Top Issue 1-2024

30 September 2011

Resize: A A A Print

Cosgrave Coalition forces President out of office

Cearbhall Ó Dálaigh

WITH ALL EYES on the Presidential election, it is interesting to recall an event 35 years ago when a President questioning repressive legislation used against Irish republicans led to him being effectively forced out of office by a Fine Gael/Labour government.
Cearbhall Ó Dálaigh, a former Chief Justice, became President without an election in 1974 following the death in office of his predecessor, Erskine Childers. Ó Dálaigh was widely seen as a liberal judge in the Supreme Court, making a number of judgements that strengthened citizens’ rights.
The Fine Gael/Labour Coalition led by Liam Cosgrave had come to office in 1973 and its primary response to the crisis in the Six Counties was repression against republicans. This led to the widespread erosion of civil rights under the Offences Against the State Act, broadcasting censorship and harassment of those seen as critics of the state.
In 1976, the Cosgrave Coalition declared a state of emergency and introduced an Emergency Powers Bill which provided for seven-day detention without charge. Using his powers under the Constitution, Cearbhall Ó Dálaigh referred the Emergency Powers Bill to the Supreme Court to test its constitutionality. The Court upheld the Bill and Ó Dálaigh signed it into law on 16th October. Two days later, at a function with senior officers of the Defence Forces in Mullingar Barracks, Fine Gael Defence Minister Paddy Donegan slammed Ó Dálaigh for referring the Bill to the Supreme Court. Donegan said:
“In my opinion, he is a thundering disgrace.”
Donegan apologised and offered his resignation to Cosgrave. However, in a blatant snub to the President, Cosgrave refused to accept the resignation. Ó Dálaigh felt he had no option but to resign “to assert publicly my personal integrity and independence as President of Ireland”.
This crisis occurred at a time when gardai in the notorious ‘Heavy Gang’ were using emergency powers to detain and ill-treat citizens in custody.

• Cearbhall Ó Dálaigh was forced out of office by the Cosgrave Coalition on 22nd October 1976, 35 years ago this month.

Follow us on Facebook

An Phoblacht on Twitter

An Phoblacht Podcast

An Phoblacht podcast advert2

Uncomfortable Conversations 

uncomfortable Conversations book2

An initiative for dialogue 

for reconciliation 

— — — — — — —

Contributions from key figures in the churches, academia and wider civic society as well as senior republican figures

GUE-NGL Latest Edition ad

An Phoblacht
44 Parnell Sq.
Dublin 1
Ireland