Most of the Fianna Fáil Ard Fheis meant little to me. There was nothing in Micheál Martin’s speech that made me feel that the party was on the cusp of a recovery or that they were going to offer a particularly distinctive voice. I acknowledge Martin’s apology on behalf of his party, but he could have made it stronger by referring directly to his time in cabinet. Philip O’Connor draws attention to his equivocations in this piece in The Journal. I found the whole speech, with all the time devoted to bins in Dublin, a little underwhelming. But of course I’d think that, wouldn’t I?
But I did notice that the Ard Fheis passed motions supporting marriage equality and for same-sex couples to be considered for adoption. They are to be commended for this, as is Martin for making his personal support clear on The Week in Politics last night. I noticed a lot of commentary on Facebook which was quite cynical in relation to this. But I don’t think it reflects any cynical attempt to gain votes which they weren’t interested in while they were in power, rather the very rapid social change on this matter. This is a growing norm, and as we look to what exists in other countries and in US states, very little has been offered on the other side.
I see no substantial reason that we would not see Fine Gael move in the same way. We might have a reputation because some of prominent members as being conservative and there is a Christian democratic tradition, but doesn’t necessarily mean an opposition to progress on this front. I’ve pointed on a number of occasions to the speech Charlie Flanagan made during the civil partnership debate. Others too from Fine Gael spoke during that same debate who stated explicitly or indirectly that civil partnership would only be a step towards equality, such as Dr James Reilly, Deirdre Clune and Simon Coveney, who gave a very honest speech on how he changed his own mind to support marriage. Of the 2011 intake, Seán Kyne urged Young Fine Gael members to vote for equal marriage at our summer school last July, and he as well as Simon Harris put questions recently to Alan Shatter, Minister for Justice, Equality and Defence, to make provision for children of same-sex couples.
What ultimately matters is that we support this before the referendum, which I expect could be in the second half of this government’s term in office, around 2015, to give time for the Constitution Convention to deliberate on this and its other issues. There will be another Ard Fheis before then, but we should move now, and vote on this at our Ard Fheis at the end of March. We should not let time go as the only party not in support of allowing gay and lesbian couples to marry. We should also give ourselves the chance to include this the party’s submission to the Constitutional Convention.
As this is moving closer to being a reality, we are going to have to start thinking about the specifics of how this change should take place. I had previously followed on the logic of Zappone–Gilligan that this could be achieved legislatively by amending the Civil Registration Act 2004. This view was argued by constitutional lawyers Sen. Ivana Bacik, SC, and Gerard Hogan, now a High Court Justice. But having asked other constitutional lawyers, there is enough doubt on this that I know think it should be put to a referendum. Article 41 as a whole does envisage a heterosexual marriage, as seen in provisions (which should be amended, if not deleted) such as a recognition of the duties of mothers within the home. I have no doubt in my mind that with a good campaign, it can be won.
Considering other provisions in the Constitution prohibiting sex discrimination (Articles 9.1.3° and 16.1.1°–3°), I would propose:
Article 41 of the Constitution is hereby amended as follows:
(a) insert new subsection 2°, “Ní bheidh aon chosc ar phósadh idir bheirt toisc iad bheith fireann nó baineann.”, after section 1° of section 3 of the English text,
(b) insert new subsection 2°, “No two people may be excluded from marriage by reason of their sex.”, after section 1° of section 3 of the English text,
(b) subsections 2° and 3° of section 3 of both texts shall be numbered as subsections 3° and 4°.
The leading parties this year differ from those in 1945, the first contested election, but as the only election to date where an Independent candidate secured a place on the ballot by canvassing the support of Oireachtas members, and with reports today that David Norris could well be successful in his attempts to secure a nomination in this way, it is interesting to read back on this year.
Seán T. O’Kelly, then Tánaiste and Minister for Finance, was chosen as the Fianna Fáil party candidate. Fine Gael had been declining in support, losing seats and votes at each election since 1933, and at the outset were reluctant to contest. On 11 April, The Irish Times reported that the only likely candidate was Dr Patrick McCartan. This report also included a statement from Labour that “no member of the Labour Party in the Oireachtas may sign a nomination on behalf of any Presidential candidate or associate himself in promoting any such candidate”.
Patrick McCartan had been a member of the 1st, 2nd and 3rd Dála, elected in 1918, 1921 and 1922. He reluctantly voted for the Treaty, and soon after retreated from political life, not contesting the 1923 general election. By 1945, he was associated with anti-de Valera Republicans, and received the support of the Old Comrades’ Association of the IRA (Irish Times, April 1945). McCartan had to secure the support of either four County Councils or 20 Oireachtas members; he fared poorly with the former, while working quietly on the latter.
The prospect of an Independent candidate spurred Fine Gael to action, who nominated Seán Mac Eoin, an IRA leader during the war of independence. His paper was submitted on 6 May 1945 with 17 Fine Gael signatories, as well as Independent TDs Alfie Byrne, Thomas Reilly and Richard A. Anthony.
On 15 May, Labour Party then reversed their decision, and allowed their members to sign a nomination form, perhaps concerned by then that a straight contest between the two largest parties would give Fine Gael too much of a dominant position within the opposition. Patrick McCartan was nominated with the support of 9 of the 11 Clann na Talmhan TDs, 5 of the eight Labour TDs and 6 Labour Senators. His Labour nominees included future leader Brendan Corish. This year, it is the many Independents, Fianna Fáil, Socialist Party and People Before Profit TDs and Senators who are free from any direct order as to who to nominate, while it is still not precisely sure what Sinn Féin will do.
The high salary of the president, at £22 000, was an issue in the campaign; Clann na Talmhan had agreed to sign McCartan’s form on the condition that he would accept a reduction to £5000 with expenses of £2500.
Patrick McCartan performed reasonably in the election, and transferred relatively strongly to Seán Mac Eoin, despite ideological differences, presaging the success of Clann na Poblachta in 1948 and the formation of the Inter-Party government.
|Candidate||First Count||Second Count|
|Patrick McCartan (Ind)||212,834||19.6%||-212,834|
|Seán Mac Eoin (FG)||335,539||30.9%||+117,886||55.4%||453,425|
|Seán T. O’Kelly (FF)||537,965||49.5%||+27,200||12.8%||565,165|
So Seán T. O’Kelly was elected on the second count and was unopposed when he nominated himself for re-election in 1952, serving till 1959.
SIR – You said that unlike Elizabeth II, Henry II did not receive an invitation to Ireland (“Irish, and British, eyes are smiling”, May 21st). This is not quite accurate.
The Norman invasion of Ireland was instigated at the invitation of Diarmaid Mac Murchada, King of Leinster, who was dispossessed of land by the High King of Ireland, Ruaidhri Ó Conchobair. Diarmaid met Henry II in Aquitaine in 1166. Henry agreed to send a force led by Richard de Clare, Earl of Pembroke (nicknamed Strongbow), who was married to Aoife, Diarmaid’s daughter. They arrived in 1169, and when a dispute arose over the succession to Leinster on Diarmaid’s death in 1171, Henry II claimed fealty of the entire island of Ireland.
Naturally, this invitation from Diarmaid for foreign assistance started centuries of English involvement in Ireland, and it has earned Diarmaid a place of infamy in the gallery of rogues of Irish history.
Bray, County Wicklow