seamus dubhghaill

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

Tag Archives: Twenty-first Amendment of the Constitution of Ireland


by Leave a comment

Death of Brendan McGahon, Fine Gael Politician

Brendan McGahon, Irish Fine Gael politician who serves as a Teachta Dála (TD) for the Louth constituency from 1982 to 2002, dies on February 8, 2017, following a brief illness. Often described as “colourful,” with a reputation as a social conservative, he is first elected to Dáil Éireann at the November 1982 Irish general election and retains his seat until retiring at the 2002 Irish general election.

McGahon is born in Dundalk, County Louth, on November 22, 1936, and is educated at St. Mary’s College, Dundalk. His grandfather, T.F. McGahon, is one of the inaugural members of Dundalk Urban District Council when it is created along with other Irish local authorities by the British Government in 1898. T.F. McGahon is a leading member of the Irish Parliamentary Party (IPP). He starts a local newspaper, the Dundalk Democrat, which is supportive of the IPP. He is a critic of the Irish War of Independence campaign, of Sinn Féin, and of the then Irish Republican Army (IRA), arguing that the campaign will result in the partition of Ireland. He is later succeeded on the council by his son, O.B. McGahon, who in turn is followed by his nephew, Hugh McGahon. The family subsequently supports the National League Party and the Independent TD James Coburn and joins Fine Gael when Coburn joins the party. They are also prominent members of the Ancient Order of Hibernians.

McGahon marries Celine Lundy, a widow from Newry, County Down, and takes over the running of the family newspaper business in the 1960s. He plays soccer for Dundalk F.C. in the League of Ireland Premier Division for a number of years.

McGahon succeeds his cousin Hugh on Dundalk Town Council and on Louth County Council at the 1979 Irish local elections. He is an unsuccessful candidate at the 1981 Irish general election and at the February 1982 Irish general election. He is first elected to Dáil Éireann for Louth at the November 1982 Irish general election, defeating incumbent Fine Gael TD, Bernard Markey. He is re-elected at the next five general elections.

A notable aspect of McGahon’s political career is his stand against the Provisional IRA when that organisation’s campaign of violence is at its height. At great personal risk, he refuses to close his newsagents shop in Dundalk during the funerals of the hunger strikers in 1981. He takes another huge risk a few years later when he gives evidence in the High Court in support of The Sunday Times, which is being sued for libel by Thomas Murphy for accusing him of directing an IRA bombing campaign in Britain. Local Gardaí are ordered not to get involved in the case, but McGahon is not deterred from giving evidence that helps the newspaper to defend the claims being made against it by Murphy.

A maverick and outspoken TD, McGahon is known to speak his mind on many issues including divorce, crime, and single mothers. He once advocates that pedophiles should be castrated as part of their prison sentence and is the only TD to oppose the referendum to abolish the death penalty from the Constitution. He also argues that those under 21 years of age should not be able to drive or drink. He is a member of the World Anti-Communist League and opposes the decriminalisation of homosexuality. In 1993, he is the only TD to oppose the decriminalisation of homosexuality and says in the Dáil that:

“I regard homosexuals as being in a sad category, but I believe homosexuality to be an abnormality, some type of psycho-sexual problem that has defied explanation over the years. I do not believe that the Irish people desire this normalisation of what is clearly an abnormality. Homosexuality is a departure from normality and while homosexuals deserve our compassion, they do not deserve our tolerance. That is how the man in the street thinks. I know of no homosexual who has been discriminated against. Such people have a persecution complex because they know they are different from the masses or normal society. They endure inner torment, and it is not a question of the way others view them. The lord provided us with sexual organs for a specific purpose. Homosexuals are like left-hand drivers driving on the right-hand side of the road.”

On the other hand, McGahon speaks out strongly against the influence of the drink industry and defies his own party whip to vote with his left-wing friend Tony Gregory in favour of banning of hare coursing. He is also on good personal terms with members of the Oireachtas such as Michael D. Higgins and David Norris despite holding fundamentally opposed views to them.

McGahon does not contest the 2002 Irish general election and retires from politics.

McGahon lives in Ravensdale, County Louth. His son Conor is a Louth County Councillor from 1991 to 1999 and his brother Johnny is a Louth County Councillor from 1995 to 2004. Johnny’s nephew, John McGahon, is elected to Louth County Council at the 2014 Irish local elections and to Seanad Éireann in 2020.

McGahon dies at the age of 80 on February 8, 2017, following a short illness. Following a Mass at St. Patrick’s Cathedral on February 11, he is buried afterwards in St. Patrick’s Cemetery.


by Leave a comment

The First Amendment of the Constitution of Ireland

constitution-of-ireland

The 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.


by 7 Comments

The Last Execution in the Republic of Ireland

michael-manning

Michael Manning, Irish murderer, becomes the twenty-ninth and last person to be executed in the Republic of Ireland on April 20, 1954.

Manning, a 25-year-old carter from Johnsgate in Limerick, County Limerick, is found guilty of the rape and murder of Catherine Cooper, a 65-year-old nurse who works at Barrington’s Hospital in the city, in February 1954. Nurse Cooper’s body is discovered on November 18, 1953, in the quarry under the New Castle, Dublin Road, Castletroy. She is found to have choked on grass stuffed into her mouth to keep her from screaming during the committal of the crime.

Manning expresses remorse at the crime which he does not deny. By his own account, he is making his way home on foot after a day’s drinking in The Black Swan, Annacotty when he sees a woman he does not recognise walking alone. “I suddenly lost my head and jumped on the woman and remember no more until the lights of a car shone on me.” He flees at this point but is arrested within hours, after his distinctive hat is found at the scene of the crime.

Although Manning makes an impassioned plea for clemency in a letter to Minister for Justice Gerald Boland, his request is denied despite it also being supported by Nurse Cooper’s family. The execution by hanging is duly carried out on April 20, 1954, in Mountjoy Prison, Dublin by Albert Pierrepoint, who has traveled from Britain where he is one of three Senior Executioners.

Frank Prendergast, subsequently Teachta Dála (TD) for Limerick East who knew Manning well, recalls later, “Friends of mine who worked with me, I was serving my time at the time, went up to visit him on the Sunday before he was hanged. And they went to Mass and Holy Communion together and they played a game of handball that day. He couldn’t have been more normal.”

Manning leaves a wife who is pregnant at the time of the murder. His body is buried in an unmarked grave in a yard at Mountjoy Prison.

The death penalty is abolished in 1964 for all but the murder of gardaí, diplomats and prison officers. It is abolished by statute for these remaining offences in 1990 and is finally expunged from the Constitution of Ireland by approval by referendum of the Twenty-First Amendment on June 7, 2001.

The hanging of Michael Manning inspires a play by Ciaran Creagh. Creagh’s father, Timothy, is one of the two prison officers who stays with Michael Manning on his last night and Last Call is loosely based on what happened. It is shown in Mountjoy Prison’s theatre for three nights in June 2006.