Cearbhall Ó Dálaigh

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This article is about the 20th-century politician. For the 17th-century poet, see Cearbhall Óg Ó Dálaigh.

Cearbhall Ó Dálaigh
5th President of Ireland
In office
19 December 1974 – 22 October 1976
TaoiseachLiam Cosgrave
Preceded byErskine H. Childers
Succeeded byPatrick Hillery
Judge of the European Court of Justice
In office
10 March 1973 – 19 December 1974
Nominated byGovernment of Ireland
Appointed byEuropean Council
4th Chief Justice of Ireland
In office
16 June 1961 – 22 September 1973
Nominated byGovernment of Ireland
Appointed byÉamon de Valera
Preceded byConor Maguire
Succeeded byWilliam FitzGerald
Justice of the Supreme Court
In office
3 November 1953 – 22 September 1973
Nominated byGovernment of Ireland
Appointed bySeán T. O'Kelly
9th Attorney General of Ireland
In office
14 June 1951 – 11 July 1953
TaoiseachÉamon de Valera
Preceded byKevin Dixon
Succeeded byCecil Lavery
In office
30 April 1946 – 18 February 1948
TaoiseachÉamon de Valera
Preceded byCharles Casey
Succeeded byThomas Teevan
Personal details
Born
Cearbhall Aedan Ó Dálaigh

(1911-02-12)12 February 1911
Bray, Wicklow, Ireland
Died21 March 1978(1978-03-21) (aged 67)
Portobello, Dublin, Ireland
Cause of deathCoronary thrombosis
Resting placeSneem, Kerry, Ireland
Political partyFianna Fáil
Spouse(s)Mairín Bean Uí Dhálaigh
(m. 1943; his death 1978)
Parents
  • Fionn Ó Dálaigh
  • Mary Ó Dálaigh
Alma mater
Profession

Cearbhall Ó Dálaigh (12 February 1911 – 21 March 1978; Irish pronunciation: [ˈcaɾˠwəlˠ oː ˈd̪ˠaːlˠə]) was an Irish Fianna Fáil politician, judge and barrister who served as the 5th President of Ireland from December 1974 to October 1976. He served as Judge of the European Court of Justice from 1973 to 1974, the 4th Chief Justice of Ireland from 1961 to 1973, Justice of the Supreme Court from 1953 to 1973 and 9th Attorney General of Ireland from 1946 to 1948 and 1951 to 1953.

His name is sometimes given in the alternative spelling of Carroll O'Daly,[1] which he also used during his legal career.[2][3]

Early life

Cearbhall Ó Dálaigh, one of four children, was born on 12 February 1911,[4] in Bray, County Wicklow.[5] 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.[6] and later to Synge Street CBS in Dublin. While attending University College Dublin, he became auditor of An Cumann Gaelach and of the Literary and Historical Society.[7] He also became Irish language editor of the Irish Press.[8]

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 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.[9] However, there is no contemporary reference of this ever occurring.[10]

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. Fine Gael, 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. Fianna Fáil's Erskine H. Childers went on to win the election.

When Ireland joined the European Economic Community, Jack Lynch appointed Ó Dálaigh as Ireland's judge on the European Court of Justice.[8] When President Childers died suddenly in 1974, all parties agreed to nominate Ó Dálaigh for the post.[11]

President of Ireland

Ó Dálaigh's tenure as president proved to be contentious. While popular with Irish language speakers and artists and respected by many Republicans, he had a strained relationship with the Coalition Government and many English language enthusiasts, particularly 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.[citation needed] Ó Dálaigh referred the resulting bill, the Emergency Powers Bill,[12] to the Supreme Court. When the court ruled that the bill was constitutional he signed the bill into law on 16 October 1976.[13] The same day an IRA bomb in Mountmellick killed Michael Clerkin, a member of the Garda Síochána, the country's police force.[14] 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"[15] (although it has since been speculated that he used a more vulgar expression).[16] 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.[17] 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.[17] He resigned on 22 October 1976, "to protect the dignity and independence of the presidency as an institution".[13] 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.

See also

References

  1. ^ Harris M. Lentz, Heads of States and Governments Since 1945 (2014, ISBN 1134264909), p. 421
  2. ^ The Irish Law Times and Solicitors' Journal, vol. 103 (1970), p. 289: "The Chief Justice the Hon. Carroll O'Daly".
  3. ^ Survey of Current Affairs (1974), p. 471: "lRlSH REPUBLlC: NEW PRESlDENT It was announced on 29 November that Mr Carroll O'Daly was to be the fifth President of the Republic of Ireland. The inauguration is scheduled to take place on 20 December.
  4. ^ "Cearbhall Ó Dálaigh". Áras an Uachtaráin. Retrieved 8 July 2010.
  5. ^ "Biography of O'Daly, Carroll (Cearbhall Ó Dálaigh)". Archontology.org. Retrieved 9 July 2010.
  6. ^ Cearbhall Ó Dálaigh at cuplafocal.ie Archived 27 February 2008 at the Wayback Machine
  7. ^ Auditors of the L&H, UCD
  8. ^ a b "Past Presidents". RTÉ. 19 October 2011. Archived from the original on 22 October 2011. Retrieved 28 October 2011. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  9. ^ "Darby O'Gill and the Little People". Irish Film Institute. Retrieved 7 June 2017.
  10. ^ "How 'Darby O'Gill' captured an Ireland rapidly fading". Retrieved 28 November 2016.
  11. ^ Western Europe 2003 (2002, ISBN 1857431529), p. 330: "Childers died while in office; he was succeeded by Carroll O'Daly, an all-party nomination."
  12. ^ "Emergency Powers Act, 1976". Retrieved 28 November 2016.
  13. ^ a b Joseph Lee, Ireland, 1912–1985: Politics and Society, Cambridge University Press, 1989, ISBN 0-521-37741-2 p. 482
  14. ^ "Programme 4: Garda Michael Clerkin". RTÉ News.
  15. ^ Don Lavery, correspondent for the Westmeath Examiner, RTE This Week, 22 October 2006 Archived 4 May 2007 at the Wayback Machine
  16. ^ "My part in downfall of a President over the 'thundering disgrace' debacle". Irish Independent. 6 January 2007.
  17. ^ a b Sunday Independent, 29 October 2006 – The many resignations of O Dalaigh

External links

Legal offices
Preceded by Attorney General of Ireland
1946–1948 		Succeeded by
Preceded by Attorney General of Ireland
1951–1953 		Succeeded by
Preceded by Chief Justice of Ireland
1961–1973 		Succeeded by
Political offices
Preceded by President of Ireland
1974–1976 		Succeeded by
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