The government had introduced the Emergency Powers Bill following the assassination in July of the British Ambassador to Ireland, Christopher Ewart-Biggs, by the IRA; it had passed the Dáil on 21 September. After consultation with the Council of State, Ó Dálaigh exercised his power to refer the Bill to the Supreme Court two days later to test its constitutionality, bringing him into more direct conflict with the government. Although the Court ruled that the Bill was constitutional, and Ó Dálaigh signed the Bill into law on 16 October, an IRA action on the same day in Mountmellick resulted in the death of a member of Garda Michael Clerkin. Cosgrave's government, already infuriated, blamed Ó Dálaigh's delaying enactment of the bill for Clerkin's murder. On 18 October Minister for Defence Paddy Donegan attacked the President for sending the bill to the Supreme Court, calling him a "thundering disgrace".
The government had introduced the Emergency Powers Bill following the assassination in July of the British Ambassador to Ireland Christopher Ewart-Biggs by the IRA; it had passed the Dáil on 21 September After consultation with the Council of State Ó Dálaigh exercised his power to refer the Bill to the Supreme Court two days later to test its constitutionality bringing him into more direct conflict with the government Although the Court ruled that the Bill was constitutional and Ó Dálaigh signed the Bill into law on 16 October an IRA action on the same day in Mountmellick resulted in the death of a member of Garda Michael Clerkin Cosgrave's government already infuriated blamed Ó Dálaigh's delaying enactment of the bill for Clerkin's murder On 18 October Minister for Defence Paddy Donegan attacked the President for sending the bill to the Supreme Court calling him a "thundering disgrace"