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Cearbhall Ó Dálaigh (12 February 1911 – 21
March 1978; Irish pronunciation: [ˈcaɾˠwaɫ̪ oː
ˈdˠaːɫ̪i]) served as 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.
Early
life
Cearbhall Ó Dálaigh was born in Bray, County Wicklow, Ireland. He was the son of Richard
Daly, who worked with McCabe's Fish and Poultry Shop.
Eventually he came to manage the firm's shop in Bray.
Cearbhall had an older brother; Aonghus, and two younger
sisters; Úna and Nuala. He went to St.
Cronan's Boys National School.[1]. While
attending University College Dublin, he
became auditor of the
Literary and Historical Society.[2]
Career
A graduate of University College Dublin, 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 Ireland's youngest Chief
Justice, when selected by then Taoiseach, Seán Lemass.
Ó Dálaigh and Mr. Justice Brian Walsh adopted a more
interventionist approach to interpreting the constitution, in a
manner that was occurring in the United States but previously not used in
more cautious Irish law interpretation. 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.
President
of Ireland
Ó Dálaigh proved to be a mixed success as president. While
popular with Irish
language enthusiasts and artists he had a strained relationship
with the Coalition Government.
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.[3] The
same day an IRA action in Mountmellick resulted in the death of a
member of the police force, the Garda Síochána. 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"[4] 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.[5]
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[5].
He resigned on 22 October 1976, "to protect the dignity and
independence of the presidency as an institution".[3] He
was succeeded by Patrick Hillery.
Death
Ó Dálaigh died in 1978, less than two years after resigning the
presidency. He is buried in Sneem, County Kerry.
References
- ^
Cearbhall Ó Dálaigh at
cuplafocal.ie
- ^
Auditors of the L&H,
UCD
- ^ a
b
Joseph Lee, Ireland, 1912-1985: Politics and Society,
Cambridge University Press, 1989, ISBN 0521377412 p. 482
- ^
Don Lavery, correspondent for the Westmeath Examiner, RTE This Week, 22 October
2006
- ^ a
b
Sunday Independent, 29
October 2006 - The many resignations of O Dalaigh
External
links