The Operation of the Dáil Courts in the Years Preceding the Irish Free State

THE OPERATION OF THE DÁIL COURTS IN THE YEARS PRECEDING THE IRISH FREE STATE

Lisa Owens

Introduction

The aim of establishing an Irish court system was to render non-violent British administration in Ireland obsolete.1 At the First Annual Convention of the National Council in 1905, Arthur Griffith presented ‘The Sinn Fein Policy’2 and asserted that a national court system in Ireland was desirable.3 By 18 June 1919, Dáil Éireann decreed the establishment of National Arbitration Courts.4 This essay examines how the Arbitration Courts (later renamed the Dáil Courts) became a remarkable rival court system to the British administration. The Dáil Courts operated underground and in arbitrary locations. Although there were many impracticalities hindering how the Dáil Courts operated, this article contends that they were also incredibly efficient at times and carried out the functions of an effective judiciary.

Development of the Arbitration Courts

The creation of rival governmental agencies has been described as one of the most striking aspects of the Irish Revolutionary movement.5 At a Ministry meeting of 23 June 1919, a committee on the Arbitration Courts was set up.6 Griffith was the Chair of the Committee, which first met in late July 1919, and established a scheme for how the courts would operate.7 It was agreed the courts would include a Supreme Court with three justices and there would be District Courts ‘with jurisdiction corresponding in area to the County Court Judge’s jurisdiction.’8 Petty Courts would function at a lower level corresponding to Petty Session Districts and a justice would be appointed to each chapel

1 Cahir Davitt, ‘The Civil Jurisdiction of the Courts of Justice of the Irish Republic 1920-1922’ (1968) 3(1) Irish Jurist 112. 2 The Constitution and aims of Sinn Féin printed in The Irish Year Book 1909 , Dublin 1909, pp. 356-359 included the establishment of National Courts of Arbitration. 3 Padraic Colum, ‘Arthur Griffith: Irish Statesman’ (1954) 23(4) The American Scholar 467, 475. 4 J.P Casey, ‘The Genesis of the Dáil Courts’ (1974) 9(2) Irish Jurist 326, 327. 5 Davitt (n 1). 6 Dorothy Macardle, The Irish Republic (paperback edn 1968) 280. 7 Davitt (n 1) 112. 8 Ibid.

area.9 The proposals made by the committee following this initial meeting were somewhat impractical. According to J.P Casey it was a difficult task locating qualified individuals to employ as District Court judges.10 In late August, Griffith submitted the scheme to the Dáil. This resulted in the passing of a decree which stipulated that all justices and registrars of the Supreme Court would be paid.11 However, by October 1919 there was no extensive publicity for the establishment of the Arbitration Courts and the process of initiating proceedings had ‘still not been decided on.’12

The Dáil Courts

In June 1920, Arbitration Courts dotted around the country were transferred under the direction of Austin Stack, Minister for Home Affairs, and were renamed the ‘Dáil Courts.’13 This system would replace the British Court system to reduce the power of British administration in Ireland. Dáil Court hearings began with the first being held in May 1920 in Ballinrobe Town Hall Co. Mayo.14 In January 1921 Stack issued an official pamphlet bearing on its cover Saorstat na hÉireann, Judiciary, Rules and Forms, Parish and District Courts.15 The Pamphlet declared the establishment of a Supreme Court, District Courts and Parish Courts.

Parish Courts

Each Catholic area had a Parish Court consisting of three members.16 No legal qualifications were required to sit on the Parish Court and the Minister could appoint any person of whose legal qualifications he was satisfied to sit. Parish Courts had jurisdiction to deal with claims not exceeding £10 in value or damage. They also had jurisdiction to handle applications in proceedings under the Increase of Rent and Mortgage Interest rules.17 Parish Courts did not adjudicate over matters involving title to land or trade disputes. Persons seeking the aid of a Parish Court in a civil matter applied to the clerk of their local court. Once a court clerk had gathered necessary

9 ibid. 10 Casey (n 4) 327. 11 Davitt (n 1) 112. 12 Report from the Ministry of Home Affairs cited in Casey (n 1) 326. 13 Anne-Marie O’Connell, ‘National identity and judicial interculturality in Ireland: The Dáil Courts experience (1919-1924) 2016 Identity and Interculturality 88, 105. 14 ibid. 15 Davitt (n 1) 113. 16 Casey (n 4) 327. 17 ibid.

particulars including the payment of a fee, they would fill in a form, make a copy and obtain a signature from a member of the court.18 Where parties involved in a case did not reside in the same parish, proceedings would be brought to the parish in which any of the defendant(s) resided.19

District Courts

District Courts consisted of five members. They dealt with matters which included appeals from Parish Courts, claims exceeding £10 but not more than £100 in value or damage, and cases involving a question of title to lands that could not have been brought in the County Court.20 District Court proceedings were ordinarily to be initiated by a civil bill. This was a document almost identical to the Parish Court civil process. A defendant involved in District Court proceedings was required to appear personally or by a solicitor.21 A civil bill had to be signed by the registrar or a solicitor and served by the District Court messenger. The period under which a bill had to be served prior to a court sitting depended on the amount claimed. In equity cases, when the claim exceeded £100, a plaintiff was required to file an affidavit testifying the facts of his case.22 All trials before District Courts were to be conducted by oral evidence and oral argument save for exceptional circumstances. Three times a year a Circuit Judge presided in a District Court, and such sittings were termed ‘circuit sittings.’23 At circuit sittings a District Court had unlimited jurisdiction and a circuit Judge would sit alone and decide all questions of law. Circuit sittings heard appeals from decisions of the ordinary District Court in claims exceeding £100 or involving title to lands exceeding £30.24

The Supreme Court

The Supreme Court consisted of three sitting members who had to be legally qualified persons of at least twelve years’ standing unless a Minister determined otherwise.25 A Supreme Court judge was appointed by the Dáil and was usually someone who also

18 ibid. 19 O’Connell (n 13) 105. 20 Casey (n 4) 327. 21 Brian Farrell, ‘The Legislation of a ‘Revolutionary’ Assembly: Dáil Decrees, 1919-1922’ (1975) Irish Jurist 112-127. 22 O’Connell (n 13) 88. 23 Casey (n 4) 326. 24 ibid. 25 ibid.

functioned as a Circuit Judge or member of the Land Commission.26 Ordinarily, the decision of the majority was the final decision of the court but where there was divided opinion amongst the judiciary the President made the final decision. All members of the Supreme Court could exercise the powers of a Circuit or District Judge. The court had both an original and an appellate jurisdiction.27

Operation of the Courts

Every court member was required to subscribe to an oath or affirmation declaring their allegiance to the Republic of Ireland and that they would administer justice without fear, favour, ill-will or the hope of reward.28 By July 1921, the design and constitution of the courts had taken shape and the organisation of Parish and District Courts enabled them to begin to operate. However, as the Crown forces became more active the courts were forced to move underground. There was no code of law for the courts to follow. Courts had to administer justice as they saw it and standing members regulated their own procedure. One successful circuit sitting took place in North Longford where the judge went on to arrange for courts to be held in Mayo.29 However, this judge was later arrested by Crown forces and papers relating to this sitting in Longford were found in his possession.30 He was convicted and sentenced to imprisonment for eighteen months, reflecting how impractical it was for the courts to operate securely.

Success of the Courts

Between March and July 1921, circuit sittings were held in North and South Longford, as well as various parts of Clare, Limerick and Cork.31 Anyone who took part in the Dáil Courts was liable to prosecution or imprisonment. Sittings were held in county council offices, workhouses, hospital buildings, schools, farmhouses and barns.32 Between the end of the War of Independence and the signature of the Anglo-Irish Treaty, there was a significant increase in the volume of business transacted in the courts, particularly at a District and Circuit Court level.33 This period allowed for continuous communication between the Department of Home Affairs and Court offices

26 Davitt (n 1) 112. 27 ibid 119. 28 Casey (n 4) 326. 29 ibid. 30 ibid. 31 Davitt (n 1) 123. 32 ibid 124. 33 ibid

outside of Dublin. One circuit sitting of the Dáil Courts, Beirne and Others v Kilgallon,34 made an order for specific performance by the defendant of an agreement for the sale for £6,000 of land. This case later came before the Supreme Court on appeal on 9 November 1921.35

Abolition of the Dáil Courts

After the signature of the Anglo-Irish Treaty in December 1921 a decree was issued by the new Free State Government that the court system should continue to carry out their functions. However, there were still two rival court systems operating under the new provisional government.36 It was the Provisional Government's preference that the old pre-1919 court system be revived instead of Dáil Courts which had continued invariably to function and were the only court system in many rural areas.37 The Dáil Courts came to an end after the outbreak of the Civil War. Under the heading ‘Courts’ the minutes of the new Free State Government of 10 July 1922 reflected the end of the Dáil Courts stating that ‘their activities should be restricted as far as possible for the present and ultimately stopped altogether.’38

Conclusion

The Dáil Courts were a significant part of Ireland’s struggle against the power of colonial institutions. Their existence was a short but intense moment of judicial experiment and wonder. From 1919-1922 crown forces constantly moved to suppress any efficiency within the judicial system. However, the courts succeeded in dispensing justice around the country for many months before the Free State Government called for their abolition. The Dáil Courts demonstrated that Irish people could maintain and operate a judicial system during a period of chaos.

34 Beirne and Others v Kilgallon [1922] Dáil Eireann Supreme Courts. 35 Davitt (n 1)125. 36 Mary Katsonouris, The Winding Up of the Dáil Courts, 1922-25, An Obvious Duty ( (edn 19) 14. 37 Farrell (n 21) 122. 38 Minutes 10 July Provisional Government; see Brian Farrell ‘The Drafting of the Irish Free State Constitution: IV (1971) 6 Irish Jurist 345.