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Two Weeks In The Life Of The Media

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 .

Life And Death In A Traveller Family


by Mark Brennock
The McCann family have suffered the same discrimination and hardship as many other
traveller families. In addition, two of their sons have drowned and one has been killed in
a high speed car chase in the last year.

Prolonging The Agony 12


by Aileen 0 Meara
Four years after the Stardust fire, the families of the dead and the survivors have not
received a penny in compensation. The politicians said they would act quickly. They have
shown no inclination to do so. The first compensation case has yet to come to court.

The Life And Times Of Alexis FitzGerald 34


by Ronan Fanning . :',
For forty years, Alexis FitzGerald was at the centre of power in Irish politicaland econo-
mic life. He was the only person ever to be appoin ted as a special advisor to the cabinet
and that appointment hinted at the extent of his influence in Irish life,

Unseen On The Screen


Michael Dwyer previews the forthcoming Dublin Film Festival.

The Fall From Greatness 57


Jack Maloney examines the current composition and form of the great football teams of
the last decade, Dublin and Kerry,

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.

t was around this time last year when she heard


that two of her sons had drowned. She had
gone to Roscommon to see a healer, who had
been born with a cross on her foot. The woman
"had healed a lot of people before, according to Mrs McCarm,
and she was almost healed herself when Michael and young
Thomas came down to Roscommon to tell her that Johnny
and Francis had drowned in the Grand Canal.
Johnny had bought his girlfriend a beautiful ring. He
was crazy about her and he wanted to get married. When
she took a flat near Dun Laoghaire with another man he at thirty-three, is the eldest son.
took to drinking heavily. He might have been heading for Thomas and Mary McCann are going to Lourdes soon,
the cafe on Mespil Road when he fell off the narrow foot- and when they return they plan to leave Baggot Street and
bridge across the canal near Baggot Street bridge and move to Longford and Westmeath where Mary's family
drowned. come from. They hope to be able to settle there after over
Francis used to work in a petrol station on Merrion fifty years of being moved on from place to place. Their
Road, used as a training centre by the Rehabilitation Insti- three sons will probably remain in Dublin. •
tute. Once he worked in New York for six months for a
man who bred greyhounds. The man wanted to take him
back over again, but he started drinking heavily and ended
up in Mountjoy for assault.
Johnny and Francis were inseparable, and Johnny's
death sent Francis into a state of desperation. "Whatever
Johnny'd do, Francis would do the same thing," says Mrs
McCann.
The next night Francis did the same thing as Johnny. He
first took a silver ring off his finger - a present from
Johnny - and gave it to a cousin. "Give that to my mammy
and tell her I love her," he said. He went to the spot near
Baggot Street bridge where Johnny had drowned and he
lowered himself into the canal. Mrs McCann wears the ring
that Johnny gave to Francis.

is parents are lucky in the place where they live

H now. The people in the nearby florist and post


office are friendly to them, and the nuns in the
Mercy convent beside the Bank of Ireland head-
quarters are very helpful. Some of the staff in the Fine Gael
headquarters have also shown some humanity towards them
- Mrs McCann has particular praise for Peter Prendergast.
But there is also considerable hostility. They are barred
. from the launderette and some nearby shops. They have
been assaulted by barmen in Baggot Street pubs.
The youngest son, Richard, is almost seventeen, and is
in his last year in school. The next son, Thomas, is twenty-
five. He has been involved in the travellers' rights group,
Minceir Misli since its foundation, and has been accepted
to go to Maynooth College next year to study to be a pro-
fessional social worker if he can get a gran t. Michael McCann,
Charlie Haughey was shocked and
appalled at the tragedy. He walked
One and a half years after the fire,
the Report of the Tribunal of Inquiry
through the burnt out shell of the said that the fire was "probably"
Stardust and said that some of the malicious. The relatives of the dead
dead were known to him. He visited and injured started to put their claims
all the hospitals, where many of the Artane, for the special requiem mass. for compensation together for the
victims were in intensive care. "It is There was a special national day of .courts. It is now four and a half years
very harrowing for the parents, many mourning. since the fire, and as yet, not one case
of whom live in my own parish, as it A week after the forty-eight died, has come into the High Court. The
were," the Taoiseach said. the last eight victims were buried. Six civil litigation process lies paralysed
Minister for Health Michael Woods of them could not be identified. The in a complicated maze of delays over
was one of the first public figures to politicians came to the funeral; two costs, appeals over documents, defences
arrive at the morgue to sympathise Fianna Fail councillors managed to not being filed and solicitors with their
with relatives. Garret FitzGerald said squeeze into the front row reserved cases ready but reluctant to incur the
he was appalled at the magnitude of for the immediate families of the dead. costs and work of being the first to
the tragedy. The Tribunal of Inquiry soaked up bring their case into court.
On the Tuesday after the fire, the publicity over the fire. The trauma The list of cases due to come under
politicians from all the parties as of the relatives and injured was for- jury actions in the High Court in the
well as churchmen of every creed piled gotten as lawyers, barristers and ex- next term shows that number 883,
into Our Lady of Mercy Church, perts sought to decide the causes. fifth on the list, is that of. Grice -v-
Silver Swan t/a Stardust. It is expected The issue of the delay came up in
that this case will be adjourned, as it February last, when Liam Lysaght sent
has been on several occasions before ninety of. his clients a letter seeking
this, and that the first case to deal £1,000 from them in order to pursue
with the compensation claims for the their cases. The people involved had
victims of the Stardust will not come no idea at what stage their' cases were
up until several months later. at, and why they were taking so long.
There are 245 writs issued for the They felt that the request for payment
Stardust claims. There are forty-two of this sum was unfair.
solicitors acting on those cases. In the letter, Mr Lysaght outlined
Liam Lysaght & Company have 117 arrangements he had made for his
cases, Tony Hanahoe, of Michael clients to take out a loan of £ 1,000
Hanahoe & Company has fifty cases, from the Allied Irish Bank in Dame
Evanna Killeen of Killeen & Company Street, Dublin, which he had guaran-
has eight, and the rest are divided out teed. This loan, which was signed for
in ones and twos between the other by eighty people went towards costs
thirty-nine solicitors. At the time of the fire, medical incurred in preparing the cases, accor- .•..
There are six defendants: Dublin cards were issued to the injured for ding to the letter.
Corporation, The State, Eamon But- their expenses. Since then, many of Mr Lysaght asked his clients to
terly , Patrick B utterly, Silver Swan those cards have been withdrawn. agree to the loan "immediately to
Ltd and Scotts Foods Ltd. avoid any delay in the progress of your
The usual length of time to get a case," and broke down the figure as
case to the High Court at present is documents that the defendants do not follows:
two years, one year to go through a wish to hand over. Garda report £20.00.
system of pleadings, and one year in The principal solicitor involved in Barristers fees £300.00.
the queue in the High Court waiting this delay is Liam Lysaght, whose 117 Doctors reports £200.00.
for your case to come up. Most of the cases involve some of the more seriously Engineers reports £500.00.
delays over the Stardust cases concern injured victims. Stamp duties £100.00.
problems arising at various stages of Liam Lysaght first came to the lt is not usual for solicitors to charge
the pleadings, between the plain tiff attention of the relatives and injured clients for barristers fees before a case
and the defendants. in the days following the fire. He comes up in court.
attended meetings that were being According to this breakdown, Mr
held in the local pub, the Black Sheep. Lysaght was getting separate doctors,
typical High Court case goes
A . through several stages of plead-
He spoke at meetings and offered his
legal advice for free.
engineers, and garda reports for each
of his clients' cases, despite the fact
ings before it gets into the queue. The When the Tribunal of Inquiry was that many of them are similar.
first stage is the issuing of a writ, or established, the government agreed to Mr' Lysaght told journalists after-
plenary summons, by the plaintiff. pay the legal costs incurred for the wards that he was out of pocket by
This is a simple document stating the relatives and appointed two solicitors £60,000 as a result of the work done
plaintiff's intention to proceed with a for them, Maire Bates of the Coolock on the Stardust cases so far. Many of
case against the named defendants. Community Law Centre, and Tony Mr Lysaght's clients are unemployed
The defendant issues an appearance. Hanahoe, former Dublin footballer, of as a result of the injuries they received,
Next, the plaintiff issues a statement Michael E. Hanahoe & Company. and several are still attending several
of claim, a more complicated docu- Tony' Hanahoe is presently dealing doctors over injuries.
ment usually issued by a barrister, with fifty clients in the compensation
making out the claims that the plain- claims.
tiff intends pursuing. The defendant Liam Lysaght was chosen by the n March, John Keegan, whose two
issues a defence to this statement of.
claim. Following this, the plaintiff
relatives, many of them feeling that Idaughters died in the Stardust fire,
they wanted to appoint their own began to make efforts to get the Star-
puts in a notice of trial to the High solicitor. When the Tribunal was over, dust relatives committee active again.
Court, and goes in to the queue. they felt that since he had been in- By May, a new group of relatives, the
If the defendant is delaying in volved in the cases, he would have all Stardust Victims Committee, had been
issuing a defence, the plaintiff can the knowledge of the Tribunal. formed, with John Keegan as chair-
go to court to have it issued. Also, In a written reply in the Dail in man. They wrote a series of letters to
the plaintiff may have to appeal to Novem ber 1981, Minister for the politicians and the legal profession
court to get the defendant to hand Environment Peter Barry, stated that asking for help to speed up their
over documents necessary for the case, Michael E. Hanahoe & Company cases in the courts. They got no satis-
called notices, or documents, or dis- received £23,620 in fees for the factory answers.
covery. In the Stardust claims, there Tribunal of Inquiry. Liam T. Lysaght The Taoiseach said he had passed
have been delays in lodging statements received £12,740. At the time some on their letter to the Minister for
of claim, defences, and receiving docu- fees were still outstanding. Justice, Michael Noonan. The Minister
ments of discovery. Mr Lysaght took Dublin Corpora- for Justice did not think it appropriate
Solicitors acting for the plaintiffs tion and the State to court in July to meet the committee. Their solicitor,
are now at various stages in the plead- last to get possession of documents Liam Lysaght, said that the rules of
ings procedure, arrdjsorne cases have relating to the fire advisor in the sub judice precluded solicitors from
been set down for trial in the next Department of the Environment, Mr discussing their clients' actions in pub-
term. Some of the plaintiffs' cases John Connolly, and Dublin Corpora- lic when he was asked to attend their
have been delayed because of defen- tion. The judge in that case gave the meetings. The president of the High
ces not being filed, and the defendants, State and Dublin Corporation six Court, Justice Liam Hamilton, told Mr
principally the State and Dublin Cor- months to produce the documents Keegan that he would give favourable
poration, have been taken to court that Mr Lysaght required for his plain- consideration to any cases that came
by the plaintiffs wishing to acquire tiff s case. up in the High Court.
MAGILL SEPTEMBER 1985 13
Lord Mayor Michael O'Halloran administrator of the Lord Mayor's
mid a public meeting that at that fund for the victims and their families.
"cage, there were 129 statements of A trust was set up to deal with the
claim outstanding. A question to the money that came from the public,
Corporation in August returned the some £400,000, which went initially
information that the Corporation had to pay for headstones and funeral ex-.
entered defences in eighty-eight cases. penses for the families.
The Minister for Justice had already Tom O'Meara was one of the few
said that the State had entered seventy- people specifically assigned to help
nine defences. Notice of trial had been these people. Michael Woods as Minis-
received by the State in one case star- ter for Health, sent a person for a
red in February 1984. while to Coolock to deal directly with
At the same public meeting, Michael claims for unemployment and dis-
o 'Halloran said that the delays were ability benefit.
ue to the inefficiency of the legal Despite the fact that it was not
profession. By the following day, the specifically his brief, Tom 0 'Meara
Incorporated Law Society had treated became, in his own words, a priest,
nis remarks as a complaint. Mr Chris psychologist, social worker and general
~.Iahon of the Society told Magill that helper rolled into one. At the time he
they had contacted all the solicitors was twenty years old, with no training
involved in the cases. "There does not for this kind of work.
appear to be any unjustifiable delay in Nobody came to tell them where
:he cases," he said. "The first case will been filed, and he expects to be able to get help, he said, not even the
probably come up in the next term, to set them down for trial in the next priests from the area. "They had to
out how soon I do not know." term, to come up about twelve months look after themselves," he said. "There
Magill contacted some of the soli- later. The injuries of his two clients were deep traumatic experiences on a
citors involved with the plaintiffs' are not as serious as some others, and mass scale. The people need skin
es, to ascertain what stage they he is waiting for someone with more specialists, psychologists, doctors, spe-
ere at, and any reasons for delays. serious injuries to go through the cialists in burns. They had to do it all
Thomas Loomas has two High courts first. themselves. "
Court cases on his books, and one has Mr Liam Lysaght was out of the Forty-eight died. 214 suffered in-
ceen set down; he expects it to come country and therefore unavailable for juries, many very serious. Some 250
up next April or May. comment. His office confirmed that families were affected. The majority
Tony Hanahoe, who has fifty their first case is that of Jimmy Fitz- of them came from one area in Coolock
clients, said he has no statements of patrick, one of the most severely in- near the Stardust complex, and they
zlaim outstanding, and that alJ ofehis jured victims of the fire. His office were from families where unemploy-
cases are up to date. "Basically, there also confirmed that Mr Lysaght is ment was high and incomes low, and
zre a lot of people waiting for a few appealing to the High Court to get where services in the area were already
solicitors to make the running. Most documents of discovery from the State inadequate. Of the forty-eight who
of the cases will be up in November or and Dublin Corporation. died, nine were the sons or daughters
January. Once the first case is settled, Evanna Killeen, of Killeen & Co, of deserted or separated wives, and
.::lot of points will be ironed out. But has eight clients in the Stardust group, several of the dead were parents.
:l.<at case could be appealed to the including that of one of the most The deaths in the families caused
Supreme Court." seriously injured, Lar Stout. She was huge repercussions, from feelings of
~1r Hanahoe did not think that the not prepared to comment on the pro- guilt at the deaths of the children, to
rases had been overly delayed, but gress of her cases to Magill, but it is drink problems caused by the psycho-
~~itted that they could have been .understood that some of her state- logical traumas, to financial problems
-:.::rrer organised from the start. ments of claim for her cases are out- caused by the loss of the wage-earner
"If all the parties had joined toge- standing. in the family, to the inability to return
~er at the start and put forward a Mary Bradley has one client, a case to work because of the grief and dis-
~;':SI case, it could all have been over she took over from Liam Lysaght's tress of the deaths.
sooner." office. She is aware that the case is at In the four and a half years since
Dominic Dowling has one client in- the stage where it could be set down the tragedy, there are still some sur-
Tol.ed, and says that he is ready to set for trial, but she has not yet received vivors attending doctors. John Kee-
:::.1'\11 his case, but is waiting for the the file on the case from Mr Lysaght. gan's daughter, Antoinette, still attends
:':..-sr case to be decided. Like many four hospitals, has lost the use of one
solicitors with a small practice, he lung, and still suffers the effects of her
could not afford to run a case in the burns. Lar Stout, whose hands were
5.:gh Court that would be lengthy and badly burned, receives £72 a week dis-
plicated. hen the funerals of the forty- ability benefit, and cannot return to
He told Magill that responsibility
-o.-o!Jldhave been taken to run a single
W eight victims were over, the
newspaper reports concentrated their
work in his chosen profession as a
painter.
__tion from the beginning. "The Law attention on the Tribunal of Inquiry, At the time of the fire, medical
Society should have taken it upon its terms of reference, and the inade- cards were issued to the injured for
-;:~selves to get people to run a quacy of the fire regulations. their expenses. Since then, many of
;-'51e action. This holding back is In the community where the rela- those cards have been withdrawn, des-
serving no purpose, and it did not tives of the dead and the survivors pite a promise at the time that they
-=;:efit anybody at the end of the lived, the tragedy lived on. The victims would have those cards for a consi-
of the Stardust were neglected by the derable time. The survivors are still
- om Halligan of Kevin Gaffney & official bodies who should have taken appealing the decision to remove cards
ompany has two clients with claims care of their welfare, according to from some of the people still attending
;-=r.Cing. The statements of claim have Tom O'Meara, who was appointed the hospitals and doctors, and in a reply
.by the Department of Health to a
letter seeking the reinstatement of the
cards, it was said that the Minister was
satisfied that the arguments being
applied to the survivors of the Stardust
disaster concerning removal of their
medical cards "are fair and reasonable
and take fully into account the nature
and extent of their difficulties."
Since February 1981, families have
broken up, people have lost their jobs,
and even those not in the fire on the
night have had nervous breakdowns.'
All of this has gone on in the know-
c}edgethat nothing has been done either
to compensate them for their suffer-
ing, and more importantly that nothing
has been done to stop something like
this happening again. At least if trage-
Incorporated Law Society, the govern- to continue their campaign to get their
dies like this did not happen again, it
ing body of the solicitors, could have cases over, and to get compensation.
would have meant that the deaths
called all the solicitors involved toge- At a fund-raising dance last week,
were not in vain, said one relative.
ther to ensure that a single test case John Keegan thanked the many people
was chosen, and put through the courts who had come to support them, and
in as quick a time as possible. This test who were helping them "fight the
he paralysis in the progress of case could then have been the basis for politicians. "
T their claims through the legal
system has made the Stardust victims
the settlement of the other claims.
There are six defendants in these
The lack of action by the politi-
cians now contrasts sharply with their
cynical. They doubt that anything claims, and each is strenuously making concern and attention in the days after
will be done, and feel they will never defences to the claims being issued by the fire. The Taoiseach paid tribute
get their compensation. This view has the victims. It is normal procedure for to the fire services, and to those who
been reinforced by the actions and both Dublin Corporation and the State had tried to save others. Minister for
decisions of the courts since the fire. to make strong defences to claims, es- the Environment Ray Burke pledged
Firstly, there was the decision by pecially when it involves a large amount speedy action on the Stardust findings.
the Director of Public Prosecutions of money, as these cases will. Mrs Catherine McGuinness in the
several days after the publication of Senate said "We must not let this be
the Tribunal report, that there were a nine-day tragedy until some other
insufficient grounds to bring criminal tragedy comes along and puts it out of
proceedings against the owners or our minds."
.others for a case alleging negligence Suggestions made by Charles Haug-
resulting in manslaughter. hey in the Dail on June 6th last have
Secondly, there was the renewal, not been taken up by Minister for Jus-
at the end of 1981, of the bar licence tice Michael Noonan. The Minister was
for the Lantern Rooms, a section of asked to accept in principle that he
the Stardust complex, by the Circuit Liam Lysaght's office has confirmed should intervene in the problem.
Court to the owners of the complex, that some of his cases are being de- Haughey asked the Minister to consider
the Butterlys. The renewal was granted layed because of appeals over docu- the proposal to bring the compensa-
despite repeated objections from the ments of discovery, with Dublin Cor- tion claims to the criminal injuries
relatives. A High Court injunction was poration and the State. This means tribunal, in which the State was put-
granted against the picketers at the that documents necessary for Mr ting aside £4 million, and through a
Lantern Rooms when they opened. Lysaght's case to prove negligence on law officer provided by the State, to
In late July 1983, the owners of the part of the State and Dublin Cor- get the families compensation as
the Stardust settled their Claim for poration are not being given to him, quickly as possible.
compensation for malicious injuries and he has had to appeal to the High Mr Haughey also proposed that a
·when Judge O'Hanrahan in Dublin Court to get them. The documents in special court or special sitting of the
District Court decided that the fire question concern communication be- High Court be set aside for these cases,
was started maliciously. The Butterlys. tween the fire advisor in the Depart- on a once-off basis.
and Dublin Corporation settled on a' ment of the Environment, John Con- Michael Noonan's reply was that he
figure for compensation of £581,496, nolly, and Dublin Corporation. Mr would have the questions raised,
after the judge had decided on a rein- Lysaght's appeal came up in late July, "examined as a matter of urgency,"
statement figure of £600,000 three and the judge ordered the State and and said, "but I should make it clear
weeks earlier. The judge commented. Dublin Corporation to surrender those that this does not imply any commit-
that all those involved in the negotia- documents in six months. ment on my part.
tions had shown common sense in Should the State and Dublin Cor- "We all share the Deputy's concern
avoiding a protracted legal battle in poration be found liable, there is no and we should bend our will and our
the court to decide damages. certainty that compensation will be minds to seeking to solve this problem
The speed of this settlement was to awarded automatically. Dublin Cor- because, as the Deputy pointed out, if
contrast sharply with the seemingly poration can cite Section 5 of the Fire all other systems fail this House is the
never-ending delay over the compensa- Brigades Act 1940 in which Section 2 last resort and the Government must
tion claims of the victims of the fire. exonerates their necessity to accept be the instrument of this House in
The delay over the compensation liability. providin g justice. " •
claims could have been avoided. The The Stardust victims committee are
1. It's Later Than You Think report on the bitterness of the survivors and the relatives
of the victims of the fire, on the pain heaped on their pain
There was free drink and, if you were lucky, a free copy of as they watched the legal system string out their tragedy
Christy Moore's new album. The hacks and the heads came and frisk it for every loose penny, while their own wounds
to O'Donoghue's pub in their droves for the reception to still gaped. Moore's song was a response to the programme,
launch the album, 'Ordinary Man'. It was Monday July 29. a mixture of compassion and anger, sensitively done in the
Christy was late, as usual. He is said to be uneasy at such folksong tradition.
events. At the reception to launch the 'Ride On' album last Over the next two weeks Moore's song would become
year he didn't turn up at all. one element in a remarkable juxtaposition of events which
The mike, the amp and the speakers were set up and would illustrate the extent to which information is restric-
Christy didn't make a speech, he sang a makey-up ditty ted and freedom of speech circumscribed in a society which
he had composed for the occasion. has never quite come to terms with social democracy.
There were good songs on the album, but the most They were about to have their troubles across the water,
deeply-felt was 'They Never Came Home'. The Stardust too. The next day the BBC Board of Governors would ban
song. Today Tonight had weeks earlier screened a moving the Real Lives programme featuring Martin McGuinness.
18 MAGILL SEITEMBER 1985
That would in tum affect the progress of events here. The cover story was on financial problems at the Agricul-
But tonight was innocent of such thoughts. Christy's tural Credit Corporation. ACC had got wind of the story
ditty welcomed everyone to the record launch and urged and on Wednesday and Thursday had been making inquiries
them to get ahold of their free drink, because "it's later about it. Early Thursday evening Irish Business got some
than you think." copies off the press and sent them around to press, TV and
radio newsrooms. They also sent some copies to ACC, as a
matter of courtesy.
2. The ACC Muzzle The editor of Irish Business, Frank Fitzgibbon, was out
at RTE that evening on other matters. The RTE newsroom
That same day the final pages of the monthly magazine had been seeking comment on the story from ACC. The
Irish Business were sent to the printers. The processing RTE reporters told Fitzgibbon that ACC were looking for a
was completed and the presses rolled on Tuesday. The judge to stop distribution of the magazine. He went home.
magazine should have gone for distribution on Wednesday, There he got calls from R TE and the Irish Times telling
but a printing machine broke down and things were delayed him that the case was being heard at Judge Rory O'Hanlon's
for twenty-four hours. house at 9pm. Fitzgibbon rang the judge to fmd out what
MAGILL SEPTEMBER 1985 19
was happening. Judge O'Hanlon didn't yet know what the disseminating or distributing any matter which is injurious
case was about, but he agreed to hold it back for thirty to the plaintiff's reputation and in particular, the matter
minutes to allow Fitzgibbon attend. However, he said, contained in the article in Irish Business.
since it was an ex-parte injunction Fitzgibbon could only This was the law of the land for the next two days.
watch and could not speak. Fitzgibbon's article in particular had been banned, but also
Fitzgibbon got hold of a brace oflawyers and arrived at any matter which was injurious to ACC and its executives.
O'Hanlon's house at 9.30pm, to sit and watch as the ACC Whether or not it was true.
lawyers told the judge the article was defamatory and libe- Regardless of whether the judicial concocters of this ..
lous and shouldn't be distributed. Neither Fitzgibbon nor order had so intended, this meant that nothing could be
his lawyers could say a word. published which might injure ACe. No fmancial reporter
Fitzgibbon and his lawyers continued to watch for the could suggest that ACC was not as good an investment as
next hour or so as the judge decided to ban the issue con- any other bank or financial house. Should, for instance, Joe
taining the article on ACC. Rea of the IF A launch one of his typical blusters towards
The judge then decided that no member of the public ACC it could not be reported.
should know that the magazine had been banned. Not only In theory, five minutes after the order was made the
could Irish Business not publish its story about ACC, but ACC executives could have murdered Judge O'Hanlon and
they could not tell anyone that the magazine had been this could not have been reported. They could have rifled
banned or anything else about this gathering in Judge Rory the vaults of ACC, sent signed confessions to the media and
O'Hanlon's house. The judge's order extended to anyone taken the next plane to Spain, and the media could not
else who knew that the judge was holding legal proceedings have said a word.
at his house. In retrospect, this may seem absurd. But this was the
ACC had moved swiftly. Four hours after copies of Irish order that was made. And editors were threatened with
Business were handed to their night watchman they had put imprisonment and seizure of their papers' assets should the
the magazine on ice. They then began the business of put- order be infringed. Notwithstanding Lou Grant, editors do
not and cannot take such threats lightly.
The other thing of significance that happened that day
was that 120 members of Noraid, the IRA support group in
America, arrived in Ireland, among them their publicity
director, Martin Galvin.

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-

MAGILL SEPTEMBER 1985 21


day. ACC, flailing around in an effort to prevent public the BBC's decision to bow to government pressure and ban
knowledge of how it is conducting its business, had managed the Real Lives documentary on the North.
to censor itself. The protests, which had been gathering over the past
week, culminating in the twenty-four hour strike, had been
met with an uneasy silence from Irish broadcastingjourna-
4. Confidentiality lists.
That morning the Irish Times published a piece by Mary
On Wednesday August 7, ACC held a press conference. Holland which gently chided this silence. It was met with
They produced selected figures and facts and gave their great annoyance out at RTE. The piece was restrained. "It
version of the state of their organisation. It might have been makes the silence of RTE's journalists all the more distur-
the truth. However, for the previous six days they had gone bing, their failure to find any way of demonstrating their
to extraordinary lengths to restrict informed public discus- support for colleagues in the same union who are now facing
sion of their problems. Irish Business had agreed on Tues- the kind of government censorship which has existed in this
day to withdraw their first article on ACC and proposed to country for nearly a decade." The piece also pointed out
publish a new one. that "The quality and consistency of the coverage given to
If ACC decided to take steps to "muzzle" (the phrase is the complex problem of the North on Belfast news and
Michael Culligan's) the first article because they believed it current affairs programmes of the BBC and UTV, which can
to be libelous and inaccurate they made no such claim be seen down here, are far superior to anything on RTE."
when they successfully applied to Judge Lardner in the Martin Galvin had been in Ireland for a week. There was
High Court on Wednesday to muzzle the second article". speculation about whether he would again defy the British
Now they were arguing that the articles were based on government and cross the border, as he did last year. Galvin
"confidential" internal documents, and that the court was a potential story.
should prevent their use by the media. That Wednesday preparations were going on for two
Judge Lardner granted ACC's request. (He had the pre- weekend radio programmes, the Pat Kenny Saturday Show
vious day brought the secrecy surrounding the case to an and This Week. Sometime during the morning Mike Bums,
Head of Radio 1 News, asked the This Week reporters what
items they were lining up. "Are you looking for Galvin,
lads?" he asked. The Assistant Head of News Features,
David Davin-Power, said that they had no plans for it, but
if Galvin became newsworthy towards the end of the week
they would have another look at it.
Elsewhere in RTE that day Ed Mulhall and Betty Purcell,
producers on the Pat Kenny show, were deciding that they
would try to get Galvin for Saturday. In RTE there are
people you can interview and people you can't. There is
also what is known as a "grey area". Anything in the grey
area has to be "referenced upward". Mulhall and Purcell
asked Donal Flanagan, Assistant Controller of Radio 1, to
get clearance to interview Galvin. Word was sent to the
end by refusing ACC's application to continue proceedings Acting Director General of RTE, Vincent Finn.
in camera.) He said that the documents could have been ob- And the Broadcasting Branch of RTE sent a message of
tained in one of only two ways: by theft, or by a breach of applause and support to their British colleagues for their
confidence by someone who had access to the documents. stand against government censorship. The previous day
This was, of course, not so. Such documents could have RTE's Head of News, Wesley Boyd, had given the Irish
been left behind in a pub. They could have been found on Times his response to events in Britain: "The vast majority
a bus. of RTE journalists would be opposed to political censor-
In the event, ACC held a press conference "to allay ship, particularly when applied to anyone who had received
public disquiet about the state of finances of ACC." If they a mandate from the electorate, either north or south of the
were being frank at the press conference they were reveal- border."
ing information which they had used the court to suppress.
If they were not being frank they were using the court to
suppress information so that they could mislead the public.
ACC went further. They asked that the court direct that 6. Section 31
Frank Fitzgibbon reveal his source for the documents. Judge
Lardner reserved his decision on that until October. If he For the past decade the vast majority of RTE journalists
grants ACC's wishes Frank Fitzgibbon may yet get to do an have resisted opposing political censorship. In the early
inside story on Mountjoy, as he has already said that - in days of the Northern conflict there were scuffles as RTE
line with journalistic ethics - he cannot reveal his sources. journalists sought to report that story as they would any
other. The RTE Authority was dismissed by Fianna Fail's
Gerry Collins in 1972 as the government fought to shape
the reporting of events. Reporter Kevin O'Kelly was jailed,
..5. "Are You Looking For Galvin, Lads?" reporter Kevin Myers resigned .
As time went by the crudities eased, the censorship
The other big story that Wednesday August 7 was the strike became more refined. Producers who didn't play the game
by British broadcasting journalists against government cen- and tried to test the frontiers were quietly shifted out of
sorship. First BBC and then ITN journalists reacted against curren t affairs.
The bedrock of RTE censorship is Section 31 of the of reality by TV and radio news, from which most people
Broadcascmg Act': Tms, aher a /0/ 0/ ear.uer /uzzz.I7ess, WaS gel .0e.// m/O/.WaOOE .71701/1 .0e NoM. The ban OEjE/e/-
made shipshape by Conor Cruise O'Brien in October 1976 views with members of Sinn Fein is a minor part of the
and became a statutory order in January 1977. It has been censorship. The prime right infringed is the right of the
renewed each year by successive governments, banning a public to free and truthful reporting.
number of organisations, republican and loyalist, from the Reporting abhors a vacuum. The dominant view in the
airwaves. South for the past decade has been that the "extremes" of
The amendment to the Broadcasting Act allowed the loyalism and republicanism are small and unrepresentative
government to ban "any matter of a particular class (which) bodies of violent criminals who must be isolated by the
would be likely to promote, or incite to, crime or would moderate majority in the centre finding a way to "recon-
tend to undermine the authority of the state." This would cile the two traditions". As the years passed and the "small
probably be acceptable to most people. No one wants extremes" dominated events and one "moderate" solution
adverts for crime. Implicit in it, however, is a specific poli- after another bit the dust the reporting did not reflect the
tical view of the conflict in the North. Internationally that reality of events, it continued to propagate the government
conflict is recognised as a clash of political forces, all of view.
whom are armed and using violence, prolonged over fifteen Thus, Ian Paisley is still portrayed as an extremist, out-
years, supported in practical terms and at the ballot box by side the "centre" of loyalism, which is portrayed as revol-
tens of thousands of people. ving around people like Jim Molyneux and Ken Maginnis --
The official view, which is what RTE is by law obliged although Paisley is by far the most popular and representa-
to support, is that the conflict represents an outbreak of tive loyalist politician and his politics are clearly at the very
crime by small and unrepresentative bodies of republicanism centre of loyalism, though that centre is far to the right of
and loyalism. the presumed centre which the reporting propagates.
The opposition to Section 31 usually comes in two During the 1981 hunger strikes RTE again and again re-
forms. The Provisionals complain that their civil rights are turned to Gerry Fitt for an explanation of nationalist feel-
being infringed by the broadcasting ban against them. What- ing. Fitt honestly and sincerely gave his views, which were
ever the validity of this argument, few are concerned with not representative of majority nationalist feeling, though
the civil rights of Provos. The other opposition comes from they were portrayed as if they were. Joe MUlholland, editor
RTE journalists, who complain that they are unable to ful- of Today Tonight, later admitted that they "got it wrong"
fill their professional duties by reporting the conflict impar- on the hunger strikes. However, given Section 31 and the
tially. Whatever the validity of this argument, the journa- tradition of advocacy journalism which has built up around
lists have worked within the restrictions for a decade. it there was no other way they could "get it".
The major effect of Section 31 has been the distortion The advocacy of the government line, giving false weight
'Patrick Kinsella: insisting that RTE journalists are concerned about
censorship.

to a mythical "centre" of "moderates" instead of reporting


the reality of eventsrhas led to sometimes bizarre forms of 7. The Meeting
censorship. In May 1976 a Here and Now interview with
Thursday morning, August 8, the day after permission had'
an expert from the London Institute of Strategic Studies
been sought to interview Martin Galvin on Pat Kenny's
had the line " ... after all, guerilla movements always win
show, a high-level meeting took place at RTE. It involved
in the end," cut out. The reference was to Zimbabwe. The
Vincent Finn, Acting Director General, Michael Carroll,
cut was made on the grounds that "we have to be very care-
Director of Radio 1, Donal Flanagan, Assistant Controller
ful, you know." In October 1976 a Feach plan to cover the
of Radio 1, and Gerry McLoughlin, from RTE's legal
Provo Ard Fheis was okayed as long as, a) no one was inter-
department.
viewed, b) no sound was recorded during speeches, c) the
All of these very busy people had to discuss whether or
report did not exceed four and a half minutes. Several
not Pat Kenny could have an item on his show. Martin Gal-
hours before transmission the report was ordered to be
vin is not known to have broken any law in the Republic,
dropped.
neither is he known to be a member of any organisation
Perhaps the classic Section 31 joke was in April 1977
currently prescribed.
when sixty people were injured in a clash between demon-
The meeting gave permission for the interview to go
strators and gardai outside Portlaoise prison during a hunger
ahead.
strike. The RTE crew had been ordered to use silent film.
Before you can interview someone you have to find
The results were described as akin to a Keystone Cops
them. The route to Galvin lay, of course, through the Provos.
movie and the film was dropped. Film of the incident was
The search for Galvin was on.
obtained from BBC and ITN. RTE executives urged that
caution should be used with this film not to depict the
violence as garda brutality.
The fearfulness persists today. Reporters are required 8. Stardust Memories
when interviewing people about the drugs problem to en-
sure that they are not members of Sinn Fein. If the Special The next day, Friday August 9, Mr Justice Frank Murphy
Criminal Court and its procedures are reported on the jour- decided in a special High Court sitting that Christy Moore's
nalists cannot in terview those most affected - those who Stardust song was in contempt of court. The judge declared'
have been before it. In covering recent reports of a split in the song to be "a real and serious threat" to a fair trial,
the Provos RTE sought expert comment from J. Bowyer referring to the actions which the Stardust survivors and
Bell - in America. Bowyer Bell wrote a book on the IRA the victims' relatives are bringing and have been bringing for
in 1970 and marginally updated it five years ago. four years.
The lines of the song which were found to be most in against Section 31. The motion would be taken later in the
contempt were those which expressed a fixed conclusion day.
that the injuries were caused by one particular factor, re- During the lunch break Patrick Kinsella, Chairperson of
lating to the condition of the exits. RTE's Broadcasting Branch and a delegate to the NUJ
.Industrial Council, put together an amendment to the
Judge Murphy decided that the particular statement motion, calling for a deletion of any attempt at opposing
made in the song was similar to a statement made in the Section 31 by industrial action. The amendment called in-
Report of the Tribunal of Inquiry but "it went further." stead for a campaign of letters to TDs, asking them to vote
Does it? The Tribunal Report, at paragraph 8.31, said against renewing the Section 31 order. When the motion
that Eamonn Butterly's practice of keeping the emergency was debated later that afternoon the amendment was de-
exits secured with chains and padlocks until midnight on feated and the original motion was passed.
disco nights was "a recklessly dangerous practice which Back at RTE things were moving fast. That morning
regularly endangered the lives of over one thousand people ;" Martin Galvin had attended the Derry funeral of Charles
Paragraph 9 .39 lists four principal reasons why "a prompt English, an IRA member who had been killed in a prema-
and efficient evacuation of the building did not take place." ture explosion. He carried the coffin along with Martin
One of these was the rapid spread of the fire. The other McGuinness of Sinn Fein, whose interview had the previous
three were: 1) a third of the patrons attempted to leave by week been banned from the BBC.
the main entrance, which was not suitable and did riot corn- The lunchtime news carried reports on Galvin and the
ply with the Draft Building Regulations, 2) the absence of British TV news showed him shouldering the coffin. A
evacuation procedures and fire drill for the the staff, 3) the tremor went through RTE.
locked and obstructed condition of other exits: Some time after that the moves began to ban Galvin
Paragraph 9.47 says: "Had the appropriate precautions from Pat Kenny's show. It is believed within the station
been in existence to ensure efficient evacuation on the that the Director General, Vincent Finn, discussed the
night of the fire, the injuries sustained would have been un- interview with Michael O'Carroll, Director of Radio 1, and
questionably less and the death toll would almost certainly that O'Carroll discussed it with Donal Flanagan, Assistant
have been reduced," (our italics). Controller. It is Flanagan, however, who has squarely taken
Four and a half years after all this happened Christy responsibility for the ban, insisting that it was his decision.
Moore wrote a song poin ting out that four and a half years The ban was imposed, he told Magill, because of the "chan-
had gone by without compensation for the victims. Because ged context of events", the fact that Galvin had attended
the defendants are denying liability the song was banned, the funeral. Flanagan also pointed out that a year earlier
the record was taken from circulation. Pat Kenny had interviewed Galvin and there had been com
ment on this by "people near the government", as indeed
there was.
At around 4pmEd Mulhall, producer of the show, was
called in to talk to Donal Flanagan. The discussion lasted
two hours as Mulhall sought to argue Flanagan out of the
ban. Eventually, Betty Purcell, the other producer involved
9. ABusy Day in the Galvin interview, was also called in and Mulhall and
Purcell were given an order that the interview would not
A lot was happening that Friday. At llam there began a go out. At that stage they had not found Galvin and were
meeting of the Republic of Ireland Industrial Council of
simply told to stop looking for him.
the National Union of Journalists. This is not a policy-
making body, it supervises the conduct of industrial rela- Sometime that day the. Department of Foreign Affairs
tions. leaked to RTE the fact that Peter Barry was about to make
Kevin Moore, Father of the Chapel (shop steward) at a speech touching on the Anglo-Irish talks and attacking
the Independent Group, who would be regarded by his Galvin. Whether this had any part to play in the ban on
colleagues as being on the conservative end of the political Galvin is questionable, but RTE dutifully sent the cameras
spectrum, put down a motion calling for an NUJ campaign t~ the dinner for a US Congressional delegation at which
facarrm:firCs.rtielr cotleagues in the BBe and ITN had been.
no.....--..::v...,..,c>~1~ ~:a~~ ~.:o~:~# vvouId have been made after
widely praised for a stand on principle against censorship.
the di;;';:r~~;~~ bro~ght forward and the puzzled Americans
And at just this point RTE management had publicly ex-
had Peter Barry as a starter.
tended Section 31 beyond the statutory order. Everybody
Meanwhile, the This Week team had been having second
was a bit jittery.
thoughts .. Galvin had again defied the British authorities
At about 12.45pm, just before the Kenny show ended,
and appeared in the North. He was now the subject of a
David Davin-Power rang Wesley Boyd at home, "referen-
personal attack by one of the most senior members of the
cing upward" the request for a This Week interview with
government. He had become newsworthy.
Martin Galvin. Boyd turned down the request.
That night the RTE News led with what was obviously
Boyd would get three phone calls on the issue that
the most significant point in Peter Barry's speech - the
afternoon, from Davin-Power, Patrick Kinsella and Fergus
reprimand to the British government for leaks on the Anglo-
Irish talks and the insistence that the Irish government was
o Rahallaigh, Father of the Newsroom Chapel. The content
of all three would be similar. Boyd said that Galvin had al-
prepared to veto the results if they were not acceptable. ready got enough publicity, that he was not newsworthy.
The British TV news ignored this point (although they had He also referred to the banning of Galvin from the Kenny
carried the British leaks) and used the part of the speech
show.
they found most appealing, the demand that Martin Galvin There is a difference of emphasis in the recounting of
"go home". these conversations by the various participants. Boyd in-
sists that he made it clear that his refusal to sanction a
Galvin interview was purely an editorial decision, on the
grounds that it would "bore the pants off listeners". Davin-
10. Boring
Power agrees that the reference to the Kenny show ban was
Some RTE staff believe that management leaked the news "by-the-way". However, it was there.
of the Galvin ban from the Kenny show to the Irish Inde- Davin-Power reported the thumbs-down to Cathal
pendent, which was the only paper to carry it on Saturday McChoille and Fergal Keane. The two reporters discussed
. \
the matter and came to the conclusion that they too were
morrung.
That morning, around 10 or l l pm, two of the This being told to acquiesce in the self-censorship surrounding
Week team, Cathal McChoille and Fergal Keane, told David Section 31. They went to Barbara Fitzgerald, the Broad-
Davin-Power that they thought that Galvin had become casting Branch Secretary and said they wanted to disasso-
newsworthy and was now worth an interview. (As if to ciate themselves from the This Week programme being pre-
confirm their view, the RTE news had that morning switched pared, as it was being censored. They wanted NUl backing.
their emphasis on the Barry speech from the Anglo-Irish Fitzgerald rang Fergus 0 Rahallaigh at home. He said that
comments to the attack on Galvin, following the ITN and they would get that backing, in line with NUl policy.
BBC lead.) The two reporters, however, had no wish to be isolated.
Davin-Power is Assistant Head of News Features and was They insisted that there be immediate visible support for
the editor of that Sunday's programme. As this was a "grey their stand. A hastily-convened meeting of the newsroom
area" he was obliged to "reference upward". chapel committee was held at 4pm, with the This Week
Meanwhile, at llam, the Pat Kenny show went ahead reporters (who are members of another chapel) in atten-
without Galvin. Mary Holland was one of the guests, dis- dance, for information purposes. Patrick Kinsella was dele-
cussing the BBC strike. She again touched a sore point by gated to ring Wesley Boyd to check the position.
noting that RTE journalists had been slow in expressing Boyd recalls emphasising that this was purely an edito-
support for their colleagues. She raised the issue of Section rial decision. Kinsella recalls Boyd insisting that there was
31 and the fact that Martin Galvin had been banned from no point "referencing upward" any. further as the Kenny
this very programme as an example of the acquiesence of request had been shot down and so too would this. There is
RTE journalists in government censorship. nothing sinister in the different emphasis the various par-
Two listeners were particularly upset by this. Wesley ties give to what they said that day. It is clear that both the
Boyd, Director of RTE News, was at home. He does not editorial basis for the decision and the Kenny show ban
cake the Irish Independent at home and this was the first were mentioned. Everyone was feeling sensitive. Boyd was
:ie heard of the Galvin ban. He felt that Mary Holland was probably genuinely against having Galvin on the programme
"taunting" RTE journalists. Patrick Kinsella, Chairperson anyway, and would have been even if the Kenny ban had
: the Broadcasting Branch, was also upset. So upset that not occurred. He was also aware of the Kenny ban and
~ drove to the studio and demanded the right to reply for aware that a request for another interview would not be
TE journalists. welcomed upstairs. The reporters were sensitive to any
There was something of a scene in the studio, with Kin- further public humiliation which would result from a
sella insisting on his right to reply, Mary Holland arguing second ban in the week when they had congratulated their
zaat Kinsella should indeed be questioned about the issue, British colleagues for a stand against censorship.
the producers insistent that Kinsella could not have There were two votes for a mandatory meeting (essen-
~ access to the studio simply because of his position in tially a strike) from 7pm that evening until midnight on
TE. A compromise was reached. Kinsella went to another Sunday. The first was 13-5 in favour, the second, at 7pm,
of the building and rang the studio, as though ringing was about 20 in favour, none against, one abstention.
any other listener was entitled to do. He argued that
.~ journalists were indeed concerned at Section 31 cen- 11. Two Weeks In The Life Of The Media
czship. He did not mention the Galvin ban.
The significance of this is that before lunchtime that There were silly claims that the strike was itself a form of
day there was quite an amount of upset among RTE censorship. Wesley Boyd claimed that the strike resulted
from political manipulation, which it clearly did not. outsider seems merely for the record. And since some share
The prime element in this brief kick-back against RTE the political viewpoint of the government there is a large
censorship was the jitters from which everyone was suffer- measure of cooperation with the censorship. Last month's
ing that weekend. One of the journalists involved admits, strike resulted from an unusual set of circumstances.
"It never would have happened if we weren't shamed into .the free flow of information is a necessary element in
it by the BBC." a society that purports to be social democratic. Demo-
What opposition exists to the RTE censorship exists cracy is a decision-making process and decisions cannot be
among news and current affairs journalists. Journalists made freely without information and debate. Elections are
largely unaffected by the censorship, in sports, the RTE but one element in that process, and without information
Guide and other areas of the station, are members of the and debate they are parodies of democracy, popularity con-
Broadcasting Branch and therefore have a say in whether tests corrupted by the sophisticated misinformation ma-
any resistance should be mounted. To risk taking a stand chines employed by the political parties and other vested
on the principle of honest reporting is to risk being bran- interests.
ded a subversive and shifted quietly to some backwater of Those two weeks in August demonstrated vividly the ex-
the station. The opposition is sporadic, verbal and to the tent to which the laws and structures which govern the
from Mount Allan in East Clare and the Land Commission's Alexis retained cynical memories of the Christian Bro-
subsequent demolition of Mount Allan caused resentment thers' attitude towards religion based on their habit of in-
in the family. vigilating the Bishop's examination in a manner so relaxed
Alexis was the fourth of five brothers. All his elder that it effectively allowed, if it did not actually encourage,
brothers followed in their father's footsteps and took up "cogging" and cheating - a practice, incidentally, which
medicine as a career. The eldest, Oliver, became Professor the present writer can testify was still flourishing in 1960 in
of Therapeutics in UCD and is one ofIreland's most eminent that other Christian Brothers' bastion of gentility at Monks-
physicians. The next brother, Paddy, who died in 1976, town Park. But he retained warmer memories of the Jesuits
achieved equal eminence as Professor of Surgery in UCD. whose attitudes towards religion he described as "very open
The third brother, Gerald, whom many regarded as the and understanding."
most able and brilliant of an exceptionally able family,
specialised as a psychiatrist and neurologist but died of
cancer at the early age of thirty-one. He had only one sister
Peggy, and a younger brother, Kyran, who became a Jesuit. University College Dublin

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 . ticeship with Henry D. Keane, a prominent


. solicitor and well-known character in his native
city of Waterford. He qualified in 1941, the
same year his family moved to Dublin. Family ties were
strong and Alexis was still living in the new family home, .
After some years, however, he decided that opportuni-
ties for advancement within the office were limited and he
feared it might ultimately prove something of a dead end
when he learned that Eamonn de Valera had asked Paddy
Ruttledge about the possibility of finding a place for his
son, Terry. people all told.
So it was that, notwithstanding the fact that he had just Although Alexis FitzGerald never sought dominance
married Grace Costello (the daughter of John A. Costello, within the partnership his ability and the sheer strength of
Senior Counsel, Dail Deputy and Attorney General in the his personality ensured that he became, first, the nucleus
Cumann na nGaedheal governments of 1926-32) and could and, later, the pater familias or father-confessor of the firm.
ill afford to surrender the security of such a relatively good He was not, as we have seen, much interested in the law for
salary, Alexis FitzGerald decided to strike out on his own its own sake. But the fact that he was easily bored helps
in partnership with another young solicitor, Terence de explain his gravitation towards the wider world of finance
Vere White with the encouragement of his academic mentor and international business which in turn placed him at the
and regular dining-room companion, George O'Brien. centre of the web of the partnership's diversifying interests.
White and FitzGerald began business over a flower shop He also took a particular interest in recruitment and for
in Nassau Street. At first neither partner had much time to many years did most of the interviewing. He set store on
devote to their intellectual interests as their energies were background - "If he knew your father you were appren-
absorbed by the hard grind of building up their new firm. ticed," drily remarked one of the innumerable young re-
They were joined in the same year, 1947, by Jack McCann .••..
cruits he took on - but ability was the criterion which
of McCann and Murphy, a much older man who had quali- determined whether you would remain. Innate intelligence
fied in the early twenties; and the firm of McCann, White was what weighed most heavily with him. He sought first
and FitzGerald had offices at 72 St Stephen's Green, beside class minds like his own but cared little whether potential
Rosse's Commercial College. entrants had done law or economics or history.
Alexis FitzGerald placed the beginning of the firm's As the firm grew larger he liked to have around him the
growh at about 1950 and one major breakthrough was a people he had picked himself. Camaraderie and, in parti-
result of his acquaintance with Robert Taft, the United cular, the contentment and well-being of those with whom
States Ambassador in Dublin from 1953 to 1957. This he worked closest was also important. He took infinite
enabled him to make important American contacts which, pains before his annual speech to the Christmas party to
coupled with his own specialisation in company taxation include at least one remark specially applicable to each
and company law, put the firm in an ideal position to take person present, from the most senior of partners to the
advantage of the growing interest of many American com- most junior of clerical staff.
panies in Ireland. He had the ability to inspire the youngest and most cal-
McCann, White and FitzGerald similarly benefitted from low of colleagues and the loyalty to the firm among those
the dramatic expansion of the Irish economy after 1958, who worked there was largely his doing. Even today the
particularly during the Lemass years. Increased foreign reputation of the partnership rests less upon the entrepre-
investment, the dismantling of protectionist barriers and neurial skills of individuals than upon team work and the
the movement towards free trade, the spectacular increase partners' capacity to complement each other's talents.
in the number of banks with offices in Dublin and the His style in consultations was cool and questioning.
Europeanisation of the Irish economy culminating in Irish "Would that be wise?" he would frequently ask and "un-
entry into the EEC, all created the climate for expansion. wise" was a favourite term of disapprobation. In any dis-
Foreign and international clients made an increasing contri- cussion, whether professional or political, he favoured the
bution to the firm's growing volume of business. socratic technique of seeking to illuminate by way of ques-
tions rather than through direct argument and clients were
invariably impressed by the quality of detachment which he
brought to bear upon even the most heated discussions. He

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'

M membership of the Fine Gael Parliamentary


Party and his intimacy with such powerful
figures as Tom O'Higgins and Garret FitzGerald
gave Alexis FitzGerald considerable prestige which he en-
hanced by his contributions to party meetings and in the
speech on the Censorship of Films Amendment Bill of 1970
was a disquisition on the relationship between art and
morality which ranged from Plato and Aristotle to Epicurus
and Cicero, to St Paul, St Augustine and St Thomas to
Bossuet, Rousseau and Voltaire, to Shakespeare and Yeats,
Senate. For the first time he had an influential position in to Goethe and Freud, to Dewey and Alfred North White-
the party in his own right as distinct from the reputation head, to Lord Acton (always a particular favourite), Oscar
he had long enjoyed as an eminence grise. Wilde and Jacques Maritain.
Tension between the liberal and conservative wings of But he more commonly addressed the larger questions
the party increased and the dining-room in Alexis Fitz- of political philosophy such as the nature of liberty and
Gerald's home in Nutley Road was frequently the venue for social justice, the morality of politics and the institutions
councils of war which included Tom O'Higgins, Declan Cos- of the state. He led the attack in the Senate, for example,
tello, Garret FitzGerald, Jim Doege and Michael Sweetman on the Fianna Fail government motion establishing a trio
in the late sixties and early seventies. This group were bunal of enquiry into RTE's 7 Days programme on un-
among those labelled the "mongrel foxes" by the beleagured licensed money-lending when he questioned "the validity,
Liam Cosgrave when he lashed out in self-defence at the the propriety, the wisdom or even the constitutionality"
Ard Fheis of May 1972. Criticism within Fine Gael came to of the proposal and when he attacked the government's
a head during the Dail debate in December 1972 on the "fear of criticism" as "a source of fatal mischief."
Offences Against The State (Amendment) Bill about which Another early speech attacked "the social injustice of
Cosgrave had vaccillated and only the dramatic explosion of inflation" and urged "the necessity for economic manage-
two bombs in central Dublin which cost two lives caused ment" and "a commitment to a policy of social justice of
the party to come into line behind his leadership at the last a peculiarly definite kind." He shared that strong streak of
moment. Within months, however, the healing balm of anti-materialism characteristic of the Irish Catholic pro-
office bound up the wounds in the party when, in March fessional class which he sometimes expressed in the folksiest
1973, Fine Gael returned to government under Cosgrave of language - one old friend observed that, not withstand-
as Taoiseach and with Garret FitzGerald as Minister for ing his long years of residence in the heartland of Dublin 4,
Foreign Affairs. there always remained about him something of the shrewd
Alexis FitzGerald played two distinct roles during the countryman.
years 1969-73, first as the intimate adviser of Garret Fitz-
Gerald who made few, if any, major speeches during this "Looking back to the earlier years of my life I think
period about which he did not consult him in advance; and, that society here was happier when we were not over-
second, his role in the Senate. all as well off The moment we all got mad was when.
"It has been the greatest honour that has been done to we were standing in the bus queues and ministers
me to have been elected to a house of the Irish parliament," passed in their state cars and shortly afterwards there
44 MAGILL SEPTEMBER 1985
were a few people who had been watching carefully threat posed to the institutions of the state.
the different ways of putting money into their poc- "I object less to the conduct of the IRA," he had writ-
kets without paying the proper taxes on it and they ten in 1958, "than Ido to the moral cowardice of those
began to spend it. " who fail openly to condemn it." He now put that dictum
into practice in the Senate. "If we who are in public life do
Although Alexis FitzGerald was no enemy of the proper- not express ourselves with absolute truthfulness and with
tied class and, indeed, he once felt it necessary in 1975 to absolute fidelity to the state," he warned in 1971, "then
remind the coalition government that it was important in the state is in a situation of danger greater than it has been
framing economic policy that "the timidity of capitalism since it was founded." He welcomed all measures designed
be recognised because whether we like it or not we are part to strengthen the security forces and repeatedly put on
of the capitalist system," he also shared the profound dis- record his readiness to "accept internment absolutely as an
taste of many successful professional men for the nouveau extreme measure that the state is fully entitled to employ"

<.

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

T Alexis FitzGerald. Politically, his role in the


party was less important when Fine Gael were
in government from 1973-1977 as he never had
the kind of access to Cosgrave as Taoiseach or to Richie
Ryan as Minister for Finance that he had enjoyed with Cos-
quickly corrected when his terms of reference were clari-
fied.
Alexis FitzGerald sat close to the Taoiseach at the cabi-
net table and, conscious that some ministers never fully
accepted his presence, did not speak without first seeking
tello and McGilligan. Garret FitzGerald, moreover, had agreement that he should do so. When he did speak, he
been denied the Finance portfolio and, as Minister for generally endorsed the view of the majority and his contri-
Foreign Affairs, was frequently abroad. Declan Costello, to butions were designed to ameliorate, rather than to provoke
his father's particular irritation, had not been made a minis- or to compound, controversy.
ter but was relatively isolated as Attorney General. Perso- His more important contributions were made outside
nally, Alexis FitzGerald was caught up in the family tragedy the cabinet room when he was sometimes able to play a
of the illness and death of his first wife, Grace, in 1972 modest role behind the scenes in smoothing out differences
which accentuated his ever-present vulnerability to dep- which had arisen at senior official level between Depart-
ression and insomnia and which for a time thereafter threa- ments. The delineation of ministerial demarcation lines be-
tened to overwhelm him when he fell prey to too much tween Michael O'Leary and John Kelly after the creation of
alcohol and too many sleeping pills. But his strength of the Department of Industry and Energy was a case in point.
character eventually prevailed with the support of his chil- Another example was his involvement in a review of indus-
dren and of his subsequent marriage to Barbara Sweetman, trial policy undertaken in that Department which aimed to
whose own first husband had also died in 1972 in the catas- establish a tax-based leasing system to give the banks and
trophic Staines air-crash. other financial institutions credit for investment to lease
He began to emerge yet again as a figure of consequence back to industry and about which he opened discussions
within Fine Gael when they returned to opposition in 1977 with other Departments.
and when Garret FitzGerald succeeded Liam Cosgrave as Alexis Fitzflerald believed that his appointment as
party leader, although he played no real part in the party Special Adviser marked the apogee of his career. He had
reorganisation which absorbed almost all of the new leader's good cause to do so. The appoin tmen twas, and seems likely
energies over the next two years. to remain, a unique tribute to his extraordinary reputation
Although he was a member of the Fine Gael strategy for wisdom and for good counsel. But circumstances con-
committee which masterminded the 1981 election campaign spired to prevent his making the most of the remarkable
he attended rarely and he was intensely suspicious of the role he had been given. He was only weeks short of his sixty-
marketing and PR techniques which the committee used so fifth birthday when he was appointed and much of the rest-
effectively. The difference was one of style as well as of less energy which had so characterised his contribution to
generation and the very phrase "National Handlers" well the Costello governments had long since been spent. Indeed
summed up all that set them apart from FitzGerald to whose some of those closest to him believe he was already an ill
more measured and quasi-philosophical contributions they man, suffering from the earliest depredations of the cancer
listened with barely disguised impatience. which ultimately killed him.
But, the election over, it was not the "National Hand- Nor was his effectiveness enhanced by the floodlight
lers" but Alexis FitzGerald and another long time political of the public stage for which he had no relish but which he
confidant, Jim Dooge, who accompanied Garret FitzGerald could not now avoid. He was irritated and embarrassed by
to the secret Sandymount talks with Labour Party leader, the media publicity and political controversy surrounding
Michael 0 'Leary. Here the terms of the coalition pact were his appointment. Indeed it was strangely ironic that some-
hammered out and then presented to both parties as a fait one who had always disdained the vulgar abuse which was
accompli. part of the currency of Irish party politics suddenly found
Alexis FitzGerald was always an ardent supporter of himself the object of just such abuse. And he was hurt by
coalition, not merely as a strategy for winning political the attack which Charlie Haughey launched as Leader of
power but also on ideological grounds. He saw it as a way the Opposition in the Dail on 8 July 1981 when he des-
of getting powerful in terest groups in society, such as trade cribed him as "somebody who is now being imported into
unions, to assume responsibility for their political actions. the public service by the back door," and his appointment
The Labour leader found him generally helpful and coopera- as "a scandalous example of cronyism." Such accusations
tive in the negotiations on all issues other than divorce. And took their toll notwithstanding the convictions of both
he did not object when Garret FitzGerald raised the ques- Taoiseach and Special Adviser that they were baseless and
tion of his appointment as Special Adviser as soon as he be- notwithstanding the vigour with which the Taoiseach defen-
came Taoiseach. That appointment was the first decision ded his appointment in the Dail.
agreed by the new cabinet after ministers had received their In fact the unorthodoxy of the appointment was a by-
seals of office and met briefly in Arus an Uachtarain (al- product of Garret FitzGerald's highly unorthodox percep-
though at least one Fine Gael Minister, John Kelly, demurred) tion of the party which he led. Although Garret FitzGerald
and it was announced by the Taoiseach at the same time and John A. Costello were never close and had little else in
as he announced the composition of his government. common - even today the Taoiseach habitually refers to
his predecessor as "Mr Costello" - both were curiously Taoiseach's desk.
insulated from the mainstream of their party's internal The frenetic tempo of Garret FitzGerald's first govern-
politics. Indeed their middle years were largely devoted to ment, moreover, hamstrung by the precariousness of its
professional careers outside politics - the Bar in Costello's Dail majority which made for a hand-to-mouth existence,
case; his career as an economist in Aer Lingus, as a lecturer was singularly ill-suited to Alexis FitzGerald's reflective
in UCD and as a journalist in FitzGerald's. temperament and philosophical disposition. Crisis manage-
Scornful of those whom he despised as party hacks and ment was the order of the day and others in the Taoiseach's
uneasy in the company of those on the right of the party Department felt that the very fertility of Alexis FitzGerald's
whose star was in the ascendant during Liam Cosgrave's mind and the breadth of his interests made it difficult for
government, Garret FitzGerald sought the comfort and him quickly to focus on a single issue. Worse still, from
support in the cabinet room of some with whom he was Alexis FitzGerald's perspective, was the fact that he was
both socially and intellectually at ease. Hence his appoint- quite out of sympathy with the Taoiseach and with the pre-

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.

T he contrast between the present


Dublin side and that of the mid-
seventies side is even more stark. John
O'Leary is as good as Paddy Cullen,
but the full back line of Ro bbie Kelle-
her, Sean Doherty and Gay O'Driscoll
is hardly matched by the line of Mick
Kennedy, Gerry Horgan and Ray
Hanley. Dublin had a marvellous half
back line eight years ago of Tommy
Drumm, Kevin Moran and Pat O'Neill
- it was in an entirely different class
to that of Pat Canavan, Mick Holden
and Ned McCaffrey.
The Brian Mullins of today has
more grit and guile than the Brian
Mullins of yesteryear but he has no-
thing like the same mobility. But,
more critically, at midfield, Jim
Ronayne wouldn't have held a candle
to Bernard Brogan, perhaps the clas-
siest player in the Dublin team of the
seventies.
The Dublin half forward line of
Anton O'Toole, Tony Hanahoe and
David Hickey, was perhaps the greatest
the game ever saw when they were
at their height. Only Barney Rocke
matches their class today from the half
forward line that now includes Ciaran
Duff, when not out of favour for what-
volved, two of these twice, and not a ever reason.
Sheehy, of the 1980 and '81 vintage
single Armagh hand or foot touched Jimmy Keaveney was one of the
is not departed.
the ball. outstanding players of yesteryear -
Pat Spillane is almost in the same
It started with Jack 0 'Shea fielding he has no equal in the present full
class' as he WaS then but all the others,
a high ball on the Kerry goal line. He forward line, although Bobby Doyle
with the possible exception of Liston,
kicked across field to Paudi Lynch and John McCarthy, of the team of
have lost their sparkle and of course
who had a little difficulty in control- the last decade, were not in the same
John Egan, perhaps the most brilliant
ling it but then passed swiftly to Paudi class as their peers.
of them all, has departed.
O'Shea. He handpassed it on to Ger Overall, little has been learned in
O'Keeffe, who passed on to Mickey Gaelic football in the last five years.

T here was a magic moment for


Kerry -ironically in the year that
they failed to make it five in a row, in
Sheehy, who was way out of his custo-
mary position, back deep in the Kerry
defence. He kicked up along the right
The innovations were all introduced
by Kevin Heffernan and Mick O'Dwyer
almost ten years ago, and nobody
,1982 - that summed up the class of wing to Tom Spillane, who gathered seems to have had a new idea since
that team. This was in the semi-final the ball at speed, running back towards then.
against Armagh. It was a passing move- the Kerry goal. He transferred swiftly The uncertain rules of the game
ment out of defence which yielded a to Ger Power, who punched on up the haven't helped of course and neither
mere point. But in the execution of wing to John Egan. Power then accele- has uncertain refereeing.
the move, which began in the Kerry rated onwards, taking a short pass at But then the weather is worse now
goalmouth, nine Kerry players were in- full speed from Egan, just inside the than it was then as well. •
AT A RECEPTION last week to an-
nounce the opening of Ireland's first
"Satellite Dish Store" a demonstration
was given of the extra channels now
beaming down into Ireland!
Mr Derek May, Managing Director,
said "Satellite TV is a fact of modern
life and the Irish people shall definitely
want more choice as extra channels
become available through this exciting
development. "
The Satellite Store intends to sell
to the public and trade, with the pre-
sent retail price of £2,800 plus ten
per cent VAT. For that a customer can
expect six extra channels in English
with at least that amount in other lan-
guages.
Government legislation is expected
shortly to regularise this fast develop-
ing area which already has generated
a great deal of interest.
Derek, Gerard and John May have
been in the television aerial business
for over twenty years and they see this
as a logical step in their efforts to pro-
vide the best for their customers.
It is worth noting that ordinary TV

receivers are all that is necessary to Commenting on the sponsorship Mr


connect up to the Satellite Dish and Mark Wilson, brand manager for Srnir-
associated equipment. The vital poin t noff said, "Flying and aerobatics are.
is a reputable company to install this exciting sports which fit excellently
technical equipment with a commit- with the brand image we wish to pro-.
ment to a good back-up service. John mote. In addition we believe that the
May Aerials Ltd has earned a first class public of all ages have a special nostal-
reputation over the years and their gia for the old bi-planes which are
staff are now in process of training. beautiful aircraft."
The dish aerial can be mounted in a
corner of anyone's garden and are *****
attractive to look at compared to the
unsightly aerials dominating the city
skyline. RADIO 2 FINALISED arrangements
to present the first man and woman
over the line in this year's Radio 2
Dublin City Marathon with a spectacu-
***** lar extra prize.
The winning man and winning
woman will each receive a gleaming
new Nissan Micra HI-DX to reward
GILBEYS OF IRELAND has spon- their marathon efforts, in addition to
sored a 1940s bi-plane which is avail- the traditional Dublin Crystal trophies.
able for sports events, festivals and The Mieras, each valued at almost
other public occasions. The aircraft £7,000, are famous for their economy
is decked out in the Smirnoff logo and recently emerged as the most
and colours and will perform aerobatic reliable cars in their class in a major
displays throughout Ireland. survey in Germany.
The bi-plane, now Irish based, is a This development in Ireland's big-
1940s Starnpe which was used by the gest mass participation sporting event
French Air Force. One of only three in should provide it with an even further
Ireland, the structure of the aircraft boost, in addition to the new faster
is basically wood and linen braced course and £5,000 extra prize fund for
with steel. This ensures a very strong leading runners. A huge increase in
body. which is particularly suitable top-class international participation is
'for aerobatic displays. expected as a result.
THOSE WHO seek an insight into the for this, who determines which of the and TV is what is "politically accept-
acceptance of Section 31 out in RTE conflicting solutions and theories are able" to those who control it.
might have a look at the March 18 issue "consensual"? We know the Provos are J
of Fortnight. There, one of RTE's outside it, but who is inside it? Is the Example: in 1983 some RTE jour-
most respected and responsible pro- UDA part of it? What about the British nalists did preliminary work on a
ducers, Peter Feeney, published a letter army, surely they must be part of it? major case involving a miscarriage of.
which defined the limits of what is What about the people of, say, Bally- justice, one which is now frequently
"politically acceptable" in RTE. murphy who are not in the IRA, are quoted in criminal law. The debate
"Solutions, theories, ideologies they part of it? Not to mention the on the Criminal Justice Bill began.
"heard on radio stay within what people of Dublin's inner city? How do The story was squashed because it
is politically acceptable. The they take part in arriving at this con- might look as though the programme-
determination of what is accept- sensus? makers were undermining the gardai,
able comes from a consensus There is, of course, no consensus. and therefore being subversive.
And the problem is not whether the
that emerges from opinionmakers
(politicians, journalists, commen- Provos are on TV or not. The problem

Example: during the count in the
tators, spokespeople for pressure is the "deconsensualising" of whole Fermanagh-South Tyrone by-election
groups, churchmen, etc). The areas of political debate and investi- following the death of Bobby Sands
Provisional IRA operate outside gation. RTE journalists were openly saying
that consensus." Peter Feeney is, of course, dead - and only half in jest - that they
That was the first we heard of this right in his conclusion if not in his were rooting for the unionist, Ken
"consensus". Who set up the structure analysis. What is reported on Radio Maginnis. Not because they particu-
larly supported his politics but be-
cause if he won they could do their
job and interview him. When Owen
Carron won the microphones were
packed up.
When there is a development within
the "consensus" it.is reported and ex-
plained. When the development is
outside the "consensus" it is reported,
left unanalysed (except by those
within the "consensus"), unexplained.
The voice of Owen Carron is neither
here nor there, the stilled voices of
the 30,000 who voted for him are
ruled out of the imaginary "consen-
sus" because they are not "politically
acceptable" to those in power.

There is nothing wrong with all


this if you accept that kind of society.
What is wrong is when you purport to
subscribe to a social democratic form
of society. Then you have to start
inventing crude devices like the "con-
sensus" as defined by the vested in-
terests in power. The "consensus" in
1943, as defined by Frank Aiken,
was that James' Dillon's speeches
should not be reported by the media.
It's amazing the kind of people who
can become "subversive" when their
opponents control the "emergence".
of a "consensus".
IN THE COURSE of researching the
article on censorship it occurred to us
to test the extent to which informa-
tion is kept from the public. In theory
we employ all those politicians and
civil servants and when we want to
know what's happening we have a
right to the information, within ob-
vious limits.
We asked routine questions. Only
one related to policy. We asked no-
thing which members of the public
were not clearly entitled to know. In
two cases we asked similar questions in
other jurisdictions, for comparison
sake.
They came back after about a minute O'Brien in Foreign Affairs - it's really
and said that the last two people Peter Barry's area."
******* hanged were Gwynn Evans in Liver- We tried Foreign Affairs. "I've
pool and Peter Allen in Manchester, never seen any comment on it - I
GIVEN THE MANNER in which the for the same murder, in 1964. The don't know if they would say anything.
Irish Business story on ACC was banned last woman hanged (we hadn't asked) We'll check and get back to you."
we felt entitled to ask the state what was Ruth Ellis in 1955. Later that day they had checked
exactly is the legal authority under and got back to us. "The Department
which a judge can hold proceedings ******* has never made a comment and is not
in camera. This is a matter of'Irnrne-, _ .going.to.make a comment."
diate public inferest. ---
We rang the Department of Justice. WE THEN RANG the Garda Press
We were told they don't give legal ad- Office. How many members of the * ******
vice. We asked was there no one in the force have been charged with criminal
Department who would or could in- offences in the last year. "I don't
form the public of the legal authority think we have that statistic." They A WARM welcome back to the Irish
under which secret court proceedings don't. Or if they had they wouldn't Press. As regular readers, however, we
were being held. We were told to hire tell us. are a bit disconcerted by the lunge
a solicitor, who might be able to answer We rang the RUC and asked the down-market which the front page has
the question. same question. "That statistic would taken. The Irish Press always had a
be in the Chief Constable's report." good front page, but nowadays there's
* ** *** * They immediately put a copy in the something askew. "Ouch, Minister",
post. Eight members ofthe force were said the first one back, setting the tone
charged with twelve criminal offences for things to come. The tabloid style
WE THEN RANG the Attorney Gene- last year, as a result of 3,045 com- sits odd on the broadsheet page. For
ral's office and asked the same ques- plaints from the public. one, the top line of the headline
tion. We were told that the Attorney shouldn't run over to the right of the
General's staff advises the Attorney ******* page, being squashed up into the mast-
General on how to advise the govern- head by the regular right-side photo.
ment on legal matters. They do not Push the photo up and hold the head-
advise the public. WE FELT AN urge to know what the line in a rectangle on the left, folks.
An official, being helpful, used an Taoiseach that we elected had to say Other gems have included "New
analogy. "If you hire a barrister he about unionist attempts to ban Sinn York Joyride", "Don't Go Mad",
will give you advice on your case. But Fein Councillors from attending coun- "Steel On The Brink" and "Jamie IS
he wouldn't, of course, advise your cil meetings in Northern Ireland. We a He-Man" (Ouch, Tim Pat). Our
opponen ts." thought it was something which might favourite was "Washout For Home
So, according to the Attorney have crossed his mind. We decided to Holidays", as the frontpage lead on
General's office, the public is the ask the Government Information Ser- the day of the largest single plane
government's opponent. vice. disaster in aviation history.
"I don't think he has anything to The rest of the paper hasn't gone so
say on that," said someone in GIS.
******* far down-market, except the Maureen
"The Taoiseach himself doesn't meet Cairn duff page, which would be right
WE RANG THE Department of Justice with Sinn Fein Councillors. Northern at home between Micheline and Fr
to ask wlo was the last person to be Ireland is outside the jurisdiction, Trendy in the Sunday World. It's
hanged in the State. "Sorry," they said. anyway." So has he no view on it at early days yet and it is interesting
"We don't give out that information." all? "Try ringing Peter Prendergast." watching a paper retrain its guns on
We rang the Home Office in Britain We did. another part of the market. But please
with the same question. They said, "The Taoiseach's on holidays at the spare us "Gotcha", "Phew, What A
"Certainly, sir (honest), hold the line." moment," he said. "Try ringing Dick Scorcher" and "No News Today".

62 MAGILL SEPTEMBER ~85

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