Capital punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
in
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
was abolished in
statute law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
in 1990, having been abolished in 1964 for most offences including ordinary
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
. The last person to be executed was
Michael Manning, hanged for murder in 1954. All subsequent death sentences in Ireland, the last handed down in 1985, were commuted by the
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
, on the advice of the
Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
, to terms of imprisonment of up to 40 years. The
Twenty-first Amendment to the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a
state of emergency
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
Early history
Early Irish law
Early Irish law, also called Brehon law (from the old Irish word breithim meaning judge), comprised the statutes which governed everyday life in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwe ...
discouraged capital punishment. Murder was usually punished with two types of fine: a fixed ''
éraic
Éraic (or ''eric'') was the Ireland, Irish equivalent of the Wales, Welsh galanas and the Anglo-Saxon language, Anglo-Saxon and Scandinavian weregild, a form of tribute paid in reparation for murder or other major crimes. The term survived into ...
'' and a variable ''Log nEnech''; a murderer was only killed if he and his relatives could not pay the fine. The ''
Senchas Márs description of the execution of the murderer of
Saint Patrick
Saint Patrick (; or ; ) was a fifth-century Romano-British culture, Romano-British Christian missionary and Archbishop of Armagh, bishop in Gaelic Ireland, Ireland. Known as the "Apostle of Ireland", he is the primary patron saint of Irelan ...
's charioteer
Odran has been interpreted as a failed attempt to replace
restorative justice
Restorative justice is a community-based approach to justice that aims to repair the harm done to victims, offenders and communities. In doing so, restorative justice practitioners work to ensure that offenders take responsibility for their ac ...
with
retributive justice
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, ...
.
After the
Norman conquest of Ireland
The Anglo-Norman invasion of Ireland took place during the late 12th century, when Anglo-Normans gradually conquered and acquired large swathes of land in Ireland over which the monarchs of England then claimed sovereignty. The Anglo-Normans ...
,
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
provided the model for Irish law. This originally mandated a death sentence for any
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
, a class of crimes established by
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
but, in Ireland as in England, was extended by various
Acts of Parliament;
a situation later dubbed the "
Bloody Code
The "Bloody Code" was a series of laws in England, Wales and Ireland in the eighteenth and early nineteenth centuries which mandated the death penalty for a wide range of crimes. It was not referred to by this name in its own time; the name was g ...
". After the
Irish Reformation, the
Protestant Ascendancy
The Protestant Ascendancy (also known as the Ascendancy) was the sociopolitical and economical domination of Ireland between the 17th and early 20th centuries by a small Anglicanism, Anglican ruling class, whose members consisted of landowners, ...
to impede Roman Catholic practices passed
Penal Laws
Penal law refers to criminal law.
It may also refer to:
* Penal law (British), laws to uphold the establishment of the Church of England against Catholicism
* Penal laws (Ireland)
In Ireland, the penal laws () were a series of Disabilities (C ...
, some of which created capital crimes which produced
Irish Catholic Martyrs
Irish Catholic Martyrs () were 24 Irish men and women who have been beatified or canonized for both a life of heroic virtue and for dying for their Catholic faith between the reign of King Henry VIII and Catholic Emancipation in 1829.
The more ...
. The
gallows speech was a popular genre of
broadside from the
Williamite revolution through the eighteenth century, feeding into popular ballads of the nineteenth century. In 1789
Elizabeth Sugrue ("Lady Betty") was among 26 led to the
County Roscommon
County Roscommon () is a Counties of Ireland, county in Republic of Ireland, Ireland. It is part of the province of Connacht and the Northern and Western Region. It is the List of Irish counties by area, 11th largest Irish county by area and Li ...
gallows; when the hangman failed to appear, she agreed to hang the other 25 if the sheriff would stay her own execution. She remained county executioner until 1802, when her death sentence was commuted to life imprisonment.
Most Penal Laws were repealed or disused by the late 18th century. As late as 1834 the officiant at an unlicensed
Catholic–Protestant marriage had a sentence of
death recorded, albeit commuted to 18 months' imprisonment. The
Criminal Law Act 1827 allowed judges to sentence to
transportation
Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
for many hitherto capital crimes.
For more,
Peel's Acts in 1828 replaced the death penalty with
penal servitude
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included inv ...
. The Capital Punishment (Ireland) Act 1842 brought the law in Ireland closer to that of England by reducing the penalties for numerous offences, and abolishing the capital crime of serving in the
army or navy of France. The
Offences Against the Person Act 1861
The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of ...
reduced the number of capital crimes from over two hundred to just three: murder, treason and
piracy with violence.
Death was a
mandatory sentence
Mandatory sentencing requires that people convicted of certain crimes serve a predefined term of imprisonment, removing the discretion of judges to take issues such as extenuating circumstances and a person's likelihood of rehabilitation into co ...
for murder, though it was often commuted. The last public hanging in Ireland was in 1868; after the
Capital Punishment Amendment Act 1868 executions were carried out behind prison walls. Irish doctor
Samuel Haughton
Samuel Haughton (21 December 1821 – 31 October 1897) was an Irish clergyman, medical doctor, and scientific writer.
Biography
The scientist Samuel Haughton was born in Carlow, the son of another Samuel Haughton (1786-1874) and grandson (by h ...
developed the humane
"Standard Drop" method of hanging that came into use in 1866.
The
Children Act 1908
The Children Act 1908 ( 8 Edw. 7. c. 67), also known as the Children and Young Persons Act 1908, was an act of the Parliament of the United Kingdom passed by the Liberal government, as part of the British Liberal Party's liberal reforms pac ...
(
8 Edw. 7. c. 67) abolished the death penalty for a child or "young person" aged under 16.
Execution of
Irish republicans
Irish republicanism () is the political movement for an Irish republic, void of any British rule. Throughout its centuries of existence, it has encompassed various tactics and identities, simultaneously elective and militant and has been both w ...
created political
martyr
A martyr (, ''mártys'', 'witness' Word stem, stem , ''martyr-'') is someone who suffers persecution and death for advocating, renouncing, or refusing to renounce or advocate, a religious belief or other cause as demanded by an external party. In ...
s, such as the "
Manchester Martyrs
The Manchester Martyrs () were three Irish Republicanism, Irish Republicans – William Philip Allen, Michael Larkin, and Michael O'Brien – who were Hanging, hanged in 1867 following their conviction of murder after an attack on a police van i ...
" of 1867. The Prevention of Crime (Ireland) Act, 1882, was enacted during the
Land War
The Land War () was a period of agrarian agitation in rural History of Ireland (1801–1923), Ireland (then wholly part of the United Kingdom of Great Britain and Ireland, United Kingdom) that began in 1879. It may refer specifically to the firs ...
and introduced on the day of the funeral of
Lord Frederick Cavendish
Lord Frederick Charles Cavendish (30 November 1836 – 6 May 1882) was an English Liberal politician and ''protégé'' of the Prime Minister, William Ewart Gladstone. Cavendish was appointed Chief Secretary for Ireland in May 1882 but was ...
, one of the
Phoenix Park murder victims.
This empowered
non-jury trials to impose death sentences, prompting
Francis Alexander FitzGerald to resign in protest as
baron of the exchequer
The Barons of the Exchequer, or ''barones scaccarii'', were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (''inferior'') barons. When Robert Shute was ...
.
In fact no death sentence was passed under the provisions of that Act.
Revolutionary period

In 1916, the
execution of the leaders of the Easter Rising turned public sympathy in favour of the rebels. 24 rebels were executed during the
1919–21 War of Independence, starting with
Kevin Barry
Kevin Gerard Barry (20 January 1902 – 1 November 1920) was an Irish Republican Army (IRA) soldier and medical student who was executed by the British Government during the Irish War of Independence. He was sentenced to death for his part in a ...
.
[
] In
Munster
Munster ( or ) is the largest of the four provinces of Ireland, located in the south west of the island. In early Ireland, the Kingdom of Munster was one of the kingdoms of Gaelic Ireland ruled by a "king of over-kings" (). Following the Nor ...
, which was under
martial law
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
, 13 were shot in Cork and one in Limerick.
"
The Forgotten Ten" were hanged in
Mountjoy Prison
Mountjoy Prison (), founded as Mountjoy Gaol and nicknamed The Joy, is a medium security men's prison located in Phibsborough in the centre of Dublin, Ireland.
The current prison Governor is Ray Murtagh.
History
Mountjoy was designed by Cap ...
, which helped turn opinion in Dublin against the
Dublin Castle administration
Dublin Castle was the centre of the government of Ireland under English and later British rule. "Dublin Castle" is used metonymically to describe British rule in Ireland. The Castle held only the executive branch of government and the Privy Cou ...
.
The last execution under British authority was of William Mitchell, a
Black and Tan
A black and tan is a beer cocktail made by layering a pale beer (usually pale ale) and a dark beer (usually stout). In Ireland, the drink is called a half and half.
History
The term likely originated in England, where consumers have blended ...
convicted of the murder of a
justice of the peace.
The forces of the
Irish Republic
The Irish Republic ( or ) was a Revolutionary republic, revolutionary state that Irish Declaration of Independence, declared its independence from the United Kingdom of Great Britain and Ireland in January 1919. The Republic claimed jurisdict ...
proclaimed in 1916, which fought the 1919–21 War against the British authorities, established
its own republican courts. In summer 1920, when a
County Meath
County Meath ( ; or simply , ) is a Counties of Ireland, county in the Eastern and Midland Region of Republic of Ireland, Ireland, within the Provinces of Ireland, province of Leinster. It is bordered by County Dublin to the southeast, County ...
republican court sentenced a man to death for murder, the sentence was referred to the
Dáil ministry, which decided to uphold it, although
Constance Markievicz
Constance Georgine Markievicz ( ; ' Gore-Booth; 4 February 1868 – 15 July 1927), also known as Countess Markievicz and Madame Markievicz, was an Irish politician, revolutionary, nationalist, suffragist, and socialist who was the first woman ...
was reluctant.
The
Irish Republican Army
The Irish Republican Army (IRA) is a name used by various Resistance movement, resistance organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dominantly Catholic and dedicated to anti-imperiali ...
was empowered by the
First Dáil
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
to
court-martial
A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
and execute pro-unionist civilians for such crimes as "spying" and
collaboration
Collaboration (from Latin ''com-'' "with" + ''laborare'' "to labor", "to work") is the process of two or more people, entities or organizations working together to complete a task or achieve a goal. Collaboration is similar to cooperation. The ...
. The procedures at such trials depended on the local IRA leadership; many were
kangaroo court
Kangaroo court is an informal pejorative term for a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court ma ...
s imposing summary justice. Besides executions, IRA members also carried out combat operations, assassinations,
extrajudicial killings
An extrajudicial killing (also known as an extrajudicial execution or an extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, ...
, and personally motivated murders, with varying levels of sanction from the republican leadership; historians have commented that the dividing lines between these categories can be blurred and contentious; an example being the 1922
Dunmanway killings.
The 1922 committee drafting the
Constitution of the Irish Free State
The Constitution of the Irish Free State () was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, submitted three drafts, of which Draft B explicitly prohibited the death penalty; the
Provisional Government
A provisional government, also called an interim government, an emergency government, a transitional government or provisional leadership, is a temporary government formed to manage a period of transition, often following state collapse, revoluti ...
's final draft was based on Draft B but deleted this prohibition. British laws prescribing the death penalty thus
continued in force.
[
] The death penalty was retained because of the outbreak of the
1922–3 Civil War.
As well as the existing British laws, the Army (Emergency Powers) Resolution was passed by the provisional parliament on 28 September 1922 endorsing the
National Army (pro-treaty IRA) decision to codify emergency provisions including the establishment of military courts and tribunals with the power to impose death sentences.
The National Army made such regulations on 2 October 1922, revised 8–17 January 1923. In the course of the Civil War there were
81 executions by
firing squad
Firing may refer to:
* Dismissal (employment), sudden loss of employment by termination
* Firemaking, the act of starting a fire
* Burning; see combustion
* Shooting, specifically the discharge of firearms
* Execution by firing squad, a method of ...
under these military tribunals.
All summary executions 'official' (81) and 'unofficial' (130–50) were extrajudicial having no legal basis. All summary and arbitrary executions were carried out under martial-law introduced by the pro-treaty IRA on 11 July 1922. Unofficial executions were carried out with varying levels of government complicity.
In the first decades of the new state's existence, many petitions asking cabinet ministers to commute death sentences adverted to the fact that many ministers had themselves been under sentence of death by either the British or the
Irish Free State
The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
during
the revolutionary period.
Later executions
Between November 1923 and April 1954, there were a total of 35 executions in
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
. 55 men and women were also sentenced to death in that time period but ultimately received a reprieve. Thirteen were sentenced for murdering their newborns, and 42 for other types of murder.
In the 1920s, execution was relatively common for murderers.
The only woman executed after independence was Annie Walsh in 1925. She and her nephew blamed each other for the murder of her elderly husband. The press expected only the nephew to be found guilty, but both were. She was hanged aged 31 in spite of the jury recommending
clemency
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
.
In the absence of a local
executioner
An executioner, also known as a hangman or headsman, is an official who effects a sentence of capital punishment on a condemned person.
Scope and job
The executioner was usually presented with a warrant authorizing or ordering him to ...
, the Irish government retained the pre-independence custom of having a British hangman come to Mountjoy Prison to perform executions.
A resident Irishman, alias "Thomas Johnston", applied to Mountjoy in 1941, and in 1945, after two days' training from
Albert Pierrepoint
Albert Pierrepoint ( ; 30 March 1905 – 10 July 1992) was an English Executioner, hangman who executed between 435 and 600 people in a 25-year career that ended in 1956. His father Henry Pierrepoint, Henry and uncle Thomas Pierrepoint, Th ...
at
Strangeways, assisted Pierrepoint hanging James Lehman.
Hired as sole hangman for Joseph McManus in 1947, Johnston nervously ceded to Pierrepoint and never served again.
Increased IRA activity during the
state of emergency in World War II led to six executions.
[Remembering the Past: Executed IRA men reinterred](_blank)
''An Phoblacht
''An Phoblacht'' (Irish pronunciation: ; ) is a Sinn Féin-affiliated online Irish republicanism, Irish republican news platform which also publishes a quarterly print magazine format. Editorially the paper takes a Left-wing politics, left-wing ...
'' Five were shot by
firing squad
Firing may refer to:
* Dismissal (employment), sudden loss of employment by termination
* Firemaking, the act of starting a fire
* Burning; see combustion
* Shooting, specifically the discharge of firearms
* Execution by firing squad, a method of ...
after sentence by
military tribunal
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...
s under the
Emergency Powers Act 1939
The Emergency Powers Act 1939 (EPA) was an Act of the Oireachtas (Irish parliament) enacted on 3 September 1939, after an official state of emergency had been declared on 2 September 1939 in response to the outbreak of World War II. The Act empo ...
.
Of these,
Maurice O'Neill (Irish republican) and
Richard Goss had shot but not killed GardaÃ: the only people executed by the state for a non-murder crime.
(Two armed bank robbers were shot at
Tuam
Tuam (; , meaning 'mound' or 'burial-place') is a town in Ireland and the second-largest settlement in County Galway. It is west of the midland Region, Ireland, midlands of Ireland, about north of Galway city. The town is in a civil parishe ...
at the end of May 1922 by the pro-treaty army)
Charlie Kerins
Charlie Kerins (; 23 January 1918 – 1 December 1944) was a physical force Irish Republican, and Chief of Staff of the Irish Republican Army (IRA). Kerins was one of six IRA men who were executed by the Irish State between September 1940 and D ...
, the
IRA Chief of Staff
Ira or IRA may refer to:
*Ira (name), a Hebrew, Sanskrit, Russian or Finnish language personal name
* Ira (surname), a rare Estonian family name; occurs in some other languages
*Iran, UNDP code IRA
Law and finance
*Indian Reorganization Act of 19 ...
, executed for murdering a Garda, was hanged rather than shot, making the point of treating him as a common criminal rather than a
political prisoner
A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
There is no internationally recognized legal definition of the concept, although ...
.
Pierrepoint's autobiography claimed the IRA had ambitions to kidnap him while he was en route to Kerins.
Harry Gleeson, hanged in 1941 for the 1940
murder of Moll McCarthy, was granted a posthumous
pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
in 2015.
Seán MacBride
Seán MacBride (26 January 1904 – 15 January 1988) was an Irish Republican activist, politician, and diplomat who served as Minister for External Affairs from 1948 to 1951, Leader of Clann na Poblachta from 1946 to 1965 and Chief of Staff o ...
was Gleeson's defence counsel and attributed his later opposition to the death penalty to his belief in Gleeson's innocence.
Michael Manning was the last person executed in the Republic, while
Robert McGladdery
Robert Andrew McGladdery (18 October 193520 December 1961) was the last person to be executed in Northern Ireland and the island of Ireland.
He was convicted of the murder of Pearl Gamble, aged 19, whom he had battered, strangled and stabbed ...
was the last person executed on the island of
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
. Manning was
hanged
Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...
for
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
by
Albert Pierrepoint
Albert Pierrepoint ( ; 30 March 1905 – 10 July 1992) was an English Executioner, hangman who executed between 435 and 600 people in a 25-year career that ended in 1956. His father Henry Pierrepoint, Henry and uncle Thomas Pierrepoint, Th ...
on 20 April 1954. The same year,
Brendan Behan
Brendan Francis Aidan Behan (christened Francis Behan) ( ; ; 9 February 1923 – 20 March 1964) was an Irish poet, short story writer, novelist, playwright, and Irish Republican, an activist who wrote in both English and Irish. His widely ackno ...
's play ''
The Quare Fellow
''The Quare Fellow'' is Brendan Behan's first play, first produced in 1954. The title is taken from a Hiberno-English pronunciation of ''queer''.
Plot
The play is set in Mountjoy Prison, Dublin. The anti-hero of the play, The Quare Fellow, is n ...
'' premiered, in which the title character was modelled on
Bernard Kirwan, awaiting execution in Mountjoy while Behan was imprisoned there.
Legal developments
The 1922 "Special Powers Act" was replaced after the Civil War by a series of Public Safety Acts promoted by
Cumann na nGaedheal
Cumann na nGaedheal (; ) was a political party in the Irish Free State, which formed the government from 1923 to 1932. It was named after the original Cumann na nGaedheal organisation which merged with the Dungannon Clubs and the National Co ...
governments to counter residual republican paramilitary activity. The 1923 act, valid for six months, allowed the death penalty for "armed revolt against the Government of Saorstát Eireann
he Irish Free State, whereas the 1924 act, valid for one year, reduced this to life imprisonment. The
Treasonable Offences Act, 1925 defined such offences as treason punishable by death. The Court Officers Act 1926 phased out the office of
under-sheriff and transferred responsibility for executions to the
governor
A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
of the relevant prison; always
Mountjoy Prison
Mountjoy Prison (), founded as Mountjoy Gaol and nicknamed The Joy, is a medium security men's prison located in Phibsborough in the centre of Dublin, Ireland.
The current prison Governor is Ray Murtagh.
History
Mountjoy was designed by Cap ...
in practice. The Public Safety Act 1927, passed in response to the assassination of
Kevin O'Higgins
Kevin Christopher O'Higgins (; 7 June 1892 – 10 July 1927) was an Irish politician who served as Vice-President of the Executive Council and Minister for Justice from 1922 to 1927, Minister for External Affairs from June 1927 to July 1927 a ...
, provided for a special
military tribunal
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...
during a
state of emergency
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
, required the tribunal to pass death sentences for treason and murder, and permitted it to do so for unlawful possession of firearms; no
appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
would be permitted.
[Public Safety Act, 1927](_blank)
Irish Statute Book
The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments. The Act was originally to last five years, but was expired at the end of 1928. In 1931,
Eoin O'Duffy
Eoin O'Duffy (born Owen Duffy; 28 January 1890 – 30 November 1944) was an Irish revolutionary, soldier, police commissioner, politician and fascist. O'Duffy was the leader of the Monaghan Brigade of the Irish Republican Army (IRA) and a promin ...
used the threat posed by
Saor Éire to press for a new Public Safety Act, the
Constitution (Amendment No. 17) Act 1931.
[Constitution (Amendment No. 17) Act, 1931](_blank)
Irish Statute Book This empowered the tribunal to try a variety of crimes and impose a greater sentence than usual, including death, if "in the opinion of the Tribunal such greater punishment is necessary or expedient".
This provision was condemned by the
Fianna Fáil
Fianna Fáil ( ; ; meaning "Soldiers of Destiny" or "Warriors of Fál"), officially Fianna Fáil – The Republican Party (), is a centre to centre-right political party in Ireland.
Founded as a republican party in 1926 by Éamon de ...
opposition (which came to power following the
1932 general election) and was never invoked. The tribunal's sole death sentence was for murder, handed down in 1936 and commuted to life imprisonment.
Fianna Fáil introduced a new Constitution in 1937, which contained several references to execution:
;Article 13 section 6: The
right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in
the President, but such power of commutation or remission may, except in capital cases, also be conferred by law on other authorities.
;Article 40 section 4:
:;Subsection 5: Where an order is made under this section by the
High Court or a judge thereof for the production of the body of a person who is under sentence of death, the High Court or such judge thereof shall further order that the execution of the said sentence of death shall be deferred until after
the body of such person has been produced before the High Court and the lawfulness of his detention has been determined and if, after such deferment, the detention of such person is determined to be lawful, the High Court shall appoint a day for the execution of the said sentence of death and that sentence shall have effect with the substitution of the day so appointed for the day originally fixed for the execution thereof.
:;Subsection 6: Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of
the Defence Forces during the existence of a state of war or armed rebellion.
Article 39 of the Constitution narrowed the definition of
treason
Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
, and the Treason Act 1939 retained the death penalty for the redefined offence.
The military court operating during the Emergency of the Second World War was required to impose a sentence of "death by shooting", from which there was no appeal, although commutation was possible.
The crimes in its remit were: committing, "attempting or conspiring to commit, or aiding, abetting counselling or procuring the commission" of the following:— treason; murder; wounding while
resisting arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be Interroga ...
;
unlawful imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission.
Actual physical restraint is n ...
; causing an explosion; unlawful possession of explosives, firearms, or ammunition; damaging equipment of the
Defence Forces or "essential services"; and "obtaining, recording, or communicating in any manner likely to prejudice the public safety or the preservation of the State of any information directly or indirectly prejudicial to the State".
The Children Act 1941 raised the minimum age for execution from 16 to 17. A committee appointed "to Consider and Report on the Law and Practice relating to Capital Punishment" reported in 1941.
It comprised four judges with experience of murder trials, chaired by the
Chief Justice,
Timothy Sullivan
Timothy Daniel Sullivan (July 23, 1862 – August 31, 1913) was a New York politician who controlled Manhattan's Bowery, Manhattan, Bowery and Lower East Side districts as a prominent leader within Tammany Hall. He was known euphemistically as " ...
.
The committee was precluded from considering abolition of the death penalty.
It said the law was generally unproblematic, but recommended changes to the
insanity defence
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act ...
and also making
infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose being the prevention of re ...
a separate crime from murder.
The latter was effected by the Infanticide Act 1949. Since independence, all 13 death sentences for murder in such cases had been
commuted.
Seán Mac Eoin, the
Minister for Justice
A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, said the new act was intended "to eliminate all the terrible ritual of the black cap and the solemn words of the judge pronouncing sentence of death in those cases ... where it is clear to the Court and to everybody, except perhaps the unfortunate accused, that the sentence will never be carried out." Even before 1949, most infanticides were convicted of
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
or
concealment of birth rather than murder; conversely, a murder charge was still possible after 1949 (as in the 1984
Kerry Babies case).
The Criminal Justice Act 1951, in conformance with Article 13.6 of the Constitution, explicitly excluded capital cases from those to which
the Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
was granted the power to commute sentences. The Geneva Conventions Act 1962 permitted, but did not require, death sentences for
"Grave breaches" of the 1949 Geneva Conventions involving "wilful killing".
Successive
Ministers for Justice were asked in the Dáil about abolishing the death penalty: in 1936 by
Frank MacDermot
Francis Charles MacDermot (25 November 1886 – 24 June 1975) was an Irish barrister, soldier, politician and historian who served as Seanad Éireann, Senator from 1937 to 1943, after being Nominated members of Seanad Éireann, nominated by the ...
; in 1939 by
Jeremiah Hurley; in 1948 by
James Larkin Jnr
James Larkin Jnr (20 August 1904 – 18 February 1969) was an Irish Labour Party politician and trade union official.
He was born in Liverpool, England, the eldest of four sons of James Larkin, trade union leader, and Elizabeth Larkin (née B ...
and
Peadar Cowan; in 1956 by
Thomas Finlay; in 1960 by
Frank Sherwin; in 1962 by
Stephen Coughlan
Stephen Coughlan (26 December 1910 – 20 December 1994) was an Irish Labour Party (Ireland), Labour Party politician who served for sixteen years as Teachta Dála (TD) for the Limerick East (Dáil constituency), Limerick East constituency. Duri ...
. In each case the relevant minister dismissed the suggestion.
Seán MacBride
Seán MacBride (26 January 1904 – 15 January 1988) was an Irish Republican activist, politician, and diplomat who served as Minister for External Affairs from 1948 to 1951, Leader of Clann na Poblachta from 1946 to 1965 and Chief of Staff o ...
expressed personal support for abolition even while a minister in a government that oversaw the 1948 execution of William M. Gambon. In 1951–52, MacBride's Dáil motion that a
Select Committee consider whether to abolish the death penalty was defeated by 63 votes to 23. In 1956, the Seanad passed a motion "That in the opinion of Seanad Eireann the Government should consider the question of introducing legislation to abolish capital punishment or to suspend it for an experimental period".
Criminal Justice Act 1964
When
Seán Brady asked in February 1963, minister Charles Haughey announced "that the death penalty for murder generally will be abolished but it will be retained for certain specific types of murder." The same principle of limited retention was in the UK's Homicide Act 1957.
In 1984 Haughey said, "Very shortly after becoming minister for justice, I went up to Mountjoy to see the condemned cell and I was so revolted by the whole atmosphere that I resolved to do away with the death penalty."
The Criminal Justice Act 1964 abolished the death penalty for piracy with violence, some military crimes, Geneva Conventions breaches, and most murders. It continued to be available for:
* treason
* offences under military law, relating to
**neglect of Officer (armed forces), command
**assisting the enemy
**passivity as a prisoner of war
**mutiny
* "capital murder", i.e.
** of a Garda SÃochána, Garda or prison officer "acting in the course of his duty"; or
** for a political crime, political motive, of a foreign head of state, diplomat, or government member; or
** in the course or furtherance of certain offences under the Offences against the State Act 1939:
***Usurpation of functions of government (Irish republican legitimism, Irish republican legitimists believed the IRA Army Council was the legitimate government of Ireland)
***Obstruction of government (Oireachtas, legislative, Courts of Ireland, judicial, or Government of Ireland, executive branches)
***Obstruction of the
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
***Interference with Defence Forces (Ireland), military or Civil Service of the Republic of Ireland, other employees of the State
***Furtherance of the aims of an organisation which is unlawful for reasons other than tax resistance (this applied to the
Irish Republican Army
The Irish Republican Army (IRA) is a name used by various Resistance movement, resistance organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dominantly Catholic and dedicated to anti-imperiali ...
and Irish National Liberation Army)
The list of actions constituting "capital murder" was somewhat different from those in the 1957 UK act.
The Extradition Act, 1965 prevented extradition where the prisoner could be sentenced to death for a crime not punishable by death in Ireland.
The meaning of "capital murder" under the 1964 act was elucidated by the Supreme Court (Ireland), Supreme Court in the 1977 case of Noel and Marie Murray, convicted of capital murder after the 1975 shooting of a Garda, who was off duty and not in uniform, giving chase after they had robbed a bank. The court held that "capital murder" was a new offence, not merely a subtype of the existing Common law, common-law offence of murder; and that the Garda was acting "in the course of his duty", despite not being on duty; but that, as he was in plain clothes, the Murrays did not know he was a Garda; and so, while there was intent (''mens rea'') to commit murder, there was no intent to commit capital murder.
Commuted death sentences
From 1923 to 1964, 40 death sentences were commuted to life imprisonment; three condemned were found insane, and three died awaiting execution. Criminology professor Ian O'Donnell wrote in 2016 that murderers with commuted death sentences "were released after periods of time that would be considered absurdly short today". In the years 1946–62, 82 murders produced 73 arrests; of these 34 were unfit to plead because of insanity, 7 found guilty but insane, and 18 found guilty and thus Mandatory sentencing, mandatorily sentenced to death.
The sentences were executed on 3 and commuted on the other 15, including all three women.
Mamie Cadden was sentenced to be hanged in 1957 for felony murder rule, felony murder after performing an Abortion in the Republic of Ireland, illegal abortion on a woman who died.
Death sentences were passed on 11 people after the 1964 Act, for 5 different incidents involving the capital murder of a total of 6 Gardaà (police). All were imposed by the Special Criminal Court. The murders of several other gardaÃ, and of British ambassador Christopher Ewart-Biggs in 1976, might also have constituted capital crimes had any prosecution been brought. Before kidnapped businessman Tiede Herrema's 1975 rescue, ''The Irish Times'' reported government suggestions that his threatened killing by the IRA would be "furthering the activities of an unlawful organisation" and hence capital murder.
Of the 11 sentenced to death, 2 had the conviction for capital murder quashed on appeal, and were convicted instead of ordinary murder.
The death sentences of the other 9 were commuted by the President on the advice of the government, to 40 years' imprisonment without parole.
One conviction was overturned in 1995. The 40-year sentences were controversial, both because they had no statutory basis, and because they were not handed down by a judge. The Court of Criminal Appeal (Ireland), Court of Criminal Appeal has upheld the sentences as the extrajudicial procedure is in step with the Irish Constitution's provision for commuting sentences.
Four convicts were released in 1998 under the amnesty of political prisoners under the Good Friday Agreement. The remaining four protested that they were also eligible for the amnesty, but were not released under its provisions. The state refused to grant the standard remission of sentences due for good behaviour, which would make them eligible for parole after 30 years.
One of the four, Noel Callan, took a court case that he was entitled to remission, which was rejected by the High Court in 2011,
but upheld by the Supreme Court in 2013.
Two of the four, who had already served over thirty years, were released straight away, while Callan and the fourth were released in December 2015 upon reaching 30 years.
Abolition
Paschal Robinson, the Apostolic Nunciature to Ireland, papal nuncio to Ireland from 1930 to 1948, reportedly favoured a trial suspension of capital punishment. In 1937 Rosamond Jacob and John Henry Webb established the Society for the Abolition of the Death Penalty, which unsuccessfully lobbied that the Treason Act 1939 abolish the death penalty for treason.
Noel Browne introduced a private member's bill to abolish the death penalty in Ireland in March 1981.
The 16th Government of Ireland, Fianna Fáil government voted it down on its first reading.
Fine Gael had supported the first reading and would have allowed a free vote at the second reading; the Labour Party (Ireland), Labour Party supported abolition.
The the Troubles, Troubles were then ongoing, and the Minister for Justice, Gerry Collins (politician), Gerry Collins, in opposing the bill, referred to the four death sentences which were then pending appeal, and said "were we to abolish [the death penalty], and because of the violence of recent years, the pressure for arming the Garda would become extremely strong".
David Doyle comments that the implication that capital punishment was a deterrent to Physical force Irish republicanism was "particularly peculiar" in light of the 1981 Irish hunger strike, 1981 hunger strikes, in which ten republican prisoners chose to die.
After the 1981 Irish general election, general election in June 1981, the Government of the 22nd Dáil, Fine Gael–Labour coalition introduced a bill in the Seanad Éireann, Seanad to abolish the death penalty for treason and capital murder, which passed there but had not reached the Dáil when the government fell February 1982 Irish general election, in January 1982. Independent Senators introduced an identical bill, which began its second reading in 1985 but lapsed at the 1987 Irish general election, 1987 dissolution. The Government of the 24th Dáil, Fine Gael–Labour coalition was also drafting an abolition bill at the time. A 1986 Department of Foreign Affairs and Trade (Ireland), Department of Foreign Affairs briefing made public in 2017 said:
Independent Senators reintroduced abolition bills in 1987 and again after the 1989 election. In 1988, the Progressive Democrats (PDs) produced an aspirational "Constitution for a New Republic", which included a prohibition on capital punishment.
Ireland's 1989 ratification of the International Covenant on Civil and Political Rights (ICCPR), effective 8 March 1990, made a reservation (law), reservation to Article 6(5). The Article reads "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women." The Irish government's declaration read "Pending the introduction of further legislation to give full effect to the provisions of paragraph 5 of Article 6, should a case arise which is not covered by the provisions of existing law, the Government of Ireland will have regard to its obligations under the Covenant in the exercise of its power to advise commutation of the sentence of death."
[
] The legislation referred to was the Child Care Bill 1988,
which became law in 1991; a section was to have been included to raise from 17 to 18 the minimum age for the death penalty.
In May 1989, Fianna Fáil minister Michael Woods (Irish politician), Michael Woods stated:
After the 1989 Irish general election, June 1989 general election, Fianna Fáil 21st Government of Ireland, formed a coalition with the PDs; the agreed programme for government included abolishing the death penalty in Ireland. Despite opposition from Garda representative organisations, the death penalty was abolished for all offences by the Criminal Justice Act 1990, which made Life imprisonment in Ireland, life imprisonment the penalty for what had been capital crimes, and all except the military crimes had a minimum sentence, minimum term of not less than forty years; remission rules are stricter than for other crimes. The Child Care Bill 1988 was still pending, so the section relating to the death penalty was removed as superfluous.
[Dáil debates, Vol.403 c.2635](_blank)
/ref> Although media sometimes still use the term "capital murder", the legal term is now "murder to which section 3 of the Criminal Justice Act 1990 applies". In 1993, the then Tánaiste, Dick Spring, said in Vienna that the 1990 abolition should be made irreversible, which Taoiseach Albert Reynolds later confirmed was government policy and would involve a constitutional amendment. However, the government fell six months later.
One recommendation of the 1996 Constitutional Review Group was:
Article 40.4.5° prescribed the treatment of those under sentence of death; Article 28.3.3° deals with the suspension of rights during a state of emergency
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
. On 7 June 2001, the Twenty-first Amendment of the Constitution of Ireland was one of three proposed amendments put to referendums. It added Article 15.5.2°, which prohibits the death penalty; deleted as redundant Article 40.4.5° and several other references to "capital crimes"; and amended Article 28.3.3° to prevent the death penalty being imposed during an emergency. The Referendum Commission produced an information booklet, with arguments for and against the amendment derived from submissions it had solicited from the public. The amendment was passed on a voter turnout, turnout of 34.79%, with 610,455 in favour and 372,950 against. The 38% no-vote was higher than the 28% predicted by polls; there were suggestions that the wording of the ballot question was confusing and that some voters were expressing dissatisfaction with the government.
Ireland adopted the Second Optional Protocol to the International Covenant on Civil and Political Rights, Second Optional Protocol to the ICCPR in 1993,[
] and the Sixth Protocol to the European Convention on Human Rights (ECHR) in 1994,[Ireland: Human Rights (Convention and Protocols only): Treaties signed and ratified or having been the subject of an accession](_blank)
18 November 2009 Council of Europe both of which prohibit the death penalty in peacetime. The reservation to ICCPR Article 6(5) was withdrawn in 1994.[fn.25]
International Covenant on Civil and Political Rights: Signatories
United Nations Treaty Series, Chapter IV, No. 4
Ireland ratified the Thirteenth Protocol to the ECHR, which prohibits the death penalty in wartime, at its opening in 2002. As Ireland and the European Union, a member of the European Union (EU), Ireland is subject to the Charter of Fundamental Rights of the European Union, EU Charter of Fundamental Rights, an extension of the ECHR proclaimed in 2000 which became European Union law, EU law in 2009.
Reinterment
Those hanged in Mountjoy were buried in unmarked graves in the prison yard. After the 2015 pardon of Harry Gleeson, his next of kin sought his remains for reburial. In 2024 forensic archeologists began excavations in the yard and by July had uncovered 17 sets of remains. Gleeson was reburied in his home place of Holycross on 7 July 2024. The Department of Justice envisages burying the other bodies "respectfully in a suitable cemetery".
Debate
, the last scientific opinion poll of Irish support for the death penalty was an international survey in 2000, in which Ireland ranked third lowest of 59 countries at 17%.[Doyle & O'Callaghan 2019 p.251] Doyle and O'Callaghan comment: "This does not imply widespread active popular opposition to the death penalty in Ireland, but there was, at least, a great deal of indifference to it and very little desire to see it ever reintroduced". The media occasionally reports calls to reconsider the ban on capital punishment. In November 2009, Richard Johnson (judge), Richard Johnson, recently retired as President of the High Court, said that he favoured reintroduction of the death penalty in limited circumstances, such as murder committed during armed robbery, armed robberies. The Irish Council for Civil Liberties described his remarks as "deeply misguided and frivolous". At the January 2010 meeting of the Mid-West Regional Authority, two members of Clare County Council called for "a public debate" on the death penalty. In June 2010, after Limerick feud, several gang-related murders in Limerick, outgoing Mayor of Limerick City, mayor Kevin Kiely (politician), Kevin Kiely advocated the death penalty for "anyone involved in the planning and Premeditated murder, premeditation of a murder". The National Party (Ireland, 2016), National Party, a right-wing group established in 2016, supports reintroduction of the death penalty for "particularly heinous crimes". Kevin Sharkey, seeking to run in the 2018 Irish presidential election, supported the death penalty for home invasions on the elderly.
See also
* :Prisoners sentenced to death by Ireland, Prisoners sentenced to death by Ireland, includes those executed
*Black cap
*History of cannabis in Italy#Gallows hemp rope, Gallows hemp rope
References
Footnotes
Sources
*
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Citations
External links
* Lists of all those executed, from "Capital Punishment U.K." site:
*
Irish executions 1835 - 1899
*
*
tag:"Death Penalty"
archive of RTÉ News broadcasts
{{DEFAULTSORT:Capital Punishment in Ireland
Penal system in the Republic of Ireland
Capital punishment by country, Ireland
Irish criminal law
Death in the Republic of Ireland
Human rights abuses in Ireland
1990 disestablishments in Ireland