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Dáil Courts
The Dáil Courts were the judicial branch of government of the short-lived Irish Republic, during the Irish War of Independence.〔The Constructive Work of Dáil Éireann No.1 23〕 They were formally established by a decree of the First Dáil Éireann on 29 June 1920, replacing more limited Arbitration Courts that had been authorised a year earlier. The Dáil Courts were an integral part of the Irish Republic’s policy of undermining British rule in Ireland.〔The Constructive Work of Dáil Éireann No.1 5〕
== Precursor Arbitration Courts ==
The precursor of the Dáil Court system was a forum for arbitration commonly known as the 'Sinn Féin Court'.〔Carey, J.P.(a) 327〕 In 1904, Arthur Griffith had reiterated the idea of National Arbitration Courts in every county:
At a Ministry meeting of 23 June 1919, it was decided to set up a committee on Arbitration Courts.〔Carey, J.P.(a) 328〕 Unlike the rules that then regulated who could become a Justice of the Peace, women were expressly eligible to become judges in the new courts.〔The Constructive Work of Dáil Éireann No.1〕 The general idea of Parish and District Courts on the lines of those then operating in South County Mayo, County Galway and West County Clare was approved.〔Carey, J.P.(a) 334〕 The Parish Courts were usually arbitrated by local Irish Republican Army, Catholic clergy, or Sinn Féin figures who had authority in the area. In appearance they were less formal than the British civil courts and its officers did not wear regalia associated with the legal profession of the time such as gowns and wigs. They filled a vacuum created by the conflict, and sought to persuade people who were inclined to fear the IRA's revolutionary nature that an independent Ireland would not set aside personal and property rights.〔The Constructive Work of Dáil Éireann No.1 16〕 During the war, the courts gradually extended their influence across most of the country, usurping the British law courts as the British government lost its authority in the eyes of the majority.
On 4 March 1919, Austin Stack submitted a report regarding "courts with coercive jurisdiction". However, he did not think that it was yet feasible to make them immediately operational and pointed out that the Dáil Decree, (Decree No. 8, Session 4, 1919)〔The Constructive Work of Dáil Éireann No.1 6〕 only provided for Arbitration Courts.〔Carey, J.P.(a) 332〕 The Dáil Courts replaced the Sinn Féin Arbitration Courts, authorised in June 1919. The latter, only fully operational in the west of Ireland and with limited jurisdiction in property disputes, had been coming under pressure to try criminal cases. The critical difference between the two systems was the power to adjudicate assumed by the new courts regardless of the wishes of the parties. While the Arbitration Counts could have been characterised as within the tradition of contract law, the latter assumed powers of coercion characteristic of a state. The new system of Dáil Courts established on 29 June 1920 was therefore much more ambitious and more geographically widespread than its predecessor. A proposed amendment, by Ulster deputies Joseph O'Doherty and Ernest Blythe, to remove the right of clergymen to sit as ex-officio members, was defeated.〔Tom Wall ''(Getting Them Out )'' Dublin Review of Books 2008〕
The first Sinn Féin/republican court ever held in Ireland was in Ballinrobe, South Mayo. In his Witness Statement, (Bureau of Military History) William T. O'Keeffe, a Staff Officer with the South Mayo Brigade, IRA, credited men from the Claremorris Battalion, Commandant P.R. Hughes in particular (Hughes was Officer in Command of IRA Intelligence and Communications and later appointed one of the first District Justices of the Irish Free State in 1923) along with solicitor, Connor A. Maguire (later appointed as Attorney General of the Irish Free State in 1932) as being responsible for the establishment of the first Sinn Féin courts. Subsequently, Comdt. Hughes and Maguire sat as judges in the courts.
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