The Reluctant Taoiseach

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The Reluctant Taoiseach Page 63

by David McCullagh


  Costello’s role in foreign affairs, and in relation to the North, was also significant at this time. His pro-American views, set out during his visit to the United States and in a subsequent memorandum for government, set the tone for Ireland’s first appearance at the United Nations. At the same time, though, he was wary of matching his words with action, and reacted cautiously to a top-secret American request for military facilities at Shannon Airport.

  On the North, he pursued a more restrained and effective policy in his second administration. He eschewed the “sore thumb” tactics of Seán MacBride, stressing co-operation rather than confrontation with Stormont, and beginning the policy of seeking improvements for nationalists within Northern Ireland rather than constantly harping on partition.

  There has been criticism of his failure to act sooner and with more severity against the IRA. Certainly a more proactive policy in 1954 or 1955 might have derailed plans for the Border Campaign. And, as de Valera’s government would show, it took emergency measures to defeat the IRA. Costello’s moderate response has usually been attributed to the need to retain the support of Clann na Poblachta. But there was another reason. Adherence to the rule of law was a principle for him throughout his career. It can be seen in his reluctance to contemplate emergency measures as Attorney General; in his criticism of government by decree during the Second World War; in his desire to bring Republicans within the constitutional fold in 1948; and in his Declaration of the Republic, which he frequently characterised as an attempt to “take the gun out of Irish politics”.

  And it shouldn’t be forgotten that the Second Inter-party Government did move against the IRA at the start of 1957. It may have been too little, too late, but Costello and his colleagues paid a high price for their actions, which caused an election at the worst possible time for the Government parties. Clann na Poblachta’s withdrawal of support consigned Fine Gael and Labour to the opposition benches for 16 years. It also, of course, consigned MacBride’s party to the dustbin of history.

  His time as Taoiseach was only one aspect of Jack Costello’s long and varied career. He was one of the nationalist students in pre-First World War Dublin who expected to come into their political inheritance under Home Rule; he lived through the War of Independence and the Civil War, though as an observer rather than a participant; he became Attorney General and was deeply involved in the development of the Commonwealth in the 1920s; a defender of the Blueshirts in the legal and the political sphere, he played a role in the development of the new Constitution; and he continued to influence legislation as a backbencher well into his seventies.

  Above all, of course, he was one of the leading barristers of his day, and remained deeply involved in the profession until shortly before his death. Lemass, who like de Valera took a dim view of lawyer TDS, told a young colleague that legal training was the worst kind for a political career. He argued that lawyers reached a conclusion, and then considered how the facts could be used to support it; a politician should arrive at conclusions based on the facts.15 On the other hand, barristers have a way with words, and this stood Costello in good stead in the political sphere—he was able to argue a case with force and passion, and this came through in his Dáil contributions. He also had a good grasp of the details of legislation and what the practical implications of changes were.

  As a barrister, he tended to become utterly convinced of whatever case he happened to be arguing: “… he threw himself into a case with immense zest, apparently utterly unable to conceive that his client might be in the wrong”.16 Once, he told his children about a case involving a nurse who was minding a baby when a hot water bottle leaked and the baby was scalded. The children immediately expressed sympathy for the baby, to the indignation of their father. “Poor baby? Poor nurse! The hot water bottle was faulty!”17 No doubt his attitude would have been different had he represented the parents rather than the nurse.

  Jack Costello’s professional belligerence and desire to win an argument could at times be taken to extremes—even a guest appearance at a student debating society could see all the oratorical skills of the courtroom applied to demolish an auditor’s inaugural paper. Historian Ronan Fanning was very unimpressed with such a performance in the mid-1960s when Costello “tore into the Auditor as if he was dealing with Dev in the Dáil. It was choleric, bad tempered and utterly inappropriate.”18

  Within the family circle, and with close friends, the belligerent pose of the advocate disappeared. His son Declan recalled his amazement as a child when he first saw his father on a political platform, hearing the kindly man he knew at home transformed into “a fierce orator”.19 Those who experienced the kindness which lay under his pugnacious manner always spoke well of John A. Costello. One of those was Noel Hartnett, the former Clann na Poblachta activist who fell out with MacBride, and by extension with Costello. In the 1959 profile of the former Taoiseach quoted above, Hartnett referred to Costello’s reluctance to take on the job as Taoiseach, and commented, “Politically he had greatness thrust upon him. Future generations will discern that he fully measured up to his responsibility.”20 That seems like a fair assessment.

  REFERENCES

  Introduction

  1. Speech at retirement function, JACP, P190/350.

  2. O’Higgins speech, ibid.

  3. Keogh, Dermot, Jack Lynch, p. 474.

  4. “Seven Days”.

  5. News Review, 14 April 1949, in JACP, P190/547.

  6. JAC to Declan Costello, 29 February 1948, in possession of Declan Costello.

  7. Ibid.

  8. IT, 6 January 1976.

  9. Interview with Mick Kilkenny.

  10. Correspondence with Isabelle Sutton.

  11. Parker to Costello, 17 March 1948, JACP, P190/376. Little Audrey was a fictional heroine of American jokes in the 1930s who found humour in unlikely situations.

  12. IT, 6 January 1976.

  13. See, for example, papers relating to his involvement in the Royal United Kingdom Beneficent Association, JACP, P190/348.

  14. Lemass interview, IP, 29 January 1969.

  15. Interview with Ronan Keane.

  16. Lynch, Patrick, “Pages from a Memoir”, in Lynch and Meenan (eds), Essays in Memory of Alexis FitzGerald, p. 40.

  17. Interview with Declan Costello.

  18. Undated memorandum from Alexis FitzGerald, JACP, P190/390.

  19. Undated memorandum from Alexis FitzGerald, JACP, P190/390.

  20. Interview with Declan Costello.

  21. Fr J.J. Mathews to Costello, 26 February 1948, JACP, P190/372.

  22. Interview with Declan Costello.

  23. Address to University of Dublin Philosophical Society, 28 October 1948, JACP, P190/447.

  24. Interview with Patrick Lynch, 1996.

  25. Interview with Declan Costello.

  26. News Review, 14 April 1949, JACP, P190/547.

  27. DÉD, 16 June 1936, Vol. 62, Cols. 2436/7.

  28. Interview with Jacqueline Armstrong.

  29. “Seven Days”.

  30. Irish Golf, March 1948 JACP, P190/360. The fact that the then Taoiseach kept the magazine suggests it was of more than passing interest to him.

  31. Interview with Declan Costello.

  32. Irish Golf, March 1948.

  33. Interview with Declan Costello.

  34. Interview with Declan Costello.

  35. News Review, 14 April 1949.

  36. DÉD, 3 July 1935, Vol. 57, Cols 1635/6.

  37. Interview with Muiris Mac Conghail.

  38. 21 July 1948, Jowitt to Costello, NAI, Taoiseach’s Private Office, 97/9/862.

  39. Interview with Tom Finlay.

  40. News Review, 14 April 1949, JACP, P190/547.

  41. Interview with Richie Ryan.

  42. Profile of Costello by Noel Hartnett, in Development, November 1959, JACP, P190/969.

  43. Kingsmill Moore to Costello, 18 February 1948, JACP, P190/372.

  44. The O’Mahony to Costello, 31 May 1948, JACP, P19
0/397.

  Chapter 1 The value of practice

  1. “The Old Order Changeth, Yielding Place to New” by John A. Costello, NS, July 1911.

  2. NS, March 1912.

  3. Interview with Ronan Keane.

  4. He shared this lower middle class background with W.T. Cosgrave. Eunan O’Halpin has written, “It would be as unwise to ignore Cosgrave’s modest background as to harp on it.” Entry on Cosgrave in McGuire, James, and James Quinn, Dictionary of Irish Biography.

  5. Birth Certificate, JACP, P190/959.

  6. Information from Fran Leahy, Human Resources Manager, Property Registration Authority (the successor to the Registry of Deeds).

  7. 1911 Census.

  8. 8 March 1948, reply to Lord Rugby query, NAI, Taoiseach’s Private Office, 97/9/823.

  9. 31 January 1949, Brother Michael Garvey to Costello, NAI, Taoiseach’s Private Office, 97/9/937.

  10. Correspondence with John Costello.

  11. Descriptions from Guy’s Directory 1893 and Irish Tourist Association Survey, 1942/3, both accessed through the Clare Library website, http://www.clarelibrary.ie/eolas/coclare/genealogy/genealog.htm.

  12. Interview with Declan Costello. This slight connection was enough for Declan to be invited to write the foreword to a book marking the school’s centenary.

  13. Information from Fran Leahy.

  14. Thom’s Directory, 1898.

  15. Information from Fran Leahy.

  16. Thom’s, 1913.

  17. Thom’s, 1927.

  18. Interview with Declan Costello.

  19. IT, 22 October 1936.

  20. FJ, 6 June 1908.

  21. FJ, 13 March 1909.

  22. II, 13 October 1905.

  23. FJ, 20 May 1914.

  24. See Commander A.J. O’Brien-Twohig to JAC, 26 February 1948, JACP, P190/375.

  25. Frederick Scales to Costello, 25 February 1948, JACP, P190/379.

  26. See, for instance, JAC speech to the Irish Conference of Professional and Service Associations, 8 November 1958, JACP, P190/946. “… as the son of a civil servant … I have … endeavoured to do what was possible to advance their interest …”

  27. Interview with Declan Costello.

  28. Garvin, Tom, Judging Lemass, p. 41.

  29. “Seven Days”.

  30. Interview with Jacqueline Armstrong.

  31. Original purchase of house recorded in Registry of Deeds, 1890/60/210; memorial of indenture of assignment 1891/22/262.

  32. Will of Bridget Callaghan, JACP, P190/958. Bridget appears to have been well off—she also had an interest in a house in Grosvenor Road, which was left to another sister and niece, as well as her own house in the upmarket Wellington Road, which she left to her nephew John A. Costello—provided he paid for her funeral, and spent £50 on having Masses said for her parents and siblings. He was also to receive any residue of her property. His father and brother, John senior and Tom, who were named as trustees, were not to receive anything.

  33. School history from St Joseph’s, Fairview, website, http://www.stjosephscbs.ie/.

  34. See John Ryan to Costello, 20 February 1948, JACP, P190/378.

  35. Interview with Declan Costello.

  36. Brother J.A. Kean to Costello, 21 February 1948; JACP, P190/370.

  37. O’Connell School Centenary Record, Dublin, June 1928, p. 11.

  38. Ibid., p. 20.

  39. Ibid., p. 21.

  40. Patrick Judge, “The O’Connell School Museum”, in Patrick Judge (ed.), O’Connell School: 150 Years, p. 72.

  41. Frank O’Beirne to Costello, 20 February 1948, JACP, P190/375.

  42. Judge (ed.).

  43. Patrick J. Stephenson, “School and Environs: A Galaxy of Famous Names”, in Judge (ed.), p. 121.

  44. O’Connell School Centenary Record, p. 25.

  45. Results of annual examinations 1907, published by O’Connell Schools (Christian Brothers), North Richmond Street, Dublin. Information from Darragh O’Donoghue, archivist, Allen Library, Dublin.

  46. O’Connell Schools and Mary’s Place Register, 1904–1918. Hours at Science were recorded for each student as they affected the size of the grant received by the school. Information from Darragh O’Donoghue.

  47. Results of annual examinations 1908. Information from Darragh O’Donoghue.

  48. Interview with Declan Costello.

  49. Tom Fahy to Costello, 19 February 1948, JACP, P190/390.

  50. See E. O’Mahoney to Costello, 26 November 1971, and undated reply, JACP, P190/918.

  51. “Seven Days”.

  52. NS, November 1910.

  53. Meenan, James (ed.), Centenary History of the L&H, p. 93.

  54. Ibid., p. 108.

  55. Ibid., p. 112.

  56. Cox diary, Irish Jesuit Archives, Arthur Cox Papers, N3/5.

  57. FJ, 30 July 1909.

  58. FJ, 27 June 1910.

  59. II, 11 January 1926.

  60. II, 23 May 1955—Costello referred to first being in Salthill more than 50 years before on his way to Aran.

  61. DÉD, 4 April 1935, Vol. 55, Col. 1980.

  62. L&H Minute Book, general meeting, 9 March 1912, in UCDA, Soc 2/3.

  63. Meenan, James, George O’Brien: A biographical memoir, p. 30.

  64. Quoted in ibid., p. 29.

  65. Ibid., p. 29.

  66. “JAC Remembers”, IT, 4 September 1967.

  67. F.J. Wade to Costello, 19 February 1948, JACP, P190/381. Unfortunately this letter doesn’t clarify what type of football was involved, whether soccer, Gaelic or rugby.

  68. Frank Whelan to Costello, 24 February 1948, JACP, P190/381.

  69. Mrs Deena Wallis to Costello, 21 February 1948, JACP, P190/381.

  70. Interview with Declan Costello; correspondence with Georgina Sutton.

  71. Information from John Costello.

  72. De Vere White, Kevin O’Higgins, p. 9.

  73. “The Old Order Changeth, Yielding Place to New” by John A. Costello, NS, July 1911.

  74. McCague, Eugene, Arthur Cox, p. 28.

  75. JAC memorandum on Tom Bodkin, for use by “This Is Your Life”, 29 January 1960, JACP, P190/813.

  76. George O’Brien in Meenan (ed.), p. 110.

  77. JAC memorandum on Tom Bodkin, 29 January 1960, JACP, P190/813.

  78. “Seven Days”.

  79. NS, May 1913.

  80. Cahir Davitt in Meenan (ed.), p. 115.

  81. L&H notes, NS, November 1910.

  82. Cox in Meenan (ed.), p. 104.

  83. Michael McGilligan in Meenan (ed.), p. 98.

  84. NS, December 1911.

  85. Bodkin in Meenan (ed.), p. 88.

  86. JAC memorandum on Bodkin, 29 January 1960, JACP, P190/83.

  87. L&H minute book, 18 February 1911, in UCDA, Soc 2/3.

  88. L&H minute book, 25 February 1911.

  89. NS, April 1911.

  90. L&H minute book, 6 May 1911.

  91. NS, April 1911. Those were the days when three children were regarded as a “small family”.

  92. NS, December 1911.

  93. Michael McGilligan in Meenan (ed.), p. 100.

  94. L&H minute book, undated but 2 December 1911, in UCDA, Soc 2/3.

  95. L&H minute book, 2 June 1911.

  96. L&H minute book, 2 March 1912 and 16 March 1912.

  97. For instance, L&H minute book, 9 March 1912, JAC opposed the motion “That the Young Ireland movement was not politically effective”, getting the second highest mark of 6.6, while Cox got just 6.44.

  98. NS, March 1912.

  99. L&H minute book, 4 May 1912.

  100. NS, June 1912.

  101. McCague, p. 7.

  102. Arthur Cox in Meenan (ed.), p. 107.

  103. “JAC remembers”, IT, 4 September 1967.

  104. Charles Lysaght in Callanan, Frank (ed.), The L&H, p. 58.

  105. NS, June 1912.

  106. Cox in Meenan (ed.), p. 106.

  107. Ibid.

  108. NS, June 1912.
>
  109. Davitt in Meenan (ed.), p. 116.

  110. Quoted in Meenan, 1980, p. 35.

  111. George O’Brien in Meenan (ed.), p. 111.

  112. L&H minute book, 25 May 1912.

  113. Arthur Cox diary, 4 May 1913.

  114. NS, February 1913.

  115. L&H minute book, general meeting, 8 February 1913.

  116. L&H minute book, general meeting, 1 March 1913.

  117. L&H minute book, EGM for Inter-debate, 6 February 1913.

  118. FJ, 7 February 1913.

  119. Cox Diary, 1 March 1913.

  120. Cox Diary, 4 March 1913.

  121. Cahir Davitt in Meenan (ed.), p. 119.

  122. Michael Tierney in Meenan (ed.), p. xxvi.

  123. Cox Diary, 17 May 1913.

  124. EH, 27 January 1951.

  125. Callanan in Callanan (ed.), pp 3 and 8.

  126. Eamon Delaney in Callanan (ed.), p. 253.

  127. Callanan in Callanan (ed.), p. 8.

  128. ILT&SJ, 20 May 1922.

  129. NAI, S 3874 A.

  130. Cox in Meenan (ed.), p. 106.

  131. “Seven Days”.

  132. 8 December 1969, speech to Presentation evening at Jury’s to mark his retirement, JACP, P190/350.

  133. DÉD, 26 November 1958, Vol. 171, Cols. 1008/9.

  134. NS, December 1913.

  135. McCague, p. 17.

  136. Cox Diary, 1 May 1913.

  137. Cox Diary, 6 May 1913.

  138. Cox Diary, 20 May 1913.

  139. Cox Diary, 22 May 1913.

  140. Cox Diary, 3 June 1913.

  141. Cox Diary, 23 June 1913.

  142. Cox Diary, 30 June 1913.

  143. Cox Diary, 19 July 1913.

  144. McCague, p. 17.

  145. FJ, 31 October 1914.

  146. Hogan, Daire, The Honourable Society of King’s Inns, p. 7.

  147. Ibid., p. 20.

  148. Mackey, Rex, Windward of the Law, p. 23.

  149. O’Higgins, T.F., A Double Life, p. 58.

  150. Mackey, pp 23/4.

  151. Mackey, pp 22/3.

  152. ILT&SJ, 6 June 1914.

  153. ILT&SJ, 31 October 1914.

  154. ILT&SJ, 25 October 1913.

  155. Studies, December 1913, p. 439.

 

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