Tom Mitchell
Encyclopedia
Thomas James Mitchell is an Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 republican
Irish Republicanism
Irish republicanism is an ideology based on the belief that all of Ireland should be an independent republic.In 1801, under the Act of Union, the Kingdom of Great Britain and the Kingdom of Ireland merged to form the United Kingdom of Great Britain and Ireland...

. He was active in the IRA and took part in a raid on Omagh barracks in 1954, being captured and imprisoned. While in gaol he was twice elected as a Member of the United Kingdom Parliament, but was disqualified and his elections were overturned.

Omagh raid

Mitchell was born in Dublin, and was working there as a bricklayer in 1954. He took part in an unsuccessful IRA raid on a British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...

 barracks in Omagh
Omagh
Omagh is the county town of County Tyrone, Northern Ireland. It is situated where the rivers Drumragh and Camowen meet to form the Strule. The town, which is the largest in the county, had a population of 19,910 at the 2001 Census. Omagh also contains the headquarters of Omagh District Council and...

, County Tyrone
County Tyrone
Historically Tyrone stretched as far north as Lough Foyle, and comprised part of modern day County Londonderry east of the River Foyle. The majority of County Londonderry was carved out of Tyrone between 1610-1620 when that land went to the Guilds of London to set up profit making schemes based on...

 in October 1954, and as a result received a sentence of ten years' imprisonment for treason felony
Treason Felony Act 1848
The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. The Act is still in force. It is a law which protects HM the Queen and the Crown....

.

General election

While serving his sentence in H.M. Prison Belfast, Mitchell was nominated as a Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...

 candidate on an abstentionist
Abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in the election itself...

 platform for the Mid-Ulster
Mid Ulster (UK Parliament constituency)
Mid Ulster is a Parliamentary Constituency in the British House of Commons.-Boundaries:The constituency was created in 1950 when the old two-seat constituency of Fermanagh and Tyrone was abolished as part of the final move to single member seats...

 constituency in the May 1955 UK general election
United Kingdom general election, 1955
The 1955 United Kingdom general election was held on 26 May 1955, four years after the previous general election. It resulted in a substantially increased majority of 60 for the Conservative government under new leader and prime minister Sir Anthony Eden against Labour Party, now in their 20th year...

. Mitchell won 29,737 votes, winning the election with a majority of 260. The 1955 elections were historic for Sinn Féin as it was the first time that the party had contested all constituencies in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 since 1921, and the first time since 1918 that any Sinn Féin candidates had been elected for Northern Ireland constituencies in the British House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

.

The Forfeiture Act 1870
Forfeiture Act 1870
The Forfeiture Act 1870 is a British Act of Parliament that abolished forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland...

 provided that anyone convicted of treason or felony and sentenced to a term of imprisonment exceeding twelve months was incapable of being elected to or sitting in the House of Commons. On 18 July 1955 a resolution of the House of Commons, passed by 197 votes to 63, formally declared that Mitchell was covered by this provision, vacated his seat, and ordered that a by-election
UK Parliamentary by-elections
Parliamentary by-elections in the United Kingdom occur following a vacancy arising in the House of Commons. They are often seen as a test of the rival political parties' fortunes between general elections.-Resignations:...

 be held. The ensuing by-election
Mid Ulster by-election, 1955
The by-election held in Mid Ulster on 11 August 1955 was called as a result of a vote in the British parliament on 18 July 1955 which voted 197 votes to 63 to nullify the result of the previous 1955 UK General Election in the constituency...

 was held on 11 August. Mitchell once again stood as a candidate, facing the same Unionist opponent as in the general election. He won the election with an increased vote and a majority of 806.

Election petition trial

On this occasion, his defeated opponent Charles Beattie
Charles Beattie
Charles Beattie was a Northern Irish farmer and auctioneer. Active in the Ulster Farmers' Union and in Unionist associations, he achieved senior office in the Orange Order and the Royal Black Institution and served on Omagh Rural District Council from 1952 until his death...

 lodged an election petition, claiming to have won on the basis that voters knew Mitchell to be disqualified and incapable of election and so had thrown away their votes. Mitchell decided to attend the election court in person without legal representation, tackling the Deputy Governor of the Prison over his refusal to allow an election address to be sent out; the Deputy Governor explained that instructions from the Ministry of Home Affairs prevented it. He made a lengthy address to the court on the second day, asserting that the people of Mid-Ulster were being put on trial and were about to be disfranchised. As Mitchell knew was inevitable, the court declared that he was not duly elected, and award the seat to Beattie.

Defeat

The following year, Beattie was himself disqualified from Parliament, as he held appointments which were legally 'offices of profit under the crown'; while an Act of Parliament could theoretically have validated his election, the Select Committee found it would be inappropriate given that the issue of qualification to be elected had been prominent in the by-election. A new by-election
Mid Ulster by-election, 1956
The by-election held in Mid Ulster on 8 May 1956 was called because both candidates in the Mid Ulster by-election, 1955 were disqualified. Tom Mitchell was disqualified from assuming office because he was a convicted felon. Charles Beattie was awarded the seat but he was also disqualified because...

 had to be held in the constituency, and Mitchell was again chosen as the Sinn Féin candidate. On this occasion Mitchell was also opposed by the former MP for the seat, Michael O'Neill
Michael O'Neill (politician)
Michael O'Neill was an Irish politician in the United Kingdom.O'Neill was educated at Dromore National School and Bellisle Academy. He was a farmer and a chairman of the Gaelic Athletic Association...

 who was sponsored by the Irish Anti-Partition League. Mitchell and O'Neill split the nationalist vote and he was defeated at the polls on 8 May 1956 by George Forrest
George Forrest (politician)
George Forrest was a Unionist politician in Northern Ireland who served as MP for Mid Ulster from 1956 until his death...

, who stood as an Independent Unionist
Independent Unionist
See also Independent .Independent Unionist has been a label sometimes used by candidates in elections in the United Kingdom, indicating a support for Unionism, retaining the unity of the British state....

 candidate.

Later life

Running under the Independent Republican
Independent Republican (Ireland)
Independent Republican was a political title frequently used by Irish republicans when contesting elections in the Republic of Ireland and Northern Ireland since the 1920s....

 banner, Mitchell unsuccessfully attempted to retake the seat at the three subsequent general elections in 1959
United Kingdom general election, 1959
This United Kingdom general election was held on 8 October 1959. It marked a third successive victory for the ruling Conservative Party, led by Harold Macmillan...

, 1964
United Kingdom general election, 1964
The United Kingdom general election of 1964 was held on 15 October 1964, more than five years after the preceding election, and thirteen years after the Conservative Party had retaken power...

 and 1966
United Kingdom general election, 1966
The 1966 United Kingdom general election on 31 March 1966 was called by sitting Labour Prime Minister Harold Wilson. Wilson's decision to call an election turned on the fact that his government, elected a mere 17 months previously in 1964 had an unworkably small majority of only 4 MPs...

. In the 1969 Mid-Ulster by-election
Mid Ulster by-election, 1969
The Mid Ulster by-election was held on 17 April 1969, following the death of Ulster Unionist Party Member of Parliament for Mid Ulster, George Forrest. The two-way contest was unusual in featuring two women candidates....

 he supported and canvassed for Bernadette Devlin.

When the House of Commons authorities compiled a list of living former MPs in 2011, Mitchell's name was included on it.
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