office.
After the collapse of The Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton, receives a damming report from the Competition Authority that Independent Newspapers has abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in The Irish Press. In September 1995, Bruton announces the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland. Minister Bruton appoints 21 people to the commission and appoints Finlay chair. Due to the wide remit and huge number of submissions, the commission’s report is delayed but is eventually published at the end of July recommending widespread reforms.
Following the discovery of the BTSB anti-D scandal, in 1996, Finlay is appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board. The speed and efficiency with which his BTSB Tribunal conducts its business, restores confidence in the Tribunal as a mechanism of resolving great controversies in the public interest.
Finlay also sits on an Irish Rugby Football Union (IRFU) panel to adjudicate on the cases of Rugby players accused of using banned performance-enhancing substances.
Finlay is married to Alice Blayney, who predeceases him in 2012. They have five children, two of whom follow in his family’s legal tradition: his son John being a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allows, he escapes to County Mayo where he indulges his passion for fishing.
Thomas Finlay dies at the age of 95 in Irishtown, Dublin, on December 3, 2017.
The last time England had played Ireland at Lansdowne Road was a UEFA Euro 1992 qualifying Group 7 match on November 14, 1990. After that match, there were clashes between some Irish and English fans and the Gardaí on O’Connell Street in Dublin. Before the 1995 friendly match, the Football Association of Ireland (FAI) holds talks with The Football Association (The FA) to review security arrangements to avoid a similar episode. The FA is offered 4,000 out of approximately 40,000 tickets, for English fans.
In pubs near Lansdowne Road stadium some English fans chant “No surrender to the IRA,” “Fuck the Pope” and “Clegg is innocent.” Irish fans are goaded, spat on and attacked. Pub staff find British National Party (BNP) literature left behind and, in some cases, pro-Loyalist graffiti in toilets.
The match begins at 6:15 p.m., and after 22 minutes, David Kelly scores a goal for Ireland. When a David Platt goal is disallowed for England in the 26th minute due to Platt being offside, some of the English fans begin throwing debris down into the lower stands, including parts of benches which they had ripped out earlier in the match. When this happens, the referee immediately stops the game, and brings the players off the pitch. When Jack Charlton, the Irish manager and former England player, walks off the pitch, the mobs “Judas, Judas.” The fans in the lower stands then spill out onto the pitch to escape the missiles from the English fans. Some Irish fans had mistakenly been put into the area where the English fans are when the FA returned a number of tickets to the FAI.
After the teams leave the pitch, the frequency of missiles intensifies, and after 12 minutes, the game is called off, and the fans are evacuated, with the exception of 4,500 English fans, who are kept in the stadium until the Garda Public Order Unit attempts to escort them out, at which time more violence breaks out. The Gardaí are slow to reach the area where the rioters are, and there is some confusion as to the exact location of the English fans between the Gardaí and the stewards. Twenty people are injured during the rioting, and forty are arrested.
The rioting is condemned on both sides of the Irish Sea. England manager Terry Venables says, “It was terrible. I have no words strong enough to describe how we feel about this. There could be repercussions.” Jack Charlton says, “I have seen a lot in football but nothing like this. It is a disaster for Irish football, but I didn’t want the game abandoned because what do you do with 2,000 English fans running around the town? The English fans were being bombarded by some of their own. And they brought out the worst in some of ours.” The rioting brings into question England’s hosting of UEFA Euro 1996, with Ireland’s Minister of State for Youth and Sport, Bernard Allen asking, “How can people from Ireland and from other countries go to England and expect to be safe watching matches in the presence of people like those who were here tonight?” The Garda handling of the match is criticised in the press when it is revealed that the Gardaí had been informed of the plans of some of the English fans to cause trouble by the British National Criminal Intelligence Service (NCIS). The decision to seat the English fans in an upper tier is also questioned in the press.
After questions are raised about the conduct of the Gardaí, former Chief Justice of Ireland, Thomas Finlay, is appointed to investigate the events. He finds that the rioting was entirely caused by the English fans without any provocation. The investigation finds that the head of the NCIS had offered help to the Gardaí in dealing with the hooligans, an offer which the Gardaí refused. Gardaí failed to act on a warning that 20 supporters of the England team who wore insignia of Combat 18 were travelling to the match. The segregation of the fans was also found to be insufficient, and this was found to be a contributory factor to the incident.
The next meeting between the two sides does not take place until Wednesday, May 29, 2013, a friendly at Wembley Stadium, and the next meeting in the Republic of Ireland is on Sunday, June 7, 2015, at Dublin’s Aviva Stadium. Both games pass without major disturbances.
seamus dubhghaill 