Cearbhall Ó Dálaigh
Encyclopedia
Cearbhall Ó Dálaigh served as the fifth President of Ireland, from 1974 to 1976. He resigned in 1976 after a clash with the government. He also had a notable legal career, including serving as Chief Justice of Ireland
.
, County Wicklow
. His father was a shopkeeper with little interest in politics.
Cearbhall had an older brother; Aonghus, and two younger sisters; Úna and Nuala. He went to St. Cronan's Boys National School. and later to Synge Street CBS
in Dublin. While attending University College Dublin
, he became auditor of the Literary and Historical Society.. He also became Irish language
editor of the Irish Press.
, Ó Dálaigh was a committed Fianna Fáil
supporter who served on the party's National Executive in the 1930s, he became Ireland's youngest Attorney General
in 1946 under Taoiseach
Éamon de Valera
, serving until 1948. Unsuccessful in Dáil Éireann
and Seanad Éireann
elections in 1948 and 1951, he was re-appointed as Attorney General in 1951 and in 1953 he was appointed as the youngest member of the Supreme Court
by his mentor, de Valera. Less than a decade later, he became Chief Justice, when selected by then Taoiseach, Seán Lemass
. He was a keen actor in his early years and became a close friend of actor Cyril Cusack
. It is commonly stated that Ó Dálaigh and Cusack picketed the Dublin launch of Disney's Darby O'Gill and the Little People
, for what they felt was the film's stereotyping of Irish people. However, there is no contemporary reference of this ever occurring.
In 1972, Taoiseach Jack Lynch
suggested to the opposition parties that they agree to nominate Ó Dálaigh to become President of Ireland
when President de Valera's last term ended in June of the following year. However Fine Gael
, which was confident that its prospective candidate, Tom O'Higgins
, would win the 1973 presidential election (he had almost defeated de Valera in 1966) turned down the offer. However, Fianna Fáil's Erskine H. Childers
went on to win the presidential election.
When Ireland joined the European Economic Community
, Jack Lynch appointed Ó Dálaigh as Ireland's judge on the European Court of Justice
. When President Childers died suddenly in 1974, all parties agreed to nominate Ó Dálaigh for the post.
enthusiasts and artists and respected by many Republican
s, he had a strained relationship with the Coalition Government, particularly with Conor Cruise O'Brien
and with Liam Cosgrave
.
His decision in 1976 to exercise his power to refer a bill to the Supreme Court to test its constitutionality brought him into conflict with the Fine Gael-Labour National Coalition. Following the assassination of the British Ambassador to Ireland, Christopher Ewart-Biggs
, by the Provisional Irish Republican Army
(IRA) on 23 July 1976 the government announced its intention to declare a state of emergency
. Ó Dálaigh referred the resulting bill, the Emergency Powers Bill, to the Supreme Court. When the court ruled that the bill was constitutional he signed the bill into law on 16 October 1976. The same day an IRA action in Mountmellick
resulted in the death of Michael Clerkin, a member of the Garda Síochána
police force . Ó Dálaigh's actions were seen by government ministers to have contributed to the killing of this Garda. The following day Minister for Defence Paddy Donegan
, on a visit to a barracks in Mullingar
to open a canteen, attacked the President for sending the bill to the Supreme court, calling him a "thundering disgrace" (or perhaps a less parliamentary expression, as contemporary sources described his language as far more vulgar) . Ó Dálaigh's private papers show that he considered the relationship between the President (as Commander-in-Chief of the Defence Forces) and the Minister for Defence had been "irrevocably broken" by the comments of the Minister in front of the army Chief of Staff and other high ranking officers. Donegan offered his resignation but Taoiseach Liam Cosgrave
refused to accept it. This proved the last straw for Ó Dálaigh, who believed that Cosgrave had additionally failed to meet his constitutional obligation to regularly brief the President. He resigned on 22 October 1976, "to protect the dignity and independence of the presidency as an institution". He was succeeded by Patrick Hillery
.
, County Kerry
.
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
.
Early life
Cearbhall Ó Dálaigh, one of four children, was born on 12 February 1911, in BrayBray
Bray is a town in north County Wicklow, Ireland. It is a busy urban centre and seaside resort, with a population of 31,901 making it the fourth largest in Ireland as of the 2006 census...
, County Wicklow
County Wicklow
County Wicklow is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the town of Wicklow, which derives from the Old Norse name Víkingalág or Wykynlo. Wicklow County Council is the local authority for the county...
. His father was a shopkeeper with little interest in politics.
Cearbhall had an older brother; Aonghus, and two younger sisters; Úna and Nuala. He went to St. Cronan's Boys National School. and later to Synge Street CBS
Synge Street CBS
Synge Street CBS is a Christian Brothers School in Dublin 8, Ireland. It was founded in 1864.-Primary school:The primary section caters for boys from seven to twelve years. It is called Sancta Maria CBS. It opened in 1954.-Secondary school:...
in Dublin. While attending University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
, he became auditor of the Literary and Historical Society.. He also became Irish language
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
editor of the Irish Press.
Career
A graduate of University College DublinUniversity College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
, Ó Dálaigh was a committed Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
supporter who served on the party's National Executive in the 1930s, he became Ireland's youngest Attorney General
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
in 1946 under Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
, serving until 1948. Unsuccessful in Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
and Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
elections in 1948 and 1951, he was re-appointed as Attorney General in 1951 and in 1953 he was appointed as the youngest member of the Supreme Court
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
by his mentor, de Valera. Less than a decade later, he became Chief Justice, when selected by then Taoiseach, Seán Lemass
Seán Lemass
Seán Francis Lemass was one of the most prominent Irish politicians of the 20th century. He served as Taoiseach from 1959 until 1966....
. He was a keen actor in his early years and became a close friend of actor Cyril Cusack
Cyril Cusack
Cyril James Cusack was an Irish actor, who appeared in more than 90 films.-Early life:Cusack was born in Durban, Natal, South Africa, the son of Alice Violet , an actress, and James Walter Cusack, a sergeant in the Natal mounted police. His parents separated when he was young and his mother took...
. It is commonly stated that Ó Dálaigh and Cusack picketed the Dublin launch of Disney's Darby O'Gill and the Little People
Darby O'Gill and the Little People
Darby O'Gill and the Little People is a 1959 Walt Disney Productions feature film starring Albert Sharpe, Janet Munro, Sean Connery and Jimmy O'Dea, in a tale about a wily Irishman and his battle of wits with leprechauns. The film was directed by Robert Stevenson and its screenplay written by...
, for what they felt was the film's stereotyping of Irish people. However, there is no contemporary reference of this ever occurring.
In 1972, Taoiseach Jack Lynch
Jack Lynch
John Mary "Jack" Lynch was the Taoiseach of Ireland, serving two terms in office; from 1966 to 1973 and 1977 to 1979....
suggested to the opposition parties that they agree to nominate Ó Dálaigh to become President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
when President de Valera's last term ended in June of the following year. However Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
, which was confident that its prospective candidate, Tom O'Higgins
Tom O'Higgins
Thomas Francis O'Higgins was an Irish Fine Gael politician, a barrister and a judge.Tom O'Higgins was born in Cork in 1916. He was the son of Thomas F. O'Higgins and the nephew of Kevin O'Higgins...
, would win the 1973 presidential election (he had almost defeated de Valera in 1966) turned down the offer. However, Fianna Fáil's Erskine H. Childers
Erskine Hamilton Childers
Erskine Hamilton Childers served as the fourth President of Ireland from 1973 until his death in 1974. He was a Teachta Dála from 1938 until 1973...
went on to win the presidential election.
When Ireland joined the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
, Jack Lynch appointed Ó Dálaigh as Ireland's judge on the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
. When President Childers died suddenly in 1974, all parties agreed to nominate Ó Dálaigh for the post.
President of Ireland
Ó Dálaigh tenure as president proved to be contentious. While popular with Irish languageIrish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
enthusiasts and artists and respected by many Republican
Irish Republicanism
Irish republicanism is an ideology based on the belief that all of Ireland should be an independent republic.In 1801, under the Act of Union, the Kingdom of Great Britain and the Kingdom of Ireland merged to form the United Kingdom of Great Britain and Ireland...
s, he had a strained relationship with the Coalition Government, particularly with Conor Cruise O'Brien
Conor Cruise O'Brien
Conor Cruise O'Brien often nicknamed "The Cruiser", was an Irish politician, writer, historian and academic. Although his opinion on the role of Britain in Northern Ireland changed over the course of the 1970s and 1980s, he always acknowledge values of, as he saw, the two irreconcilable traditions...
and with Liam Cosgrave
Liam Cosgrave
Liam Cosgrave is an Irish Fine Gael politician who served as Taoiseach and as Leader of Fine Gael . He was a Teachta Dála from 1943 to 1981....
.
His decision in 1976 to exercise his power to refer a bill to the Supreme Court to test its constitutionality brought him into conflict with the Fine Gael-Labour National Coalition. Following the assassination of the British Ambassador to Ireland, Christopher Ewart-Biggs
Christopher Ewart-Biggs
Christopher Ewart-Biggs, CMG, OBE was the British Ambassador to Ireland and an author. He was assassinated by the Provisional Irish Republican Army in Sandyford, Dublin....
, by the Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
(IRA) on 23 July 1976 the government announced its intention to declare a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
. Ó Dálaigh referred the resulting bill, the Emergency Powers Bill, to the Supreme Court. When the court ruled that the bill was constitutional he signed the bill into law on 16 October 1976. The same day an IRA action in Mountmellick
Mountmellick
Other than that its a 15th-century settlement on the narrow Owenass river with an encampment on its banks at Irishtown. Overlooking this valley with its trees and wildlife was a small church called Kilmongan which was closed by the Penal Laws in 1640...
resulted in the death of Michael Clerkin, a member of the Garda Síochána
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
police force . Ó Dálaigh's actions were seen by government ministers to have contributed to the killing of this Garda. The following day Minister for Defence Paddy Donegan
Paddy Donegan
Patrick Sarsfield "Paddy" Donegan was an Irish Fine Gael Party politician.He was educated at a Christian Brothers School in Drogheda and at the Vincentian Castleknock College. Donegan was first elected as a Fine Gael Teachta Dála at the 1954 general election. He lost his seat at the following...
, on a visit to a barracks in Mullingar
Mullingar
Mullingar is the county town of County Westmeath in Ireland. The Counties of Meath and Westmeath Act of 1542, proclaimed Westmeath a county, separating it from Meath. Mullingar became the administrative centre for County Westmeath...
to open a canteen, attacked the President for sending the bill to the Supreme court, calling him a "thundering disgrace" (or perhaps a less parliamentary expression, as contemporary sources described his language as far more vulgar) . Ó Dálaigh's private papers show that he considered the relationship between the President (as Commander-in-Chief of the Defence Forces) and the Minister for Defence had been "irrevocably broken" by the comments of the Minister in front of the army Chief of Staff and other high ranking officers. Donegan offered his resignation but Taoiseach Liam Cosgrave
Liam Cosgrave
Liam Cosgrave is an Irish Fine Gael politician who served as Taoiseach and as Leader of Fine Gael . He was a Teachta Dála from 1943 to 1981....
refused to accept it. This proved the last straw for Ó Dálaigh, who believed that Cosgrave had additionally failed to meet his constitutional obligation to regularly brief the President. He resigned on 22 October 1976, "to protect the dignity and independence of the presidency as an institution". He was succeeded by Patrick Hillery
Patrick Hillery
Patrick John "Paddy" Hillery was an Irish politician and the sixth President of Ireland from 1976 until 1990. First elected at the 1951 general election as a Fianna Fáil Teachta Dála for Clare, he remained in Dáil Éireann until 1973...
.
Death
Ó Dálaigh died in 1978, less than two years after resigning the presidency. He is buried in SneemSneem
Sneem is a town situated on the Iveragh Peninsula in County Kerry in the southwest of Ireland. It lies on the estuary of the River Sneem. National route N70 runs through the town....
, County Kerry
County Kerry
Kerry means the "people of Ciar" which was the name of the pre-Gaelic tribe who lived in part of the present county. The legendary founder of the tribe was Ciar, son of Fergus mac Róich. In Old Irish "Ciar" meant black or dark brown, and the word continues in use in modern Irish as an adjective...
.