Brian Maginess
Encyclopedia
William Brian Maginess, QC
(10 July 1901 - 16 April 1967) was a member of the Government of Northern Ireland
, who was widely seen as a possible successor to Lord Brookeborough
as Prime Minister of Northern Ireland
.
Born in 1901, the son of a Lisburn
solicitor, he was educated at The Wallace High School
and Trinity College Dublin from where he graduated with a Law degree (LLD), and was called to the Northern Irish bar in 1923.
Having served in the Royal Corps of Artillery
during the Second World War he entered the Parliament of Northern Ireland
in 1938
when he won the Lisburn
centered seat of Iveagh
. He entered the Cabinet of Sir Basil Brooke
in 1945 when he became Minister of Labour
and his stints as the Minister of Home Affairs
and Minister of Finance (de facto Deputy Prime Minister)
left him favorite to succeed Brooke as Prime Minister of Northern Ireland
.
In the early 1950s however, Maginess became a hate figure for the Orange Institution when he banned marches through nationalist areas in Counties Down
and Londonderry
. Brooke, whilst sympathetic to his decisions, was forced to sacrifice Maginess to preserve progressive legislation, and he was demoted to the non Cabinet post of Attorney General in April 1956.
While Attorney General, Maginess was party to the case of Attorney General for Northern Ireland v Gallagher [1961] 3 All Er 299, which remains authority in the law of Northern Ireland and England & Wales for the principle that Dutch courage
is not a defence in the criminal law. Counsel for Gallagher were future Attorney General and Lord Justice, Basil Kelly
, and future Stormont MP, and Chairman of the Criminal Bar Association in England, Richard Ferguson
.
In December 1959, Ian Paisley
led a demonstration of Ulster Protestant Action
members to Stormont Castle
to protest at Brooke's refusal to dismiss Maginess and Sir Clarence Graham
for making speeches at an Ulster Young Unionist Council event supporting Catholic membership of the Ulster Unionist Party.
Having been appointed a King's Counsel in 1946 he was appointed a County Court Judge in 1964 when he resigned from Parliament. He died three years later in Belfast's Royal Victoria Hospital
. A plaque in his memorial is cited inside the Church of Ireland
parish church in Hillsborough
, the Church where he is buried.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(10 July 1901 - 16 April 1967) was a member of the Government of Northern Ireland
Executive Committee of the Privy Council of Northern Ireland
The Executive Committee or the Executive Committee of the Privy Council of Northern Ireland was the government of Northern Ireland created under the Government of Ireland Act 1920. Generally known as either the Cabinet or the Government, the Executive Committee existed from 1922 to 1972...
, who was widely seen as a possible successor to Lord Brookeborough
Basil Brooke, 1st Viscount Brookeborough
Basil Stanlake Brooke, 1st Viscount Brookeborough, Bt, KG, CBE, MC, PC, HML was an Ulster Unionist politician who became the third Prime Minister of Northern Ireland in 1943 and held office until 1963....
as Prime Minister of Northern Ireland
Prime Minister of Northern Ireland
The Prime Minister of Northern Ireland was the de facto head of the Government of Northern Ireland. No such office was provided for in the Government of Ireland Act 1920. However the Lord Lieutenant, as with Governors-General in other Westminster Systems such as in Canada, chose to appoint someone...
.
Born in 1901, the son of a Lisburn
Lisburn
DemographicsLisburn Urban Area is within Belfast Metropolitan Urban Area and is classified as a Large Town by the . On census day there were 71,465 people living in Lisburn...
solicitor, he was educated at The Wallace High School
Wallace High School (Northern Ireland)
The Wallace High School is a co-educational voluntary grammar school situated in Lisburn, Northern Ireland.It was founded in 1880 by a bequest from the estate of Sir Richard Wallace, local landowner and Unionist MP, as the Lisburn Intermediate and University School on a site fronting the Antrim Road...
and Trinity College Dublin from where he graduated with a Law degree (LLD), and was called to the Northern Irish bar in 1923.
Having served in the Royal Corps of Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
during the Second World War he entered the Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
in 1938
Northern Ireland general election, 1938
-References:*...
when he won the Lisburn
Lisburn
DemographicsLisburn Urban Area is within Belfast Metropolitan Urban Area and is classified as a Large Town by the . On census day there were 71,465 people living in Lisburn...
centered seat of Iveagh
Iveagh (Northern Ireland Parliament constituency)
Iveagh was a constituency of the Parliament of Northern Ireland.-Boundaries:Iveagh was a county constituency comprising part of northern County Down, south west of Belfast. It was created when the House of Commons Act 1929 introduced first-past-the-post elections throughout Northern Ireland...
. He entered the Cabinet of Sir Basil Brooke
Basil Brooke, 1st Viscount Brookeborough
Basil Stanlake Brooke, 1st Viscount Brookeborough, Bt, KG, CBE, MC, PC, HML was an Ulster Unionist politician who became the third Prime Minister of Northern Ireland in 1943 and held office until 1963....
in 1945 when he became Minister of Labour
Minister of Labour (Northern Ireland)
The Minister of Labour for Northern Ireland was a member of the Executive Committee of the Privy Council of Northern Ireland in the Parliament of Northern Ireland which governed Northern Ireland from 1921 to 1972...
and his stints as the Minister of Home Affairs
Minister of Home Affairs (Northern Ireland)
The Minister of Home Affairs was a member of the Executive Committee of the Privy Council of Northern Ireland in the Parliament of Northern Ireland which governed Northern Ireland from 1921 to 1972...
and Minister of Finance (de facto Deputy Prime Minister)
Minister of Finance (Northern Ireland)
The Minister of Finance was a member of the Executive Committee of the Privy Council of Northern Ireland in the Parliament of Northern Ireland which governed Northern Ireland from 1921 to 1972...
left him favorite to succeed Brooke as Prime Minister of Northern Ireland
Prime Minister of Northern Ireland
The Prime Minister of Northern Ireland was the de facto head of the Government of Northern Ireland. No such office was provided for in the Government of Ireland Act 1920. However the Lord Lieutenant, as with Governors-General in other Westminster Systems such as in Canada, chose to appoint someone...
.
In the early 1950s however, Maginess became a hate figure for the Orange Institution when he banned marches through nationalist areas in Counties Down
County Down
-Cities:*Belfast *Newry -Large towns:*Dundonald*Newtownards*Bangor-Medium towns:...
and Londonderry
County Londonderry
The place name Derry is an anglicisation of the old Irish Daire meaning oak-grove or oak-wood. As with the city, its name is subject to the Derry/Londonderry name dispute, with the form Derry preferred by nationalists and Londonderry preferred by unionists...
. Brooke, whilst sympathetic to his decisions, was forced to sacrifice Maginess to preserve progressive legislation, and he was demoted to the non Cabinet post of Attorney General in April 1956.
While Attorney General, Maginess was party to the case of Attorney General for Northern Ireland v Gallagher [1961] 3 All Er 299, which remains authority in the law of Northern Ireland and England & Wales for the principle that Dutch courage
Dutch courage
Dutch courage or liquid courage refers to courage gained from intoxication by alcohol. Originally the phrase 'Dutch courage' referred to the courage that results from indulgence in Dutch gin , but 'Dutch courage' can also apply to the gin itself.In 1650 Franciscus Sylvius, a Dutch doctor, created...
is not a defence in the criminal law. Counsel for Gallagher were future Attorney General and Lord Justice, Basil Kelly
Basil Kelly
Sir John William Basil Kelly, QC, PC, PC was a Northern Irish barrister, judge and politician.He was born in Belfast and was educated at Methodist College Belfast and Trinity College, Dublin. He was called to the Northern Irish Bar in 1944 and took silk in 1958. He served as senior Crown Counsel...
, and future Stormont MP, and Chairman of the Criminal Bar Association in England, Richard Ferguson
Richard Ferguson (politician)
Richard Ferguson QC, SC was a barrister and politician from Northern Ireland.Born in Derrygonnelly, County Fermanagh, the son of a sergeant in the Royal Ulster Constabulary, Ferguson attended Rainey Endowed School and Methodist College. He later studied Law at Trinity College, Dublin and Queen's...
.
In December 1959, Ian Paisley
Ian Paisley
Ian Richard Kyle Paisley, Baron Bannside, PC is a politician and church minister in Northern Ireland. As the leader of the Democratic Unionist Party , he and Sinn Féin's Martin McGuinness were elected First Minister and deputy First Minister respectively on 8 May 2007.In addition to co-founding...
led a demonstration of Ulster Protestant Action
Ulster Protestant Action
Ulster Protestant Action was an loyalist and Protestant fundamentalist vigilante group in Northern Ireland.The group was founded at a special meeting at the Ulster Unionist Party's offices in Glengall Street, Belfast, in 1956. Among the attendees were many loyalists who were to become major...
members to Stormont Castle
Stormont Castle
Stormont Castle is a baronial mansion on the Stormont Estate in east Belfast which is used as the main meeting place of the Northern Ireland Executive....
to protest at Brooke's refusal to dismiss Maginess and Sir Clarence Graham
Clarence Graham
Sir Clarence Johnston Graham, 1st Baronet was a businessman and an Ulster Unionist Party politician in Northern Ireland.-Background:...
for making speeches at an Ulster Young Unionist Council event supporting Catholic membership of the Ulster Unionist Party.
Having been appointed a King's Counsel in 1946 he was appointed a County Court Judge in 1964 when he resigned from Parliament. He died three years later in Belfast's Royal Victoria Hospital
Royal Victoria Hospital, Belfast
The Royal Victoria Hospital is a hospital in Belfast, Northern Ireland....
. A plaque in his memorial is cited inside the Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
parish church in Hillsborough
Hillsborough, County Down
Hillsborough is a village and townland in County Down, Northern Ireland, situated from the city of Belfast. It is within the Lisburn City Council area....
, the Church where he is buried.
Sources
- 'The Ulster Unionist Party, 1882-1973 : its development and organisation' (1973), J F Harbinson
- 'Paisley' (1985), Moloney & Pollak
- 'Brian Maginess and the Limits of Liberal Unionism', Irish Review, 25, 1999–2000, Henry Patterson
- 'Ireland since 1939' (2006), Henry Patterson