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by Gene Kerrigan
The banning of an article on ACC and the terms of the accompanying order, the banning
of a Christy Moore song and the convulsions within RTE after the banning of an interview
with Noraid spokesman Martin Galvin have vividly illustrated the extent to which freedom
of speech is limited in this society .
Diary 4
As Time Goes By ' 6
Subscriptions , 29
Motoring 52
Dunphy's Diary 54
Business Forum. . . 60
Wigmore 61
week, no matter what the said that the travellers had fraud, or even in small-scale
weather. Sometimes the garda not been queueing outside. fraud. One said that if we
would approach them and try The man in charge, a Mr came down every Thursday
to get them more into line. O'Donnell, came out and morning and asked questions
AT HAM .ON THURSDAY All travellers have to sign on told us that the travellers did they might be let in to get
August 22, people were walk- at llam every Thursday. not have to queue up. "If their money a quarter of an
ing in and out of Gardiner They are usually allowed in- they want to queue outside hour early every week.
Street employment exchange side at about 11.45, they say. that's their business," he said. Mark Brennock
to get their dole money. Just before 11.30 the offi- The travellers do not want
About twelve people who cials and the garda began to queue outside. But they
looked as if they were going looking at this reporter and a are all given the same signing-
to go in stopped at the gate Magill photographer who was on time, and when they arrive
and waited. Another eight also present to record the they are not allowed in until
stood about twenty yards operation of the Department most other people have left.
from the gate. of Social Welfare. One poin- Mr 0 'Donnell said that this
By 11.15 the gate was al- ted at us. Another came out arrangement was for adminis-
most completely blocked by to the door to have a look. tration purposes. "What ad- IF ONE IS PUZZLED BY
twenty-five people waiting in At 11.30 - fifteen minutes ministration purposes?" we the smiles on the cunning
a queue at the gate, and a earlier than usual, according asked. "It suits the Depart- faces of the various drunks,
further twelve stood nearby. to the travellers - they mo- ment," he said. liggers and full-time free-
These people were travellers. tioned to the travellers that We asked the Department loaders one comes across in
Two officials and a garda they were now allowed to why it suited them. They Dublin's lesser watering
stood in the doorway of the enter the employment ex- gave the opinion that "there places, our Art Correspon-
employment exchange look- change. is large-scale fraud going on dent may enlighten you. We
ing at them. The officials stood in front among people of no fixed are told that this is true. We
The travellers explained of us as we made our way in- abode." A spokesperson said don't want to believe it is,
that they queued up there side. They said that we were that there were no figures but we are told it is true.
every week. While other not to take any photographs available to back up this It seems that Arts (I)
people were allowed to walk inside the building. This was opinion. Minister Ted Nealon last
in and out without hin- an offence under law, they in- The travellers that Magill week announced that a fur-
drance, they were made to formed us. spoke to say that they are ther £35,000 of taxpayers'
stand in a line outside every Once inside, an official not involved in large-scale money is to be handed over
to the Annaghmakerrig rest Price, Donal Whelan and Deputy MJ. Nolan Fianna said Michael Langton. His
home for the culturally privi- Stephen Rea. Fail were tampered with and companion Margaret Rhatigan
leged. They were joined. by such diverted to unsuccessful candi- said "it sounded like a sledge
(May we intervene here "prominent personalities" as dates. hammer banging against a
with an anecdote about the Tony 0 'Reilly's missus and Deputy Nolan said "It was door."
Arts [!] Minister? Once upon Eivind Bratt. Eivind Who? a cruel trick to lead people "There was a definite pat-
not very long ago we wit- we hear you say, demonstra- to believe they had been tern," she says, "with about
nessed a scene involving the ting your ignorance of the allocated a house when they a seven-second break before
Arts [!] Minister. It was in great artistic strides which had not. Some of these people each noise started again. And
the lobby of a Longford this nation has been taking live in sub-standard condi- this high-pitched banging hap-
hotel. Ted was bringing out a under Ted's guidance. Eivind tions in caravans, mobile pened about ten times. It
Fine Gael newspaper at the Bratt, that's who. Eivind, as homes and flats and were was frightening and very
time. He was introduced to a everyone of artistic bent is anxiously awaiting the out- loud."
photographer. The photogra- aware, is the ex-Swedish Am- come of the Leighlinbridge Investigating the "tremors" <'.
pher has since been appointed bassador. housing accommodation [de- the Department of Defence
a member of Aosdana, the A day and. extended night cision] ." say that there's a possibility
State Licensed Artists Group of carousing, crack and exces- He said that it was a pity that a foreign submarine visi-
(SLAG). He was and is noted sive belching was had by the perpetrator was not avail- ted Sligo's shores.
for the sensitivity and unique many, with "sessions" all able to see the distress and Army intelligence have
vision of his snaps. "Have over· the kip. Mrs O'Reilly anger caused when he had "drawn a blank" as to what"
you," said Ted, speaking brought along two of her to tell them they had been local people saw and heard
around the brush-handle-sized daughters. John Meagher, the victims of "a sick joke". that night. "Something ob-
cigar in his mouth, "any glam "deputy executive vice chair- Suggesting "dirty tricks" viously happened out there
shots? I could use some man" of Independent News- the Deputy commented "I but there is not enough hard
glam shots." The photogra- papers, who is employed by regard this as a deliberate evidence to pinpoint anything
pher gulped a couple of times Mrs O'Reilly's hubby, was attempt to discredit me and in particular. Weare relying
and noted that it was a fine there for some reason or it is only one of a number of on the gardai to come up
day for the time of year that other, probably to bring a incidents in recent months in with something spectacular
was in it.) touch of culture to the pro- which my name has been before we can investigate
Anyway, writes our Arts ceedings. falsely used." further. Intelligence drew a
Correspondent, Ted's latest Among the current guests A call by Deputy Brendan blank," said one army source.
donation on our behalf brings of the nation at Annaghma- Griffin at a Tipperary Urban Local politics can be a
to over £200,000 the amount .kerrig is someone who is Council meeting to relocate profitable sideline, the Done-
contributed by hapless tax- writing a script for Channel the Charles Kickham and gal Democrat tells us.
payers North and South of 4 and a BBC drama producer. Maid of Erin monuments was County Donegal's newly
the border to the welfare of Also John O'Conor, the strongly opposed by another elected local representatives
the inhabitants of the rest pianist with the name that councillor, the Tipperary Star are reaping the generous bene-
home. looks shorter than it probably tells us. fits of expenses and subsis-
The rest home was left to should, . At the meeting, Deputy tence allowances available to
the nation(s) by the late We searched high and low Griffin said that the monu- them, according to the paper.
Tyrone Guthrie. It is a fine for an impoverished artist. All ments were being slowly The allowances, which are
establishment wherein those we could find were people chipped away by lorries and paid under the Local Govern-
of fevered artistic brow can who can well afford their he wanted to avoid the des- men tAct 1941, are reviewed
retreat from the cares of the own drink and sandwiches truction of the monuments. from time to time by the
world. There they labour, or and who would not be short They would both end up like Minister for the Environment.
don't labour, depending on of the price of a B&B if they the Croke Memorial monu- The last review in December
the mood that strikes them, wanted to get away from the ment at Cashel if they were 1983 fixed the travelling rates
to give artistic expression to hurly-burly. not moved to a suitable part for local authority members
the reality of the world which Could ·someone in govern- of the town, he said. at 53p a mile and a flat sub-
they have left behind. Food ment please take some time Speaking against the Fine sistence rate of £15.40 for
and lodging provided free. off from closing hospital Gael TD's suggestion, Coun- members living within five
In this pampered environ- wards and have another think cillor Jimmy O'Shea said he miles of the meeting centre:
ment, goes the theory, artistic about this? Gene Kerrigan was vehemently opposed to According to the Demo-
forces will be unleashed which 'the moving of the monument. crat, the allowances have re-
will etc etc etc. We have yet "The Black and Tans failed to sulted in politics becoming a
to see any evidence to support shift the Maid of Erin so why well paid "nixer" for many
this, but since we would be should the council see fit to of Donegal's local represen-
labelled philistines if we didn't do so," he added. tatives and for an elite group
believe it, we believe it, Mystery still surrounds re- who are on a number of com-
honest, we do. It's called· cent "earth tremors" at the mittees and for whom poli-
faith. County Sligoresort ofMullagh- tics has turned out to be a
August 22 saw Annaghma- more according to the Sligo real financial bonanza.
kerrig's "open day", which SIX FAMILIES WHO HAD Champion. It is little wonder there-
was as good an excuse for a applied unsuccessfully for The paper reports that a fore, that at the recent local
booze-up as any. Among the Council houses were victims couple returning home from election there was a clamour
artists who enjoyed the hos- of "a sick joke", The Nationa- a dance in the area, heard a .in the main parties from
pitality of the house (spon- list reports. The paper reports high pitched noise coming people looking for nomina-
sored booze) were Brian that congratulating letters sent froin the sea, "sounding like tions, the paper adds.
Friel, Bruce Arnold, Dolours to successful applicants by a giant stamping his foot," E.N. Kelly
arret was chalking his cue, sizing I sighed. "Garr-et, you didn't, you he whole thing put the Big Guy in
G up a difficult but possible pink
into the top left and the white off the
promised me you wouldn't." He
shrugged and made a funny shape
T a bad mood for the rest of the
evening. I took him into the Shelbourne
side cushion and into a cluster of reds, with his mouth. and poured drink into him, but that
so he didn't notice Jim Dooge coming I've warned him, it's not worth it, didn't work. He got more and more
in the door of The Long Rest. I gave I said, cut it out. He's weak, that way. miserable.
Bobby the high sign and he was out About ten minutes after the election I took out my press clippings and
from behind the counter like fast, the Big Guy had a snooker table showed them to him. The one from
feeling Jim bo's collar. Sorry, sir, moved into Leinster House, just down the Sunday Tribune with the piece by
members only, that kind of thing. the corridor from his office. Helps him David Andrews arguing in favour of
The pink jangled in the mouth of relax, he says, helps him think. He's big pensions for ministers who already
the pocket and ran back up the table, in there every chance he gets. There's have big salaries. Dave argues that if
but the white broke up the reds neatly a Cabinet meeting and Barry Desmond we don't pay big bucks we won't
enough. "Go to it," said the Big Guy, starts yapping out of him and everyone get the best talent to forsake careers
"it's yer birthday." I took one last knows he's going to keep at it until in private industry and work in the
glance at Dooge being backed down the hinge on his jaw seizes up, the Big service of the public. I love it. Unless
the stairs by Bobby, waving his free Guy says excuse me, he has an urgent we lash outthirty, forty, or fifty grand
hand and trying to explain that he was meeting with some ACC executives - a head we won't get the kind of talent
on important state business. I was and they don't see him for three or that has brought the country to the
smiling a little as I bent to pot a red four frames. (Big Guy told me once great condition it's now in! If we don't
and clip the black out into the middle that in two years he's yet to under- shell out that kind of money they'll
of the table. I hate to do that to Dooge stand one complete sentence that all slope off and find jo bs that will
- wait, let's be honest, I like doing came out of Barry Desmond.) pay them as much, if not more! Where,'
mat to Dooge. For the past two weeks Trouble is, he's good, and he can't I ask myself, would the likes of Michael
he's been hopping around like his feet resist a hustle. Someone comes to the Noonan pull that kind of bread? Barry
were on fire, trying to get to the Big Dail on a delegation or just for a gawk, Desmond? Who would pay Gemma
Guy with another of his bright ideas sooner or later they trip over the Hussey that order of folding green?
that end up with us all looking like snooker table. Oh yes, says the Big But the stinger is the clipping from
mugs, and the Big Guy in particular. Guy, we got that in for the Labour Bruce Arnold's column in the Indo.
This time I've got Peter Prendergast chaps, remind them of their mis-spent . The one where Bruce argues that
on-side and we've managed to keep youth - well, I suppose we could, teachers should not receive a pay
Dooge out of harm's way. now that you mention it, though increase. Bruce loves teachers. Bruce
I put the black away and strolled you'll have to tell me which colour I thinks we need a special calibre of
around the table to meet the cue ball hit first, just let me get a club - oh, person to teach our young. Bruce is
coming back up to where it could see a cue, is that what you call it? Two afraid that if we pay teachers too
the reds. The Big Guy didn't get back games later he's a quid down and he much money we might attract the
to the table for the rest of the game. suggests maybe raising the stakes ... wrong kind of people into the trade.
"Thirty-bloody-five quid, you Now, you put Dave and Bruce toge-
shark," said the taller one. They ther and even the Big Guy, for all his
looked like Young Fine Gaelers to me. problems, couldn't resist a chuckle.
Maybe that's because all Young Fine After I'd jollied him for a while we
It23wasdown,
about an hour later - I was
with just the blue, pink Gaelers look like pigeons born to be got around to talking about the ACC.
and black on the table - when the two clipped. They were both toting snoo- I told him, strictly on the QT, that it
slack-jaws came in. They came in ker cues, heavy end up. was Jim Dooge who got hold of the
quietly and the first we knew of it Usually I can argue the slack-jaws internal documents and slipped them
was when one of them gave the black out of it but this pair looked like they to Irish Business. Dooge wants to
a thump with his fist and sent it clat- wanted someone's blood (all Young mess, fair enough. Wagons fixed while
tering into the blue that the Big Guy Fine Gaelers look like they want you wait.
was lining up. someone's blood). So I pushed the
"A fine example to the youth of lightshade, hard. It caught the taller
me country, you are," said the tall
one. "We want our money back,"
one about an inch above the left ear. Thehead,BigsoGuyweneeded
went
to clear his
for a walk,
He didn't say anything until he reached across by Stephen's Green. There was
said the smaller one. the floor. Then he began crying. The a crowd of maybe eighty or a hundred
Dooge. The petty little blister had smaller one was saying something standing in front of the Wolfe Tone
got his revenge, blabbing on the where- about c'mon then, I'll claim the two statue. At the front of the crowd
abouts of the Big Guy. I just knew of yeo "Three," I said. He looked Eamonn McCann was nodding thought-
thats what happened. puzzled for a second, but that was all fully. "So ," he said, "all things con-
"Thirty-five pounds, you bloody sorted out for him when Bobby's cue sidered, you don't hold out much
hustler," said the tall one, "give it made contact with the back of his hope for an Anglo-Irish initiative?"
back if you don't want your thumbs head. The statue slowly, sadly, shook its
roken." head. "Game ball," said McCann. •
as Michael calls the parts of Dublin 2 and 4 where they have
lived for the last "twelve years. They were hunted like
animals, says one son, Michael McCann.
Michael McCann has become an important figure in the
travelling community. He has been a major driving force
behind Minceir Misli - a travellers' rights -group - which
has grown to be a confident, articulate and well organised
pressure group since its foundation only eighteen months
ago.
Minceir Misli emerged from the Committee for the Rights
of Travellers - a group composed of travellers and settled
people: When residents of Tallaght began attempting to
remove the many travelling families who were living on the
Tallaght bypass, and when the County Council joined in
by trying to forcibly evict them, Michael McCann, Nan
· Joyce and" others felt that they needed to form a group
composed entirely of travellers in order to have their point
of view represented properly.
They have held several highly successful protest actions.
They make no apologies for their existence or for their
demands.
Like most traveller families, the McCanns always lived
together or .close together. Michael McCann lived in his
trailer a hundred yards away from his parents until he was
evicted last year by the Health Education Bureau. He
moved to the County Council-provided site at Kishogue.
The County Council had told the Supreme Court earlier in
1984 that this site was suitable for traveller families.
It is over a mile from the nearest shop. A railway line
runs along the side of it, and there is no fence to prevent
children living on the site from going on to it. Last year
bulldozers used to come on to the site from time to time,
dig holes and go away again for no apparent reason. There
is one tap on the site but the water tastes of acid. Contrary
to what the County Council told the Supreme Court last
year, the site is not suitable for travellers.
Now Michael has been told to move again. The County
Council are doing work on the site, presumably to make it
more suitable. Michael now lives on the side of the road
near the site, but the gardai have told him that he has to
move again.
Some years ago, when her husband was serving a month
in Mountjoy for begging, Mary McCann arrived home on
Merrion Road on a cold evening with her kids, some briq-
uettes and tea to find her caravan burned to the ground.
There was a stone shed where people used to undress
· before going swimming on Sandymount Strand. She got a
mattress and some blankets and moved in with the kids.
One day when she was sweeping outside the door of the
shed she was hit by a car, causing damage to the nerves in'
· her neck, as a result of which she suffers from severe arth-
ritis and her head has a permanent twitch.
3. Prior Restraint
The next day, Friday August 2, Clive Hudson of WEA
records received a letter from the legal representatives of
the owners of the Stardust, complaining that Christy Moore's
song was in contempt of court and asking what WEA pro-
posed to do about it. WEA began damage control measures,
in case they should subsequently be found guilty of con-
tempt. They froze the record, asking record shops not to
ting the frighteners on the rest of the press. They sent letters sell it, radio stations not to play it, newspapers not to pro-
around to newsrooms detailing the order made by the judge. mote it. Then they sought a High Court declaratory order
They pointed out that failing to comply with the order on the issue. Meanwhile, the Stardust owners were taking
would be contempt of court "and will be punishable accor- measures to get the song banned.
dingly. The punishment may include imprisonment and/or You couldn't write about ACC or sing about the Star-
sequestration of assets." They also pointed out that the dust.
media could receive severe punishment for letting the public Meanwhile, the phones were hopping at the Irish Times
know that any of this was going on. Keep your mouth shut as puzzled readers tried to find out what that picture of
about this. And keep your mouth shut about the fact that Michael Culligan leaving a judge's house was about.
you're being forced to keep your mouth shut.
The Sunday Tribune and RTE went into a huddle with
Before the gag was fully inserted there were a few splut- lawyers, in an attempt to loosen the gag. They considered
ters which could alert the public that something was going appealing to the Supreme Court for a change in the terms
on. The Cork Examiner; told too late of the terms of the of the order.
injunction, had two paragraphs headed "Ban on Mag". RTE On Saturday August 3 the farce was squared. At the
got out the word that the ACC were looking for the injunc- Sunday Tribune Paul Tansey was writing a lengthy piece
tion. The Irish Times printed a picture of Michael Culligan, on ACC, compiled from previous annual reports and public
ACC chief executive, leaving Judge O'Hanlon's house, with statements. This, however, might turn out to be "injurious
a caption saying that this was a picture of Michael Culligan to the reputation" of ACC, as the piece was not particularly
leaving Judge O'Hanlon's house. Then the gag was shoved complimentary. The Tribune was also considering publishing
in.
the terms of the order of the banning of Irish Business. The
The enormity of what had been done, of the breadth only notice the media had of the banning was that written
of the law which had so quickly been brought into play, by ACC. The paragraph ordering silence on the fact that the
can only be appreciated by looking closely at the terms of magazine had been banned was ambiguous. It referred to
the injunction. The media were prohibited from "publishing, the judge in the third person and it was unclear if this was
Judge Rory 0 'Hanlon: don't publish and don't tell anyone you Frank Fitzgibbon: not allowed to speak at the hearing which
can't publish. banned his magazine. '.
what the judge had ordered or if this was ACC's interpreta- two stories, Tansey's and the terms of the order. Not so.
tion of what the judge had ordered. The laws restricting press freedom apply also to printers
Their lawyers and Judge O'Hanlon agreed by phone on and distributors. They too can be jailed and have their
Saturday morning to lift the ban on a mention of the ban. businesses seized if they step out of line, so they too must
Now, on Saturday, ACC was being coy. The Tribune was make what are essentially legal and editorial decisions. In
told they would have to make up their own minds about this case the printer and distributor of Irish Business had
whether they could publish the terms of the order. been named in the ACC injunction.
In an attempt to unravel the mess, the editor of the As it happened, Irish Business and the Tribune have the
Tribune, Vincent Browne, rang Judge Rory O'Hanlon at same printers and the same distributors, respectively
home. He inquired if the "any matter which is injurious" Richview, Browne and Nolan, and Newspread. Although
clause meant that the paper was prohibited from writing the Tribune did not know the content of the Irish Business
about ACC at all. The judge said no, that wasn't what he article the lawyers for the printers and distributors did. And
had meant to ban at all (although that was what his order Paul Tansey, it transpired, had quite independently and
banned). He said the paper could publish anything it liked coincidentally, by another route, written on the same mat-
about ACC provided it was not the article injuncted. ters as Irish Business, regarding ACC. And this was the
That left the way free to publish Tansey's article. On the material which the printers and distributors had been speci-
question of whether the paper could publish the terms of fically injuncted against handling. The lawyers for the prin-
the injunction the judge was less sure. "I don't know, really, ters and distributors advised that the story be scrapped. So,
what are ACC saying?" because of the breadth of the law which had been brought
The conclusion was that whatever ACC said the paper into play an article compiled from information already on
could publish was alright. the public record was squashed.
The right to publish, removed by the High Court, had And again ACC changed its mind. Having waived the
now transferred to ACC by virtue of the fact that the judge part of the restraining order prohibiting publication of the
had granted the injunction they were seeking. The restrain- terms of the order a representative again reverted to the
ing powers had been given to ACC by the court, and if ACC I position that the paper published on its "own judgement"
wanted to dispense with those powers or any part of them and at its peril. The Tribune went ahead.
they could do so, apparen tly. ACC issued its own statement, announcing that it had
ACC chopped and changed. They refused to say one o"tained an injunction against Irish Business and describing
thing or the other, leaving it to the Tribune's "own judge- the article as libelous. Ironically, the media didn't carry the
ment". Then they gave permission for publication of the ACC statement, partly in fear that the statement libelled
terms of the order. Irish Business, partly in fear that doing so would breach the
At this stage it seemed like the Tribune could publish. order with which ACC had threatened them with on Thurs-
IW
His earliest, Montessori, education was with the Ursuline
nuns in Waterford and he then attended Waterpark College, HEN Alexis FitzGerald and Tom O'Higgins
one of the more genteel of the Christian Brothers' schools. I went to UCD in the autumn of 1934 they both
By then his father's custom of sending his sons to the i entered the Arts Faculty where they read for
Jesuits at Clongowes to finish their schooling was well es- I the same degree in Legal and Political Science.
tablished. Alexis, however, suffered from bronchial asthma In 1937 they emerged at the top of their class, both with
as a boy - he was absent from school for much of his first class honours degrees with Tom O'Higgins being placed
Intermediate year - and the family were worried about first in Economics and Alexis coming first in Politics -
how his health might be affected by a boarding school a result which was afterwards a source of private amuse-
regime. But, after consulting a medical colleague with a ment between them in the light of their later careers.
special interest in asthma his father sent him to Clongowes The predominant intellectual influence on Alexis among
in 1931; in the event he suffered only a single asthmatic his university teachers was Canon Denis O'Keeffe, the Pro-
attack during his three years there. fessor of Ethics and Politics. He subsequently recalled how
Alexis FitzGerald was only one of a number in that o 'Keeffe delivered series of lectures both on political science
Clongowes class of 1934 who subsequently rose to posi- and on ethics "without ever mentioning the word Christian
tions of prominence in Irish life. One life-long friendship from beginning to end." He had especially vivid memories
first formed at Clongowes was with Tom O'Higgins, Senior of an episode which epitomised O'Keeffe's objectivity and
Counsel, Minister for Health, the Presidential candidate which occurred on the morning of May 1, 1937, when de
who only narrowly failed to unseat de Valera in the elec- Valera's new draft constitution was first published. Recog-
tion of 1966, Chief Justice and, now, a Judge of the Euro- nising as inevitable the speculation among his students as
pean Court. Other classmates included Doctor Tom Murphy, to how he might react to the new constitution, O'Keeffe
the President of UCD; Doctor Billy O'Dwyer, Professor of told them: "I think it is all very fine. The only thing I
Medicine at the College of Surgeons; Brian Murphy, Profes- object to is the piety."
sor of Law at UCC; Martin Burke, the Chief Architect in At first, the newly -graduated Alexis FitzGerald toyed
the Office of Public Works; Anthony Murphy, the Chief briefly with accountancy as a career but he soon confided
Civil Engineer in the ESB; and Barney Daly, the County in his family that he regretted not having done law and he
Registrar for Mayo. One classmate remembers Alexis Fitz- proceeded to an LLB degree, again with first class honours,
Gerald as "a good all rounder" who was always up in the in 1939.
first half-dozen of an intensely competitive class and whose Unlike his friend Tom O'Higgins, however, he was never
inclination was more towards the humane than the scienti- attracted by the idea of becoming a barrister and he played
fic subjects. He played tennis with sufficient distinction to little or no part in the I.&H or the other college debating
win his colours for Clongowes but showed little other in- societies which serve as stamping grounds for barristers in
terest in sports. Even as a schoolboy, however, he enjoyed embryo, despite his having been active in school debates in
a reputation for being exceptionally perceptive and this Clongowes. But college contemporaries were aware of a
contributed to his popularity. certain inhibition which made public speaking something of
Intellectual development also owed much to home back- an ordeal and which remained with him throughout his life.
ground. Doctor FitzGerald always read widely and insisted Nor would his personality and his unusually dispassionate
that his children do likewise, particularly during vacations intelligence have been suited to the rhetoric and flamboy-
at home in Grangemore when elaborate reading programmes ance which so frequently characterises the adversarial sys-
were mapped out. Nor should Lily FitzGerald's intellectual tem of the Bar. He chose, instead, to become a solicitor.
influence be discounted. An alert and highly intelligent In the meantime, however, Alexis FitzGerald retained
woman with a keen in terest in current affairs, her some- close links with UCD where other major influences were
times heterodox opinions fostered an independent spirit of Paddy McGilligan, the Professor of Constitutional Law, and
thought among her children. George O'Brien, Professor of Political Economy and the
Their home atmosphere, Alexis recalled in a radio inter- National Economics of Ireland.
view with Andy O'Mahony in 1980, was "not oppressively It was O'Brien who was responsible for his appointment
religious - we all went to Mass but only on Sunday," and as an assistant in political economy in October 1941 at a
he remembered his father as "more a man of virtue than of time when the college was grossly understaffed and when
religion," as someone for whom religion was fundamen- James Meenan was O'Brien's only other assistant.
tally "a matter of duty." Alexis FitzGerald continued to lecture on a part-time
basis in economics and commercial law in UCD for the next in Merlyn Park in Ballsbridge , when he obtained his first
twenty years. His lecturing responsibilities varied but, in position as an assistant solicitor in the General Solicitor's
the mid-forties, he assumed particular responsibility for a Office in Molesworth Street.
course on the history of economic theory. Three mornings The General Solicitor's practice was large and lucrative
a week during term he lectured from nine to ten in Earls- involving, among other things, responsibility for wards of
fort Terrace before hurrying off to begin his day as a prac- court. The appointment rested with the President of the
tising solicitor. One student of those years remembers the High Court and a vacancy in 1941 fell to PJ. Ruttledge, a
content of his lectures as particularly stimulating, his deli- founding member and a vice-president of Fianna Fail and a
very (not surprisingly, perhaps, given his diffidence about cabinet minister since 1932. Ruttledge had resigned from
public speaking), as somewhat less so. the Cabinet because of poor health and that same poor
Towards the end of his life Alexis FitzGerald was occa- health together with his having become accustomed to rely-
sionally heard to express regrets at not having embarked ing on civil servants in his years in the Cabinet made him
upon an academic career but this may well have been no ready to delegate extensively once he recognised the ability
more than self-deprecation about the scale of his success of his assistant. Such was his confidence in his subordinate .•..
as a solicitor; none of his contemporaries remember him
speaking in such terms when he was a young man. The rea-
lity was that full-time academic appointments were virtually
non-existent at the time and part-time appointments of-
fered only a supplementary income.
His major academic interests, apart from economics,
were in history, literature, and political philosophy; his
fascination with theology and biblical studies came later
and was essentially an extension of these earlier interests.
If he had been in a position to pursue an academic career it
would have not been in law.
Law, for Alexis FitzGerald, demanded technical exper-
tise (and his own command of that expertise was out-
standing) but possessed little intrinsic intellectual interest.
And it is remarkable how little of his writing was given over
to law. Nor was he interested in the politics of the legal
profession and he never sought or held any office in the
Incorporated Law Society, the "cartel" aspects of which he
distrusted.
He saw law, in short, merely as a profession. Sometimes,
when his own children were grown, he even joked with
them that being a solicitor was a form of slavery ."1 am not
a barrister. I am an attorney," he told the Senate in 1971
on one of the few occasions when he spoke publicly about
the law in a speech which well reflected his prosaic percep-
tion of his profession:
"Attorneys are agents for their customers or clients,
whose duty it is to express to members of the Bar
what problem their client is faced with and to com-
prehend enough about the law to be able to express it
lucidly to members of the bar. If I saw anybody in
my office spending too much time on his law books,
I would regard it as a waste of time. "
It may well have been because, rather than in spite of,
his conviction that the law was no more than a way to Alexis FitzGerald in 1929, aged 13
make. a living and his consequent ability to eschew any
that Alexis FitzGerald soon found himself effectively run-
emotional engagement in his legal work that Alexis Fitz-
ning the office and its sizeable staff on a day to day basis.
Gerald became the most successful solicitor of his genera-
The managerial expertise he thus acquired at so relatively
tion.
early an age stood him in good stead when he later moved
into practice on his own account. His attention to detail
was painstaking and he took special care that the informa-
The Solicitor tion conveyed in his correspondence was absolutely accu-
rate. "A good letter," he used to say, "will always stand to
LEXIS FitzGerald served his solicitor's appren- you."
A
T THE end of 1964 Alexis FitzGerald dwelt on was, in a colleague's phrase, "never concerned with the
the problems of expansion during his traditional short term view of a problem but he always looked instead
Christmas Day walk with one of his oldest towards his client's ultimate good." And he never allowed
friends, Tony Dudley, with whom he had sat his own firmly held Catholic convictions to obtrude upon
the final solicitors' examination in April 1941 and who had his objectivity in discussing with clients, problems with
worked with him as an assistant solicitor in Paddy Rutt- moral dimensions.
ledge's office before they went their separate ways. Dudley There is no evidence that Alexis FitzGerald valued size
had returned to his own family firm of O'Connor and for the sake of size or that he initially aspired to what he in
Dudley (established in 1890) which had subsequently fact achieved: the creation in one generation of an institu-
merged with William Roche and Son (established in 1829). tion which matched, if it did not outstrip, the "big three"
The outcome was another merger. McCann, FitzGerald, Dublin solicitors - Arthur Cox and Co, A&L Goodbody,
Roche and Dudley was established in May 1965 and moved and Matheson, Ormsby and Prentice.
into new and larger offices in 51/52 Fitzwilliam Square. Although Arthur Cox, the only Catholic solicitors of the
Terence de Vere White had by now become a successful three, did serve as the most obvious example to be emula-
novelist as well as the literary editor of The Irish Times and, ted and it is interesting to note that Alexis FitzGerald came
after a period as consultant, retired from active practice in to play much the same role as confidant to the inter-party
the mid-sixties. governments that Arthur Cox had played to the Cumann na
The final merger, with Fred Sutton and Company, which nGaedheal governments in the twenties. But he was con-
went back to 1835 and numbered Guinness among their scious of the hazards of size, especially in ensuring that the
clients, took place in 1980 when the present firm, McCann, quality of advice to clients was undiminished and that com-
FitzGerald, Sutton, Dudley was established and moved plaints would not go unheard. He felt that it had become
some hundred yards into still more spacious offices at 31 almost as big a job to manage the firm as it had been to -
Upper Pembroke Street. The largest solicitors' firm in the build it up.
country, it employs some fifty solicitors and about 130 Although, as he grew older, he became increasingly
ready to delegate his responsibilities for individual clients, The Costello Governments
he was continually concerned with economies of scale and
HERE is a curious intellectual neurosis prohi-
T
he retained responsibility for office management and policy.
In his later years" he also came to feel that the firm had a biting many from entry into political life. If it
social obligation to take on certain cases which might be is based upon any belief that commitment to
"economically unwise and so to harness the social conscience action for an idea or ideas need lead to sacrifice
of younger colleagues who felt they were working for a of integrity, the belief is insupportable." So Alexis Fitz-
juggernaut - "The Factory" was one disrespectful nick- Gerald wrote in an essay entitled 'Irish Democracy' pub-
name used about the firm by some who worked there. He lished in the University Review in 1958 when he was at the
once voiced similar sentiments in the Senate when he said: height of his powers and which stands both as a personal
political testament and as an all-too-rare attempt to treat
"I am ashamed of my life at the fees I see going out of some of the great questions of modern political philo-
from my office to people. I say 'really this is uncon- sophy in an indigenous, Irish con text. In the same essay he
scionable in terms of what the person has to pay,' but observed how many of Ireland's "triumphs have been in
it is not unconscionable in terms of what has got to fact the accidental fruits of good fortune."
be recouped to make the operation even moderately The accident of his own entry into the arena of govern-
successful. " ment and politics was in fact due to the fortune of his
It was Alexis FitzGerald's achievement that, despite his marriage to John A. Costello's daughter, Grace, in January
central role in an operation which was, not moderately, but 1946. Although he later acknowledged publicly that he
phenomenally successful, he at once enjoyed the esteem "was born in the tradition which always voted against
and admiration of so many in his profession without in- Dev," his family had no party affiliations. Indeed his father's
curring their envy or resentment. high public profile as RMS in Waterford, through years
which spanned revolution, civil war, and changes of govern- in the inter-party government of 1948-51 as seemingly un-
ment, made it imperative that he tread with wary impar- likely as was the emergence of John A. Costello as Taoi-
tiality. seach.
One college contemporary recognised Alexis FitzGerald Costello's unforeseen elevation was a product of such
as an "instinctively Cumann na nGaedheal type of person," unpredictable circumstances as the unacceptability of
but one whose interests were as much in European as in Richard Mulcahy to the other party leaders and particu-
Irish politics at a time when the Spanish Civil War was the larly to Clann na Poblachta's Sean MacBride (who had
source of heated political argument. Indeed his first clear bitter memories of his role in the execution of republicans
memory of Alexis is of his asking to borrow a book on during the civil war), Mulcahy's remarkable magnanimity
Mussolini. What appealed to him about Fine Gael was less in standing down, and the freemasonry of the Law Library
the dogged protreatyite element epitomised by men like where Costello and MacBride were fellow barristers.
Richard Mulcahy and Sean MacEo in who had fought beside Once chosen as Taoiseach Costello was unencumbered
Collins and more the intellectual element embodied in men by the baggage of advisers and henchmen who ordinarily
like Paddy McGilligan, John Marcus O'Sullivan and Eoin surround a party leader in opposition. Nor was he indebted
MacNeill - all of whom were professors in UCD. to a party machine which was, at best, ramshackle and, at
McGilligan's influence as Professor of Constitutional worse, non existent. Indeed it was said that Costello him-
Law, was marked and contributed to the tendency of Alexis self was never a member of a party branch. His familial
FitzGerald and his friends to deride the 1937 Constitution relationship with his son-in-law was reinforced by a remark-
for surrendering the traditional powers of a sovereign par- able temperamental affinity. 'Alexis FitzGerald and Costello
liament. had the greatest mutual respect and admiration for each
other and nothing was more natural than that Costello
Alexis FitzGerald was among those who sought to deve- consult his son-in-law about the problems of government,
lop an independent and intellectual identity, as opposed to particularly in, what for him, were the unchartered waters
a political justification, for Fine Gael and although he dis- of economic and fiscal policy. ,
agreed with James Dillon's opposition to neutrality in Lawyers in politics, are perhaps, less parti-pris than those
World War II, he welcomed the display of independent from other walks of life and that Costello was a barrister
thinking which it represented. He also welcomed the ap- and FitzGerald a solicitor was an important factor in their
pearance of Forum, a newspaper published on behalf of political relationship. Costello, like most successful barris-
Fine Gael's Central Branch in 1944/50. But intellectual ters, was receptive to new ideas and unconcerned about
influence cannot be equated with influence in the parlia- their provenance if he thought they could help him win his
mentary party or at party headquarters. case.
Fine Gael, however, was in near-total disarray in these And if his son-in-law gave him, as he frequently did,
years, so much so that when W.T. Cosgrave finally stood what amounted to a good political brief then he was ready,
down as party leader in 1944 his successor, Richard Mul- in the argot of the Law Library, to "give it a run".
cahy, lacked even a seat in the Dail. Each of the five succes- The issue which had increasingly preoccupied Irish
sive general elections between 1937 and 1948 saw a prog- economists since the mid-forties was how Keynesian poli-
ressive decline in their share of the vote (from 34.8% in cies could be best applied in an Irish context and this was
1937 to 19.8% in 1948) which made their coming to power frequently the subject of conversation' when Alexis Fitz-
Gerald and Paddy Lynch (then a young assistant principal felt it was nonsense for Ireland to claim membership of the
in the Department of Finance) who had known each other commonwealth when no Irish representatives attended
from UCD since 1940, dined regularly together in the Uni- commonwealth conferences. By 1946, unlike Richard Mul-
corn restaurant in Merrion Row. Lynch and FitzGerald cahy, who still hankered after a commonwealth connection,
agreed that Ireland's central economic problem was chronic he had concluded that the commonwealth issue was irrele-
underemployment rather than the cyclical unemployment vant. He did not accompany Costello on his controversial
identified by Keynes. They concluded that the Keynesian North American visit in 1948 and he shared in the general
remedy of borrowing for capital purposes to even out the bemusement at home about the circumstances surrounding
cycles must be modified to meet Irish conditions and were the dramatic announcement of the intention to repeal the
emphatic that the current budget must be balanced. Al- External Relations Act at the Ottawa press conference.
though Keynes would have justified an occasionally un- His own personal preference might well have been for a
balanced budget, FitzGerald in particular thought this "a republic inside the commonwealth. But when Costello
dangerous temptation for politicians, especially Irish poli- was once asked if his government had considered that
ticians" . option he replied that subtleties of that kind would not
These conversations of 1946/47 bore fruit after the for- achieve his desired end of demonstrating to the IRA that
mation of the inter-party government when Costello was the breach with Britain was final and so "taking the gun out
persuaded by his son-in-law to request that Lynch be secon- of Irish politics". Alexis FitzGerald played a no less central
ded from Finance to the Taoiseach's Department as his role in 1951/54 when Fine Gael were again in opposition
adviser on economic policy. Lynch's appointment was but when it was anticipated that de Valera's minority
without precedent and it was the vital step in incorpora- government might not long survive.
ting Keynesian principles in government economic policy. Costello had resumed his practice at the Bar and, deprived
of civil service assistance, became especially reliant upon his
son-in-law who served as a kind of one-man research centre
and as speech writer. He was heavily involved, for example,
in preparing Costello's response to Sean MacEntee's defla-
tionary budget of 1952 which sought to redress the mount-
HE NEW policy was delineated in a major
T
ing deficit on the balance of payments. This was a time of
speech drafted by Lynch and FitzGerald and in tensive debate about the repatriation of sterling assets
delivered by Costello to the Institute of Bankers which, FitzGerald argued, could not be accomplished by
in Ireland on 19 November 1949, arguably the deliberately running a deficit on the balance of payments
single most important speech on economic and financial as repatriation in any other sense was merely a metaphysical
policy by a head of government since the foundation of the concept.
state. Its significance did not escape Lynch's former col- His hand may be detected too in Costello's Dail allega-
leagues in the Department of Finance who reacted with tions of a split between MacEntee's restrictionist and
alarm to such poaching on their preserves. Jimmy McElli- Lemass's expansionist policies and in his protests that
gott, then Secretary of the Department of Finance for over Paddy McGilligan's policy had "been set aside in favour of
twenty years, made this plain when he encountered Lynch the Victorian concepts of economy and ... the officials of
on the steps of Government Buildings next morning. the Department of Finance have triumphed over progress."
"Lynch," intoned McElligott, "you're a very young man It was partly because McGilligan refused to serve again
but I want to tell you that the more politicians know the as Minister for Finance for reasons of ill health and partly
more dangerous they are." because Paddy Lynch had resigned from the Taoiseach's
But McElligott's reservations were in vain because Lynch Department to lecture in economics at UCD, that Alexis
and FitzGerald had already secured the support of the FitzGerald never exerted as great an influence upon the
Minister for Finance, Paddy McGilligan. McGilligan was an economic and financial policy of Costello's second govern-
independent convert of Keynes and when Lynch showed ment in 1954/57. Costello's new choice as Minister for
him Costello's speech in advance and went through it line Finance was Gerard Sweetman who had very much im-
by line, McGilligan did not propose a single alteration of pressed him not only as Fine Gael Chief Whip and by his
substance. The outcome was the introduction of the first energy in opposition but by the mastery of financial legis-
capital budget in May 1950 when McGilligan's speech con- lation he had demonstrated in the Dail. Again, the legal
stituted the first explicit Keynesian commitment in an Irish nexus was important. Sweetman, too, was a solicitor who
budget. specialised in company taxation and who consequently
Alexis FitzGerald also played a major role in the crea- enjoyed extra-parliamentary access to Costello through the
tion of the IDA in 1949 when the reputation he had al- Law Library during the years in opposition.
ready won in Dublin business circles prompted the then Sweetman's youth and dynamism meant that the balance
senior partner in the accountancy firm of Craig Gardners of power in government decision-making on economic
to come to him with the idea and when, in his own phrase, policy which, during McGilligan's frequent bouts of ill
he served "as a conduit pipe" in communicating it to Cos- health during the first inter-party government had tilted
tello. And he was also credited with helping to dissuade towards the Taoiseach's Department, now swung back to
Sean Lemass from winding up the IDA when he returned to the Department of Finance. Sweetman, moreover, was
office HS Minister for Industry and Commerce in 1951. determined to be his own Minister for Finance and he
Alexis FitzGerald's influence on non-economic issues bristled visibly when Costello, in announcing his appoint-
is less readily apparent but his pragmatic streak was crucial ment at the first meeting of ministers, suggested that Paddy
in convincing Costello that Fine Gael had effectively ac- McGilligan and John O'Donovan (another civil servant in
quiesced in de Valera's tearing up the treaty in the 1930s. die Department of Finance who made the transition to
Pragmatism similarly persuaded him to share James Dillon's UCD's Economics Department) would "give him a hand".
criticisms about de Valera's "dictionary republic" and he Sweetman also found a formidable ally in Ken Whitaker,
MAGILL SEPTEMBER 1985 41
then a senior finance official of his own age whose drive The National Observer And The Just Society
and personality he found congenial, and he set the seal on
LEXIS FitzGerald's influence never rested with
A
Whitaker's meteoric rise through the ranks of Finance
when he had him appointed as Secretary in May 1956. the Fine Gael party, over whose fortunes Sweet-
Sweetman showed the same command of financial man now exerted an ever-increasing influence,
policy in government as he had done in opposition and he but with John A. Costello and once Costello
adopted the export tax relief scheme which became the left office that influence lost its focus. The establishment of
foundation stone of Irish industrial development. This was the Fine Gael Research and Information Council and .the
yet another brain-child of Alexis FitzGerald and a classic publication of the National Observer under the joint editor-
example of his ability to act as a private and powerful ship of Alexis FitzGerald and his brother-in-law, Declan
vehicle for transmitting innovative ideas into the right Costello, was an attempt to provide an alternative focus
hands. and to attract those who were intellectually interested in
But the Taoiseach and his son-in -law became progressively politics by providing them with a platform in public affairs.
disenchanted with what they saw as Sweetman's excessive Alexis FitzGerald's first editorial put it more irreverently:
deference to the deflationary conservatism of his officials
.•.
"The conviction which has moved us into existence is
in the Department of Finance. Although they never lost that to obtain the new recruits, to improve the stan-
confidence in Sweetman's ability they did come to question dards and to freshen the controversy of politics it is
his judgement and Alexis FitzGerald in particular formed necessary to undertake a complete reappraisal of all
the view that Sweetman was no more than a highly intelli- aspects of national policy. All the sacred cows may
gent technician who knew nothing about economics. be chased around our pastures and we are not with-
The 1956 balance of payments crisis brought matters out hope that some of them will expire from the ex-
to a head and although, despite Costello's opposition, haustion of the exercise. "
Sweetman won Cabinet backing for what Fianna Fail not
The paper's contributors were not confmed to party
unreasonably described as his third budget in four months,
members and included Christopher Hollis, Owen Sheehy-
the consequent tensions contributed to the collapse of the
Skeffington, Michael MacLiammoir, Patrick Kavanagh,
government in March 1957.
Patrick Lynch, Desmond Fennell, Desmond Williams and
Another major issue in the fifties was emigration and Garret FitzGerald. One notable example of editorial objec-
Alexis FitzGerald was a member of the Commission on tivity was the reaction to the Fianna Fail government's
Emigration and Other Population Problems which sat from publication of Economic Development in 1958 which it
1948-1954. His "reservation" to the majority report stri- "unreservedly welcomed as a real contribution to the res-
kingly illustrated his bleak vision of how little Ireland could toration of national self-confidence."
do for its would-be emigrants and his moral courage in The National Observer was short-lived. It appeared
saying publicly what others might think but would leave monthly between July 1958 and April 1960 and there-
unsaid. He could not, he wrote, "accept either the view that after more irregularly until it finally expired in December
a high rate of emigration is necessarily a sign of national 1960 due to lack of financial support and the excessive
decline or that policy should be over-anxiously framed to demands it made upon its editors' time.
reduce it," and he urged recognition of the significance and In the meantime, in 1959, Richard Mulcahy had retired
the "providential" role of Irish emigrants in the history of as leader of Fine Gael. Although John A. Costello expressed
the Catholic church. an interest in the succession he was not prepared to give up
his career at the Bar and Gerard Sweetman, who had not
"In the order of values, it seems more important to
forgotten their differences in 1956/7, engineered the elec-
preserve and improve the quality of Irish life and
tion of James Dillon. Alexis FitzGerald's reservations about
thereby the purity of that message which our people
Dillon found expression in a National Observer editorial:
have communicated to the world than it is to reduce
"So far from Mr Dillon being an unsafe man the real danger
the numbers of Irish emigrants. While there is a danger
that he may prove too safe ... a public man's mind must be
of complacency I believe that there should be a more
always kept open for new ideas, no matter from what quar-
realistic appreciation of the advantages of emigra-
ter they may emerge."
tion. High emigration, granted a population excess,
It is unlikely that the party hierarchy regretted the de-
releases social tensions which would otherwise ex-
mise of the National Observer and they were equally sus-
plode and makes possible a stability of manners and
picious of the public meetings which Alexis FitzGerald and
customs which would otherwise be the subject of
radical change. It is a national advantage that it is others organised in Jury's Hotel under the auspices of the
easy for emigrants to establish their lives in other Fine Gael Research and Information Council - this was the
parts of the world not merely from the point of view genesis of his essay on Irish democracy where he reflected
of the Irish society they leave behind but from the on the:
point of view of the individuals concerned whose "Particular need in politics for men who are prepared
horizon of opportunity is widened. honestly to advise parties out of power. Admittedly,
"While we should so cultivate our resources that as the man who goes fully into politics and joins a party
many Irishmen as possible can live their lives in Ire- has got to give up some portion of the good he sees
land this should not be done in a manner or to the to make room for some of the good that others see.
extent of imperilling the imponderable values and He has to abandon the pleasure reserved for those
liberties of our traditional society. I cannot look for- who never recommend any policy other than the
ward as to an improved state of society to an Ireland best, who can always afford the unattainable, un-
where a greatly increased population can be suppor- realisable perfect. A man who goes into politics and
ted only at the expense of a reduced standard of joins a party is required to have the moral stamina
living. " (and this is a considerable requirement) of making a
42 MAGILL SEPTEMBER 1985
choice between two evils. He will" be required to sion might damage Fine Gael's electoral standing. The leve-
suffer crippling compromises, infurating concessions rage this gave him led to the Just Society document which,
and sombre boredom. He can console himself with although diluted by Gerard Sweetman, formed the core of
the knowledge that only through compromise are Fine Gael's 1965 election manifesto.
institutions built and that if he is to have influence in When the election was announced both Declan Costello
. and Alexis FitzGerald put considerable pressure on Garret
his society for his ideas this will never be greater than
FitzGerald to run for the Dail in Dublin South East where.
when he is at the centre of some great institution like
John A. Costello was willing to stand down in his favour.
a political party. "
Although Garret refused and resisted what was a consi-
In practice, however, Alexis FitzGerald's influence was derable temptation - John A. Costello kept the seat warm
very much in abeyance with the triumph of the Dillon- for another term - renewed pressure to run for the Senate
. Sweetman axis in the party. He was not a member of the was applied after his outstanding television performance on
group which drafted the Just Society document particu- the night of the election-count.
larly associated with Declan Costello and his next major This time Garret FitzGerald succumbed but only on the
involvement was in the events which led to Garret Fitz- understanding that he and Alexis would both run for the
Gerald's en try in to politics. Senate. Garret was elected but Alexis lost by the narrowest'
When Garret FitzGerald first broached the subject of his of margins (one-quarter of a vote) after a joint campaign
joining Fine Gael with Declan Costello over lunch at the in which they received much help from Tom O'Higgins.
Unicorn in the spring of 1964 Costello told him of his own The first Fine Gael parliamentary party meeting after
dissatisfaction with the party leadership and of his inclina- the 1965 election saw the sudden resignation of James
tion to get out of politics. But John A. Costello persuaded Dillon as party leader and his instant succession by Liam
his son that it would be unreasonable to leave a party un- Cosgrave, the solitary candidate, with Gerard Sweetman
less it had first rejected his ideas. The outcome was Declan once more playing the part of king-maker. Alexis and Garret
Costello's hastily cobbled-together social and economic pro- FitzGerald and their wives were dining that night in the
posals (the so called eight points) which were just as hastily" Beaufield Mews and a great depression settled upon the
accepted by a party leadership alarmed at how his seces- company when Declan Costello telephoned to say that
Cosgrave had become party leader. he told his fellow senators when he first addressed them on
In fact Alexis FitzGerald's relations with Cosgrave were 11 November 1969 and he frequently expressed his grati-
good. They were contemporaries who used go to the same tude to Garret FitzGerald for being the only person ever to
dances at the Gresham and he had long appreciated Cos- have asked him to enter politics on his own account.
grave's dry sense of humour; they had also worked closely His contribution to the Senate was remarkable in terms
together when Cosgrave was Costello's Parliamentary Sec- of its impact upon legislation, especially in the financial
retary in 1948-51. But it was inevitable that he would gravi- and legal areas where he was professionally expert. He took
tate towards the more intellectual and social democratic great pains with his Senate speeches, writing and re-writing
side of the party where Garret FitzGerald, given Declan them, although he never lost his inhibitions about public
Costello's progressive disenchantment with politics, was speaking. Some of his speeches, in the opinion of a senator
becoming more and more the standard-bearer. who was not of his political persuasion, "stood out for their'
Sweetman beat off a challenge to rename the party meticulous attention to the most intricate pieces oflegisla-
"Fine Gael - Social Democratic Party" at the 1968 Ard tion. If any man justified the existence of the Senate it was
Fheis, but Fine Gael's fourth successive defeat in the 1969 Alexis."
election further eroded the credibility of the party leader- The Senate debates revealed how often Fianna Fail
fuip. The conservative element in the party suffered another ministers reacted sympathetically to his amendments which
major reverse when Sweetman was killed in a car crash in sought to perfect, and not to thwart, their legislative pur-
1970. Although Alexis FitzGerald was bitterly disappoin- pose. He won the particular respect of civil servants who
ted by the decision of Declan Costello with whom he was would sometimes approach him for advice and with whom
always very close, not to stand for the Dail in 1969, that he would discuss at length, sometimes on the telephone,
same election witnessed the emergence of Garret Fitz- thornier details of legislation. One Secretary of a govern-
Gerald as a central figure in national politics after he had ment department commented that "you could always tell
stood for John Costello's Dail seat and had headed the poll that Alexis was speaking in the Senate because the civil
in Dublin South East. servants took out their notebooks." Finance Bills, in parti-
It was in 1969, too, that Alexis FitzGerald was first cular, were food and drink to him. He would apply himself
elected to the Senate. to the task of shutting off what loopholes he could detect
Later, when they were law, he would examine them again
and again in his capacity as a solicitor seeking to uncover
still more arcane loopholes which might be to the benefit
The Senator of his clients.
Oilier speeches, however, especially in his first Senate
EMBERSHIPof the Senate carried with it term, were remarkable for their philosophical content. His'
<.
riche. "It is not bad to have a lot of money," he told the if the threat to its survival were sufficiently grave. "I see no
Senate, "but to spend it conspicuously or selfishly is bad." theoretical reason whatsoever why this state should not
"A private swimming pool," he insisted, "should be well intern all armed conspirators," he declared in 1975. "The
and truly taxed." Yet he himself was insulated from the only reason why the state should hesitate in doing so is if
way of life of the poor and he reacted with emotion and it could not do it effectively and would not retain the
with horror when he encountered squalor and deprivation consensus of the support of public opinion."
while canvassing in the Dublin South West by-election of His conservatism also emerged when issues of sexual
1969. morality were discussed, particularly in the debate on the
But if Alexis FitzGerald nevertheless described himself 1973 Family Planning Bill, when he angrily disputed John
as belonging to "the extreme left wing" of his party on Horgan's allegation that opponents of unrestricted family
social issues, he placed himself unambiguously on the right planning were motivated by no more than the sexual
in regard to law and order: "nobody would get any support jealousy of the old for the young. He insisted that "there is
from me for any measure which threatened the security of value in the state maintaining what is the old Christian
the state because the security of the state is the protection common law against fornication in so far as it is prudent
of our weakest citizens." Always imbued with the pessi- for it to do so," although he also quoted Lord Chester-
mism of the conservative, the eruption of the Northern field's more worldly axiom on the subject: "the pleasure
Ireland cataclysm followed by the Arms Trial induced in is momentary, the position is ridiculous and the expense
him a mood of black despair. His greatest anxiety was the damnable." But he refused to accept the liberal proposi-
tion "that the law cannot be used to enforce standards of Michael O'Leary at first assumed that Garret FitzGerald
public morality." wanted Alexis to act as Special Adviser to him as Taoiseach
and his appointment as Special Adviser to the Government
caused a flurry of concern among Labour ministers who
feared that what was intended was that he should have an
Special Adviser To The Government overview of departmental papers over their heads. But this
'misapprehension, in Labour circles still smarting from their
HE mid-seventies had been a bad time for effective exclusion from the secret Sandymount talks, was
ment not only of Alexis FitzGerald but also of Senator Jim vailing departmental mood on the single issue which so
Dooge as Minister for Foreign Affairs. dominated the short life of that government: the hunger-
Once exposed to the extraordinary pressures of the strikes in Northern Ireland.
Taoiseach's office, however, Garret FitzGerald quickly Mention has already been made of the deep depression
formed intimate working relationships with departmental which the eruption of the Northern Ireland crisis induced
officials, some of whom had already won his confidence in Alexis FitzGerald and he was present with Tom O'Hig-
when he had been Minister for Foreign Affairs and whom gins and Michael Sweetman on the historic occasion when
he had seconded from that department. So it was that, Garret FitzGerald first met John Hume in Ivan Cooper's
although Alexis FitzGerald was given a room just down the house in Derry in December 1969. His own instincts, how-
corridor from the Taoiseach's, he had to compete with ever, led him to distrust Garret FitzGerald's self-confessed
others for the Taoiseach's ear and he rarely enjoyed quite loyalty to Northern Ireland, as distinct from his loyalty to
the kind of unrestricted access he might have anticipated. this state, and he tended to warn him against too obsessive
Indeed he was occasionally heard to complain that he could an involvement in Northern Irish affairs. Such advice fell
get no time with the Taoiseach. It happened at least once on deaf ears at the height of the hunger-strikes and led to
that a paper which he prepared on the assumption that it some loss of intimacy with the Taoiseach.
would be circulated to the cabinet never got beyond the Indeed one of Alexis FitzGerald's oldest friends, who is
MAGILL SEPTEMBER 1985 47
also one of the most discreet and evasive of witnesses, divine rights than kings whose rights have long since been
unequivocally asserted that "he had absolutely no interest abandoned as insupportable." In politics, he argued, "there
in the North - none. He felt it would be much better for- are problems which are as insoluble as the incurable con-
gotten than taken seriously." It was one of the few issues cerns which afflict the physical body."
on which he was closer to Liam Cosgrave than to Garret Such pessimism contrasts starkly with the optimism
FitzGerald. which characterises Garret FitzGerald's approach to the
But this negative attitude towards Northern Ireland must political process and is another reason why he did not re-
be set in the context of his positive and intense commit- new Alexis FitzGerald's appointment as Special Adviser
ment to the institutions of this state and his fears for their when he formed his second government. Neither man regar-
survival; and we have already seen how strongly he spoke ded the experiment as a success and some of those who
upon this subject in the Senate in the early seventies. Al- were closest to Alexis are convinced that, although he
though he welcomed the proposed deletion from the Con- would have liked to have been invited to serve again, he
stitution of the article giving a special place to the Catholic would have declined.
church on the grounds that it showed a "lack of generosity
one never expects to find in a legal document" and had
given Ireland "a bad name", he explicitly repudiated "the
view that the chief obstacle to the unity ofIrishmen in this Last Years
country is the influence of the Catholic church." But he in-
LEXIS FitzGerald had still been senior partner
A
sisted that "the main objective of public policy here must
be, not unity, but peace." He was not among those who re- in McCann, FitzGerald, Sutton, Dudley in July
joiced in the collapse of the Northern Ireland government 1981 when he was appointed Special Adviser to
in 1972. "We have been overpleased with the destruction of the Government. He then immediately severed
Stormont," he warned and, in a classically conservative 'all connections with the firm, which was a very consider-
statement, he argued that: able financial sacrifice, in order to avoid any possible con-
flict of interest. He returned to the firm as chairman after
"The objective of destruction is not a good one and
we have not fully savoured all the consequences of the government fell early in 1982 but he did not reoccupy
the fall of Stormont. If loyalties of passionate men the pre-eminent position he had filled for the previous
are set footloose it raises questions as to where they thirty years. His responsibilities were largely administrative
are going to be fastened. " and he did less and less work directly for clients, but he
would make exceptions in the case of personal friends.
He returned to the theme of Irish unity ill a Senate Although his health began to fail visibly shortly thereafter
speech in July 1974 when he predicted that "the unity of his intellectual curiosity was unimpaired.
Ireland is a unity which will. be achieved no more success- He had a particular intellectual passion, which began
fully than unity within a nation is ever achieved." What some time in the early seventies, for theology and for bib-
sets such speeches apart is their historical sense of pride lical studies and he often spoke to friends about "how
in the achievements of Irish nationalism in the twentieth wonderful it was to discover a new intellectual influence in
century: "the very success of our winning, establishing, one's fifties."
maintaining and developing successfully Irish indepen- He read as voraciously as ever and one eminent authority
dence." That success, he insisted: reflected that the wealth of glosses and annotations scribbled
in his personal copy of the bible would have done credit to
"Was due to patience, constant acceptance of com- a professional scholar. He became specially enamoured of
promise, constant recognition of the daily realities we the massive and scholarly six-volume work on The Glory of
had in the building up of independence .... There is God by the German theologian Hans Drs Von Balthasar
nothing inevitable about these matters. There are and he may well have been the first person in Ireland to
ruins of states in Eastern Europe which conducted read the two volumes (of some 800 pages each) which have
their affairs on the basis that their histone claims been translated into English.
were due for realisation and would be certainly rea- One of the last times he appeared in public was when he
lised. " went to hear Hans Kung when he sat in, what were for him,
It was sentiments such as these which also set him apart conditions of acute discomfort for over three hours. But his
from party colleagues in his readiness to pay generous tri- air of self-mockery was as evident in regard to theology as
bute to Eamon de Valera in an essay published in Studies in other things and he shrank from taking it too seriously
on the occasion of de Valera's death and in another essay or from having others take him too seriously. His was essen-
published in The Irish Times on the centenary of his birth tially a simple faith and he was never a pious man who
in 1982 where he wrote that "de Valera's major achieve- sought to impose his theological interests on those who did
ment was in rendering legitimate the institutions of the not share them .
. State and creating that broad consensus of support which His interest in theology was very much part of his more
gives them the strength they have." He appreciated, too, general intellectual and political interests. He became very
de Valera's "practical political skill" as well as "the reality in terested in Wittgenstein near the very end of his life as he
of his religious commitment." And it is in this essay also was attracted by Wittgenstein's view that religious belief
that we find the crystalisation of a political philosophy could exist independently of philosophy.
which must have sat uneasily with the desperate day-to- The importance of the church, in his view, was as a con-
day concerns of a government striving to settle the hunger- tinuing community which provided a service for people's
strike. relationship with God and with each other rather than as an
He deplored the excesses of nationalist ideology and in- end in itself. He had a strong sense of weakness, perhaps
sisted that "nations have no more (they may have less) even of evil, and his profession as a solicitor left him few
illusions about human frailty. But neither his bouts of the presence of the dying.
depression nor his belief in the virtue of Christian scepti- In an autobiographical fragment written in 1975 or 1976
cism undermined his sense of hope about humanity. in which he referred to himself as having constantly expec-
Yet his pessimism led him to recognise the possibility ted death for many years, Alexis FitzGerald wrote that if
that the Christian position might become a minority posi- he died then:
tion. He was fond of paraphrasing Cyril Connolly's aphorism "History would record that without a penny in his
- "it is closing time in the Gardens of the West" - and in pocket by hard work (a) he became the youngest
his 1980 interview with Andy O'Mahony he spoke of the university lecturer at that time appointed and for
need to avoid the "anarchic consequences of a collapse of twenty years so continued, although only part-time,
authority". But, for him, authority must be founded on in two entirely different subjects and faculties, in one
respect and he worried about the failure of the Catholic case inaugurating in Dublin the first set of lectures on
church in Ireland to offer "the excitement of a challenge". a new subject; (b) he believes that at least as much as
He admired intelligence in bishops as in statesmen and he anyone else he saved the Fine Gael party for which
despaired at the contemporary decline in the intellectual he worked for twenty-five years without even form-
calibre of Irish church leaders. ing an ambition of holding any office until elected
"Courage in bearing a decline in natural powers is ... Senator in 1969 ... ; (c) he built up the biggest firm
the ally and the servant of noble living," wrote Alexis of solicitors in Ireland with the emphasis on skill and
FitzGerald in his obituary essay on de Valera, and he rapid advancement for promising young people. "
commended him as an example of the Platonic text "that
what life is about is learning how to die." Alexis Fitz- He might have added Paddy .Lynch's considered post-
Gerald had learnt that lesson well and, even at the end, he humous opinion that "he had more influence on economic
never lost what his own obituary in The Times described policy than any politician or civil servant since the state was
as his "quizzical, almost impish sense of humour and great founded." But he could not then have been expected to
personal charm." Indeed those who were closest to him know that the quality of his counsel was yet to achieve, in
were amazed at the extraordinary demands he would make his appointment as Special Adviser to the Government,
upon his fading reserves to make his visitors relax and to recognition of a kind never accorded to anyone before and
put at ease, above all, those who were uncomfortable in unlikely to be accorded to anyone again. •
MAGILL SEPTEMBER 1985 49
here won't be any English League
T soccer on English television before
October. There may be no soccer at
all on BBC and lTV this season, except
for international matches and the FA
Cup final.
Bad news for armchair sports fans
across the water, this was not neces-
sarily bad news for Irish soccer fans.
In fact, thanks to some brilliant wheel-
ing and dealing by the RTE Sports
Department the Irish sporting weekend
was to be revolutionised by live screen-
ing of fifteen top English League
matches on Saturday afternoons
throughout the winter.
The Sports Department plan was to
broadcast the live games each Saturday
except when rugby internationals or
top racing meetings claimed priority.
Alas, I use the past tense to describe
what would have been one of R TE's
greatest broadcasting coups because
Kenny Sansom, compulsive gambler Graham Rix, banned from driving
the Utopian (if soccer is your game)
plan has been scuppered by ... The Did the legislators North of the border great (no sarcasm intended) Karl
Boys From Merrion Square. lift a finger to protect the game down McGinty claimed thatShels had been
Not content with foisting Eoin here? No. And indeed' why should taken over by an' American/Irish
Hand upon us, rendering the Famous they? millionaire named Carey. Mr Carey,
Fried Chicken game a laughing stock As things stand you won't be getting together with Irish shipping magnate
through maladministration and gener- English soccer live in the months (I didn't know we had any either)
ally cocking-up everything they touch ahead. There is hope, however, for r Paddy Finnegan, announced that he
the men who have emptied Lansdowne understand that RTE intends to fight intended to make Shels "not just one
Road have now turned their attention back. The Famous Chicken League of the top clubs in Ireland but one of
to armchair sports fans. At their recent does need television exposure and the the top clubs in Europe."
meeting the League of Ireland clu bs - few bob that goes with it. Let us hope This promise was made in the Shel-
all twenty-four of them (there is now that common sense prevails and that bourne Hotel (no relation) at a bash to
a second division) - vetoed RTE's RTE can prevent our football adminis- launch the new Shels. Among those in
plans for live English soccer. trators dealing yet another blow to attendance were Mr Tone E. Byrne,
There is an international agreement the nation's football fans. chairman for life (retired) of the old
that rules that television can only Shels, his friend John Giles and his
show soccer with the consent of the friend Tim O'Connor, RTE television's
local football association. This regula- new Head of Sport. Later that evening
tion is designed to ensure that, for o you remember Shelbourne? The
example,
from
RTE would be prevented
screening Manchester United/
D old Shelbourne that is - the club
the three distinguished
me in my humble
gents visited
hospital bed to
that seemed to be forever traumatised cheer me up. When I expressed my
Liverpool in direct opposition to Shel- as directors fought with each other, customary scepticism about the new
bourne/St Patricks. But as this was not took each other to court (on the last million dollar Shels I was assured that
going to happen in this case why did occasion for assault), accused each things were on the level. Carey really
the Chicken Chumps exercise their other of everything from larceny to did exist. He was a friend of Jimmy
veto? Why did they deny Irish soccer fraud and finally towards the end of Carter. What is more, according to
lovers this unprecedented treat? last season split so that there were in Tone E. - who despite selling his
You won't believe this but my effect two boards of directors? majority shareholding, will still rep-
mole at the crucial meeting is empha- Well, the good news is that there is resent Shels in Merrion Square -
tic; the boys wiped Man Utd/Liverpool a new Shelbourne. Having narrowly millionaire Carey's family "goes back
live off the R TE screens to protect the avoided relegation last season Ireland's five generations." f must admit to
game ... wait for it ... not their own oldest soccer club was, as it were, given being less than convinced by this last
Chicken Game, but the game in the a new image during the summer. testimonial, for, as I pointed out to
North where they play on Saturday . Lying in a hospital bed recovering the ex-chairman for life, as I under-
afternoons. Such solidarity would be from surgery (having the chips re- stand it all families go back five gene-
touching if it were not for an astonish- moved) I was delighted to read in my rations.
ing fact. For the past two seasons live Evening Herald the following headline: Since that night the New Million
English League and Cup games have "Shels In Million Dollar League". To Dollar Shels have appointed Paddy
been transmitted on Sundays in direct be fair I can't remember the exact Mulligan manager and signed some
competition with Chicken football. wording but the story written by the decent players. When I met Brian
Clough's friend last week he was opti- alcohol are also being dabbled with next Arsenal manager will need player.
mistic. "We are 33/1 for the Chicken behind manager Don Howe's straight approval before he gets the jo b.
League," Mulligan informed me, "you back.
should get on now." I pass on the tip As a result of all this Arsenal's 300
here will be two Chicken Leagues
for what it's worth. shareholders were in an angry mood
when they met in a London hotel this T this season, a Premier (sic) Division
week. The club has made a mediocre and a newly-constituted First Division.
Things have already started to go
start to the season. Former skipper
wrong. Sporting Club Thurles (that
egular readers will remem ber Rix is among the four banned from
R David Dein , the Arsenal director
whose friendship with the players
driving, his successor Kenny Sansom
is a self-confessed compulsive gam bler,
name has an unconvincing ring to it),
. elected to the new league, have dropped
and many of the rumours of dressing- out before a ball was kicked. This club
caused so much trouble when Terry
Neill was manager. Neill felt strongly .had no ground, no players and as far
room unrest are confirmed in a book
and bitterly that Dein's gossiping with published by Tony Woodcock last as this observer can make out was
out-of-favour players cost him one of week. As someone close to the High- little more than a figment of some-
body's imagination. -e:
English football's best jobs. Dein, a bury dressingroorn put it to me
whizz-kid of the type Arsenal would recently, "There is a sickness in that EMFA (nobody knows what the
not have entertained in their hallowed club." letters stand for) is real and will rep-
halls years ago, is rich. He literally Fairly or unfairly, David Dein is resent Kilkenny in Division One.,
bought his directorship for £300,000 held responsible by many traditiona- EMFA's manager is Jimmy Rattigan.
(sterling) . lists for the club's newly-acquired low- Previewing the new season Jimmy
Since Neill's departure, Dein has life image. Moves to unseat the vice- heaped praise on player/coach Milo
risen to become vice-chairman. He chairman failed this week because with Breen. Milo's credentials for the job
continues to socialise with the stars, 1,167 shares he is the club's largest look impeccable. He spent thirteen
notably Graham Rix, the former cap- single shareholder. years with EMF A before moving to
tain, Tony Woodcock, the England Ironically, the man most likely to Waterford last season. He has returned
striker, and Charlie Nicholas, the man- suffer for all of this is Don Howe, one now that EMF A are in the big-time. So
about-town. Irish international David of the strictest disciplinarians in the far, Rattigan tells us, "Milo has had
O'Leary is not a member of Arsenal's English game. Honest and dedicated 99.9% turnout and commitment from
~low-life set. David goes home after though he is, Howe is unlikely to sur- the squad of eighteen players." An
games and is not therefore one of the vive a spell of bad results. Given the interesting statistic that. According to
four Highbury players currently banned cosy relationship between Dein and my calculations somebody is leaving
for drink/driving offences. Rumour 'the more colourful characters in the some crucial part of their anatomy at
has it that toxic substances other than dressingroorn , the chances are that the home.
he draw in the two All-Ireland Jack Maloney assesses the quality
T football semi-finals has suggested
to many an improved standard in the
of the Dublin and Kerry football
in spite of some majestic performan-
ces - for instance in the second half
in the first match against Monaghan
teams and concludes that Gaelic
game outside of Kerry and Dublin, football is in decline. and at centre back in the second match
but a more realistic assessment would seems to have 10,8tthe elan that
suggest that the standard in the two and, arguably, the full back line of made him one of the all-time "greats"
premier counties has declined to the Paudi O'Shea, Sean Walsh and Mick of even a year ago. Ambrose O'Dono-
level of the others. Spillane has claims to be as good as van is not at all in the same class as
Certainly, there is little about the that of Jimmy Deenihan, John Sean Walsh, was, for instance in the
present Kerry and Dublin teams to O'Keeffe and Ger O'Keeffe. The half finals of 1980 and '81. O'Donovan,
suggest that either is in the same league back line of Gerry Lynch, Tom Spil- regrettably, in terms of the great Kerry
as their predecessors of three, five or lane and Tommy Doyle is not as im- teams, is an also-ran.
ten years ago and this is an estimation pressive as that of Paudi O'Shea (when But it is among the forwards that
based not on nostalgia but on cold he played right half back), Tim Ken- the most unfavourable comparisons
calculation. nelly and Paudi Lynch, although, to emerge. Quite simply, the sheer pace
Take the Kerry team. be fair, it is not far behind. and class that was stamped all over the
Certainly, the goalkeeper, Charlie The unfavourable comparison begins Kerry forward line of Spillane (Pat),
Neligan is as good as he has ever been from there onwards. Jack O'Shea, Moran, Power, Egan, Liston and
Armagh half. Power carried the ball on
deep into the Armagh half, before
transferring in to Jack O'Shea, who
had run the length of the field and was
now on the verge of the Armagh square.
He kicked back inwards to Owen Liston
who kicked a point.
It was in the Brazilian football
class and underlined the cohesion and
sheer speed of the Kerry attack.
Although there were flashes of
Kerry greatness, especially from the
two 0 'Sheas, Pat Spillane and Owen
Liston (before he was rightly sent off'
in the replay against Monaghan), there
was nothing of the class of that move .•..
of only three years ago.