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Republicans, Martyrology, and the Death Penalty in Britain and Ireland, 1939–1990

Published online by Cambridge University Press:  05 June 2015

David Matthew Doyle
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Abstract

This article examines the relationship between politically motivated murder, martyrdom, and the death penalty in Britain and Ireland in the period from 1939 to 1990. First, it investigates the nexus between historical experience and memory, political martyrdom, and capital punishment as it applied to Irish Republicans in Britain during the Second World War. Secondly, it examines the use of extraordinary legal powers to impose the death penalty in the Irish state during the “Emergency,” and charts the processes through which the threat of capital punishment continued to be perceived as an essential instrument of security in both Irish jurisdictions in the postwar period. Thirdly, it evaluates the effectiveness of the death penalty in deterring politically motivated murder and explores the anomalous, paradoxical decision to abolish capital punishment at the height of subversive killing in Northern Ireland. The essay concludes that the national security issue and the potential martyrdom of Irish Republicans were pivotal factors in dissuading successive British governments from reintroducing the death penalty for politically motivated offenses in Britain and Northern Ireland.

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Articles
Information
Journal of British Studies , Volume 54 , Issue 3 , July 2015 , pp. 703 - 722
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Copyright © The North American Conference on British Studies 2015 

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References

1 Philip Whitehead, 11 December 1974, Parliamentary Debates, Commons, 5th ser., vol. 883 (1974), col. 594.

2 Cronin, Sean, The Story of Kevin Barry (Cork, 1965), 23Google Scholar.

3 Quoted in Doherty, Martin A., “Kevin Barry and the Anglo-Irish Propaganda War,” Irish Historical Studies 32, no. 126 (November 2000): 217–31CrossRefGoogle Scholar, at 228.

4 TNA, CAB 65/56/11, 1 February 1940, W. M. (40) 29th Conclusions.

5 Therese Elizabeth McIntyre, “‘Another Martyr for Old Ireland’: Historical ‘Fact’ v. Folk Memory. Kevin Barry as a ‘Hero’ in the Irish Ballad Tradition” (MA diss., National University of Ireland, Galway, 2009).

6 Banner, Stuart, The Death Penalty: An American History (Cambridge, MA, 2002), 4Google Scholar.

7 See, for instance, the views of the secretary of state for the home department in the House of Commons in 1983. Leon Brittan, 13 July 1983, Parliamentary Debates, Commons, 6th ser., vol. 45 (1983), col. 885–93.

8 There were eleven executions in Northern Ireland between 1922 and 1961, of which only one involved a politically motivated offender. Of thirty-five executions in Southern Ireland between 1923 and 1954, only six involved politically motivated offenders. The civil war executions (1922–23) in the Irish Free State are omitted from this analysis.

9 Doyle, David M. and O'Donnell, Ian, “The Death Penalty in Post-Independence Ireland,” Journal of Legal History 33, no. 1 (March 2012): 65–91CrossRefGoogle Scholar.

10 Longaigh, Seosamh Ó, Emergency Law in Independent Ireland, 1922–1948 (Dublin, 2006)Google Scholar.

11 Re. Trials for Murder, 25 August 1941, DT S7788A, National Archives of Ireland (NAI).

12 Earl of Longford and O'Neill, Thomas P., Eamon de Valera (Boston, 1971), 359Google Scholar; Coogan, Tim Pat, The IRA (London, 2002), 130Google Scholar; Maguire, John, IRA Internments and the Irish Government: Subversives and the State 1939–1962 (Dublin, 2008), 24Google Scholar.

13 Doyle and O'Donnell, “The Death Penalty in Post-Independence Ireland,” 68.

14 Sean Dunne, 5 December 1951, Parliamentary Debates, Dail Éireann, vol. 128 (1951), no. 3, col. 417.

15 The Irish Republic abolished the death penalty for murder in 1964, but not for all crimes until 1990. Northern Ireland abolished capital punishment for “ordinary murder” in 1966 and for all but a few esoteric offenses in 1973. The death penalty remained on the statute book as a possible penalty for treason and piracy with violence until 1998.

16 Hodgkinson, Peter, “The United Kingdom and the European Union,” in Capital Punishment: Global Issues and Prospects, ed. Hodgkinson, Peter and Rutherford, Andrew (Winchester, 1996), 193–213Google Scholar, at 195.

17 McBride, Ian, “The Shadow of the Gunman: Irish Historians and the IRA,” Journal of Contemporary History 46, no. 3 (July 2011): 686–710CrossRefGoogle Scholar, at 699.

18 Walker, Clive, The Prevention of Terrorism in British Law (Manchester, 1992), 305Google Scholar.

19 The Second World War was referred to in the Irish state as the “Emergency.”

20 TNA, CAB 65/56/15, 1 February 1940, W. M. (40) 29th Conclusions.

21 For a variety of correspondence relating to the death sentences, see DFA S113 (a) and DT S 11575A, NAI.

22 TNA, CJ-6130, Peadar O'Donnell to J. L. Maffey (copy), December 1939.

23 TNA, CJ-61, Memorandum, 5 January 1940; TNA, CJ-6130, Peadar O'Donnell to J. L. Maffey (copy), December 1939.

24 Ibid.

25 TNA, CJ-622, Eamon De Valera to Anthony Eden, 9 January 1940.

26 TNA, CJ-61, Memorandum, 5 January 1940; see also TNA, CJ-62, Cahir Davitt to John Morris, 2 February 1940.

27 TNA, CAB 65/56/15, 1 February 1940, W. M. (40) 29th Conclusions; TNA, CJ-61, Memorandum, 5 January 1940.

28 Ibid.

29 TNA, CJ-61, J. L. Maffey to Eric Machtig, 1 January 1940.

30 TNA, CJ-61, Copy (Intld.) A.E., 5 January 1940.

31 Lee, J. J., Ireland 1912–1985: Politics and Society (Cambridge, 1989), 223–24Google Scholar.

32 Quoted in Gottfried, Ted, The Death Penalty: Justice or Legalized Murder? (Brookfield, CT, 2002), 51Google Scholar.

33 Boyce, D. George, “‘A Gallous Story and a Dirty Deed’: Political Martyrdom in Ireland Since 1867,” in Ireland's Terrorist Dilemma, ed. Alexander, Yonah and O'Day, Alan (Dordrecht, The Netherlands, 1986), 7–28Google Scholar, at 20.

34 TNA, CJ-61, Hugh Montgomery to McDonald, 15 December 1939.

35 TNA, CAB 65/56/15, 1 February 1940, W. M. (40) 29th Conclusions.

36 English, Richard, Armed Struggle: The History of the IRA (Oxford, 2003), 5Google Scholar. The rebels of 1916 received a soldier's execution by shooting, rather than being hanged by the neck as common criminals. Roger Casement, by contrast, was hanged for treason in Pentonville Prison, London.

37 TNA, CJ-61, Hugh Montgomery to McDonald, 15 December 1939; English, Armed Struggle, 6.

38 TNA, CJ-61, J. L. Maffey to Eric Machtig, 1 January 1940.

39 Ibid.

40 TNA, FO 371/24252, Irish Executions: Effect on Irish-American Opinion, 31 January 1940.

41 TNA, CAB 65/56/16, 1 February 1940, W. M. (40) 29th Conclusions; TNA, FO 371/24252, Decypher. The Marquess of Lothian (Washington), 31 January 1940. TNA, FO 371/24252, Irish Executions: Effect on Irish-American Opinion, 31 January 1940.

42 Ibid., J. Belton to Mr. Scott, 2 February 1940.

43 TNA, CJ-61, Memorandum, no date.

44 TNA, CJ-61, J. L. Maffey to Eric Machtig, 1 January 1940; TNA, CAB 65/56/16, 1 February 1940, W. M. (40) 29th Conclusions.

45 Ibid.

46 TNA, FO 371/24252, Decypher. The Marques of Lothian (Washington), 3 February 1940.

47 TNA, FO 371/24252, Decypher Telegram to The Marques of Lothian (Washington), 6 February 1940.

48 TNA, CAB 65/56/16, 1 February 1940, W. M. (40) 29th Conclusions.

49 O'Drisceoil, Donal, Censorship in Ireland 1939–1945: Neutrality, Politics and Society (Cork, 1996), 237Google Scholar.

50 For newspaper coverage, see Liam O'Callaghan, The History of the Death Penalty in Ireland since the Civil War (MPhil diss., University College Cork, 2003). TNA, CJ-62, Decypher Telegram from the United Kingdom Representative to Eire, 8 February 1940.

51 TNA, CAB 65/56/16, 1 February 1940, W. M. (40) 29th Conclusions.

52 Ibid., 11. Reginald Dunn and Joseph O'Sullivan were convicted of the murder and executed on 10 August 1922.

53 TNA, CJ-62, Cahir Davitt to John Morris, 2 February 1940.

54 Dháibhéid, Caoimhe Nic, “Throttling the IRA,” in From Parnell to Paisley: Constitutional and Revolutionary Politics in Modern Ireland, ed. Dháibhéid, Caoimhe Nic and Reid, Colin (Dublin, 2010), 116–38Google Scholar.

55 Regan, John M., “Southern Irish Nationalism as a Historical Problem,” Historical Journal 50, no. 1 (March 2007): 197–223CrossRefGoogle Scholar, at 199–200.

56 TNA, CAB 65/56/16, 1 February 1940, W. M. (40) 29th Conclusions.

57 For the hiring of English Executioners in Ireland, see O'Donnell, Ian and Doyle, David M., “English Hangmen and a Dublin Gaol, 1923–54,” New Hibernia Review 18, no. 4 (Winter 2014): 101–18CrossRefGoogle Scholar.

58 Cronin, Sean, Washington's Irish Policy 1916–1986 (Dublin, 1987), 76Google Scholar.

59 Ibid.; Coogan, The IRA, 130–31; O'Drisceoil, Censorship in Ireland, 237.

60 For a similar semi-religious response in the aftermath of the executions in 1916, see Laffan, Michael, The Resurrection of Ireland: The Sinn Fein Party 1916–1923 (Cambridge, 2004), 53Google Scholar.

61 TNA, CJ-62, Decypher Telegram from the United Kingdom Representative to Eire, 8 February 1940; Longford and O'Neill, Eamon de Valera, 359–60.

62 Boyce, “‘A Gallous Story and a Dirty Deed,’” 23.

63 TNA, CJ-62, Decypher Telegram from the United Kingdom Representative to Eire, 8 February 1940; Rogan, Mary, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment (London, 2010), 54–71Google Scholar.

64 Doyle and O'Donnell, “The Death Penalty in Post-Independence Ireland,” 75–76. Appeals were permitted from the Special Criminal Court, but no such right existed for those convicted by the Military Court.

65 I am much obliged to Angela Jones, Public Record Office of Northern Ireland (PRONI), for this information.

66 Death sentences after 1964 were also imposed by the nonjury Special Criminal Court.

67 Bowyer, J. Bell, The Secret Army: The IRA 1916–1979 (Dublin, 1990), 187Google Scholar.

68 Memorandum for Government in connection with petition for release of Michael Walsh and Patrick Davern who are serving commuted sentences for life for the murder of Michael Devereux, 7 November 1945, DT S12741, NAI (hereafter cited as Memorandum Walsh and Davern).

69 See Moroney, Michael, George Plant and the Rule of Law: The Devereux Affair 1940–1942 (Tipperary, 1989)Google Scholar.

70 Memorandum Walsh and Davern.

71 Coogan, The IRA, 157.

72 See [1942] IR 112.

73 Memorandum Walsh and Davern.

74 Ibid.

75 [1942] IR 112, at 118.

76 Memorandum Walsh and Davern.

77 Bishop of Ossory, Patrick Collier, to Eamon De Valera, 27 February 1942, DT S12741, NAI.

78 Thank you to Angela Jones, PRONI, for this information.

79 Coogan, The IRA, 179; Longford and O'Neill, Eamon de Valera, 399.

80 O'Drisceoil, Censorship in Ireland, 240.

81 English, Armed Struggle, 69.

82 TNA, CJ 4/2497, T. A. Cromey to I. M. Burns, 29 May 1979; McVeigh, Jim, Executed: Tom Williams and the IRA (Belfast, 1999), xixGoogle Scholar.

83 Doyle and O'Donnell, “The Death Penalty in Post-Independence Ireland,” 76.

84 Oliver Sheehy Skeffington to Eamon De Valera, 1944, DT S13567-1, NAI; Bell, Secret Army, 234.

85 Charles Kerins: Sentenced to Death, undated, DT S13567, NAI.

86 See Doyle and O'Donnell, “The Death Penalty in Post-Independence Ireland,” 83–89; Trial of Charles Kerins for Murder of Detective Sergeant O'Brien, DT S13567, NAI.

87 Ibid.

88 Telegram addressed to the Executive Council, Government Buildings, 29 November 1944, DT S13567-1, NAI; Coogan, IRA, 192; Charles Kerins: Sentenced to Death, undated, DT S13567, NAI; [1945] IR 339.

89 For a variety of correspondence on this issue see DT S13567, NAI. See also, Copy of Resolution passed by the Kerry County Council on the 23rd November 1944, DT S13567-1, NAI.

90 O'Drisceoil, Censorship in Ireland 1939–1945, 240–41.

91 Hanley, Brian, The IRA: A Documentary History 1916–2005 (Dublin, 2010), 102Google Scholar.

92 Read for Taoiseach on 1st inst—probably supplied to him by Dept. of Justice, 4 December 1944, DT S13567, NAI.

93 W. B. Dwyer to Eamon De Valera, 28 November 1943, DT S13567-1, NAI. According to Gerard O'Brien, “For many, it is clear, capital punishment, at least when aimed at the IRA, was a practice associated with the evils of British rule and the ‘misguided’ Cumann na nGaedheal policies of the civil war period.” See O'Brien, Gerard, “Capital Punishment in Ireland,” in Reflections on Law and History, ed. Norma Dawson, M. (Dublin, 2006), 223–58Google Scholar, at 238.

94 Bridget and Walter Dudley Edwards to Eamon De Valera, 29 November 1944, DT S13567-1, NAI.

95 Josephine Whelan to Eamon De Valera, undated, DT S13567-1, NAI.

96 Eire Special Criminal Court, DT S13567, NAI.

97 “Memories of Mountjoy Jail as told by Governor Sean Kavanagh to Liam MacGabhann.” I am much obliged to Sean Reynolds, Mountjoy Prison Museum, for providing me with a copy of this article.

98 Shakespeare, William, Macbeth, ed. Pearce, Joseph (San Francisco, 2010), 17Google Scholar.

99 Lee, Ireland 1912–1985, 224.

100 Wills, Clair, That Neutral Island: A Cultural History of Ireland during the Second World War (London, 2007), 311Google Scholar.

101 J. LL. J. Edwards, “Capital Punishment in Northern Ireland,” Criminal Law Review (1956): 750–58, at 752.

102 Memorandum for the Government, 12 April 1956, DT S7788B, NAI.

103 Hood, Roger and Hoyle, Carolyn, The Death Penalty: A Worldwide Perspective (Oxford, 2008), 405–9CrossRefGoogle Scholar.

104 Abolition of death penalty in certain cases, 31 December 1962, DJUS 2004/32/20, NAI.

105 Mr. A. Leitch to H. Black, Secretary to the Cabinet, 8 September 1966, HA/8/1953, PRONI.

106 Ibid.

107 Hay, Douglas, “Hanging and the English Judges: The Judicial Politics of Retention and Abolition,” in America's Death Penalty: Between Past and Present, ed. Garland, David, McGowen, Randall, and Meranze, Michael (New York, 2011), 129–65CrossRefGoogle Scholar, at 156.

108 The number of politically motivated killings in the Irish Republic remained low. See Dooley, Enda, Homicide in Ireland 1972–1991 (Dublin, 1995), 16Google Scholar.

109 William Gerald Holden was convicted on 19 April 1973 for the murder of a soldier in September of 1972. His conviction was quashed by the Court of Appeal in Belfast in June 2012. He served seventeen years in prison before being released on license in 1989. See Irish Times, 22 June 2012. Albert Edward Browne, a member of the Ulster Defence Association, was convicted on 14 February 1973 for the murder of a policeman in October of the previous year. See PRONI, BELF/1/1/2/250/102, R V Browne & Harrison (Redacted Copy), 1973.

110 TNA, CJ 4/2497, Letter from David Madel to Humphrey Atkins, 10 May 1979.

111 Drewry, Gavan, “The Politics of Capital Punishment,” in Law and the Spirit of Inquiry, ed. Drewry, Gavin and Blake, Charles (The Hague, 1999), 137–60Google Scholar, at 146.

112 There were 969 deaths between 1970 and 1973, with 497 deaths in 1972 alone. See English, Armed Struggle, xxiii, 379.

113 TNA, PREM 15/1736, Capital Punishment in Northern Ireland, 10 April 1973.

114 Watch, Helsinki, Human Rights in Northern Ireland: A Helsinki Watch Report (New York, 1991), 48–51Google Scholar.

115 TNA, CJ 4/2497, Death Penalty in Northern Ireland, 3 April 1973; Drewry, “The Politics of Capital Punishment,” 137–59; Hood and Hoyle, Death Penalty, 46–47.

116 Hood and Hoyle, Death Penalty, 46.

117 Parliamentary Debates, Commons, 5th ser., vol. 883 (1974), col. 518–19 (11 December 1974). The motion was approved by 361 votes to 232.

118 Hodgkinson, “The United Kingdom and the European Union,” 195.

119 Ibid.

120 Ibid.

121 Walker, The Prevention of Terrorism in British Law, 305.

122 TNA, FC 087/265, Northern Ireland (Emergency Provisions) Bill, New clause abolishing the death penalty for murder.

123 Edwards, “Capital Punishment in Northern Ireland,” 752; TNA, CJ 4/2497, Death Penalty in Northern Ireland, 3 April 1973.

124 TNA, CJ 43/49, Death Penalty in North Ireland, 3 April 1973.

125 TNA, CJ 4/2497, Capital Punishment, 29 March 1973.

126 TNA CAB/128/52/21, Conclusions of a Meeting of the Cabinet held at 10 Downing Street, 12 April 1973.

127 Hood and Hoyle, Death Penalty, 47.

128 Coulthard, Malcolm, “The Official Version: Audience Manipulation in Police Records of Interviews with Suspects,” in Texts and Practices: Readings in Critical Discourse Analysis, ed. Caldas-Coulthard, Carmen Rosa and Coulthard, Malcolm (London, 1996), 166–78Google Scholar, at 166.

129 Ibid. Denning also remarked that had the Guilford Four been executed they would have “probably hanged the right men.”

130 Foster, R. F., The Irish Story: Telling Tales and Making It up in Ireland (Oxford, 2001), 45–46Google Scholar. The Irish National Liberation Army claimed responsibility for the murder.

131 Ibid., 47.

132 Ford, Alan, “Martyrdom, History and Memory in Early Modern Ireland,” in Memory and Meaning in Modern Ireland, ed. McBride, Ian (Cambridge, 2001), 43–66Google Scholar, at 43. See also Parliamentary Debates, Commons, 5th ser., vol. 856 (1973), col. 1084–141 (14 May 1973); 5th ser., vol. 883 (1974), col. 522–631 (11 December 1974); 5th ser., vol. 902, col. 669–718 (11 December 1975); 5th ser., vol. 970 (1979), col. 2030–120 (19 July 1979); 6th ser., vol. 23 (1982), col. 609–64 (11 May 1982); 6th ser., vol. 45 (1983), col. 905–53 (13 July 1983).

133 Garland, David, Peculiar Institution: America's Death Penalty in an Age of Abolition (Oxford, 2010), 254Google Scholar.

134 Ibid.; TNA, CJ 4/2497, Capital Punishment for Terrorism.

135 TNA, CJ 4/2497, Death Penalty, 31 May 1979.

136 Garland, Peculiar Institution, 255.

137 Ibid., 254.

138 Lee, Ireland 1912–1985, 437.

139 TNA, CJ 4/2497, Ministers Case No 4169: Death Penalty, 21 May 1979; Walker, The Prevention of Terrorism in British Law, 306.

140 TNA, CJ 4/2497, Capital Punishment, 29 March 1973.

141 Although the prospect of martyrdom was not a pivotal factor in the abolition of the death penalty in the Irish Republic, it did feature en passant in the parliamentary debates. See, for instance, Parliamentary Debates, Dail Éireann, vol. 399 (1990), no. 6, col. 1206, 1226; Parliamentary Debates, Seanad Éireann, vol. 96 (1981), no. 3, col. 238–39, 246–47; vol. 399, col. 1226, 1206; vol. 125 (1990), no. 11, col. 1308–9, 1319, 1351; vol. 125 (1990), no. 15, col. 1824.

142 Dolnik, Adam and Gunaratna, Rohan, “On the Nature of Religious Terrorism,” in Routledge Handbook of Religion and Politics, ed. Haynes, Jeffrey (New York, 2008), 343–50Google Scholar, at 347.