File 1 - Máirín de Búrca and Mary Anderson v The Attorney General, 1975

316pp

Material relating to action brought by two Dublin women, Máirín de Búrca (MdeB), Joint Secretary Sinn Féin, and Mary Anderson (MA), journalist, challenging validity under the constitution of the Juries Act 1927. They claimed Act, where women were eligible but not compellable, discriminated against women being called to serve on juries, and against women appearing before circuit criminal court, as most likely to be tried by all-male jury. Case went to Supreme Court. Judgement issued in favour of their appeal 12/12/1975.

This followed on from case where they were charged with disrupting the police in course of their duty, outside Leinster House August 1971 while protesting housing conditions. Brought before District Court, they pleaded not guilty, elected to have charges tried with a jury and trial was due to take place at Circuit Criminal Court 02/06/1972. MdeB and MA objected to being tried by selected panel because there were no women, and all were property holders (juries selected based on property qualifications - a man could be eligible for duty by virtue of property his wife owned, but she was not eligible by virtue of property he owned.) This case was put on hold while they challenged Juries Act.

Material includes handwritten notes, photocopies of conviction orders from the District Court (13/03/1973); photocopies of statistics compiled by the Department of Justice in relation to applications from women to have their names inserted on jurors list 1963 onwards; newspaper cuttings; transcripts of evidence given in High Court; photocopies of judgement given 12/12/1975 (Supreme Court); correspondence including between Mary Robinson (MR) and solicitor Dudley Potter, and between MR and MdeB; research material.

[Archivist’s note: Máirín de Búrca referred to as Maureen Burke in places.]

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