Cearbhall Ó Dálaigh (Irish pronunciation:[ˈcaɾˠ(ə)wəl̪ˠoːˈd̪ˠaːlˠə]; 12 February 1911 – 21 March 1978) was an Irish Fianna Fáil politician, judge and barrister who served as the fifth president of Ireland from December 1974 to October 1976.
His birth name was registered in English as Carroll O'Daly,[1] which he used during his legal career[2][3] and which is recorded by some publications.[4]
Cearbhall Ó Dálaigh, one of four children, was born on 12 February 1911,[1][5] in Bray, County Wicklow.[6] His father, Richard O'Daly, was a fishmonger with little interest in politics. His mother was Una Thornton.
In 1953, he was nominated as the youngest-ever member of the Supreme Court by his mentor, de Valera. Less than a decade later, he became Chief Justice of Ireland, on the nomination of 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 in 1959, for what they felt was the film's stereotyping of Irish people.[10] However, there is no known contemporary reference to this having occurred.[11]
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 second 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 that followed.
When President Childers died suddenly in 1974, all parties agreed to nominate Ó Dálaigh to replace him as President of Ireland.[13]
President of Ireland
Ó Dálaigh's tenure as president proved to be contentious. While popular with Irish language speakers and with artists, and respected by many republicans, he had a strained relationship with the then government led by Fine Gael, particularly with Minister Conor Cruise O'Brien and Taoiseach Liam Cosgrave.
His decision, in 1976, to exercise his constitutional prerogative 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, Christopher Ewart-Biggs, by the Provisional Irish Republican Army (IRA), on 23 July 1976, the government announced its intention to introduce legislation extending the maximum period of detention without charge from two to seven days.[14]
Ó Dálaigh referred the resulting bill, the Emergency Powers Bill,[15] to the Supreme Court. When the court ruled that the bill was constitutional, he signed the bill into law on 16 October 1976.[16] On the same day, an IRA bomb in Mountmellick killed Michael Clerkin, a member of the Garda Síochána, the country's police force.[17] Ó Dálaigh's actions were seen by government ministers to have contributed to the killing of this Garda given his delay in signing the Emergencies Powers Bill into law having referred it to the Supreme Court. On the following day, Minister for DefencePaddy Donegan, visiting a barracks in Mullingar to open a canteen, attacked the President for sending the bill to the Supreme Court, calling him a "thundering disgrace"[18][19][20] (or possibly "fucking disgrace" or "thundering bollocks").[21]
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.[22] 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 on matters of state.[22] He resigned from the presidency on 22 October 1976, "to protect the dignity and independence of the presidency as an institution".[16] He was succeeded as President of Ireland by Patrick Hillery.
Death
Ó Dálaigh died of a heart attack in 1978, less than two years after resigning from the presidency. He is buried in Sneem, County Kerry.
^The Irish Law Times and Solicitors' Journal, vol. 103 (1970), p. 289: "The Chief Justice the Hon. Carroll O'Daly".
^Survey of Current Affairs (1974), p. 471: "IRISH REPUBLlC: NEW PRESIDENT 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.
^Lentz, Harris M. (2014). Heads of States and Governments Since 1945. Taylor & Francis. p. 421. ISBN978-1134264902.
^O'Toole, John; Dooney, Sean (24 July 2009). Irish Government Today. Gill & Macmillan Ltd. ISBN9780717155347. Archived from the original on 12 September 2021. Retrieved 25 November 2020 – via Google Books.
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