Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

Measaim go bhfuil sé tábhachtach labhairt ar an mBille seo. Beidh na líomhaintí i leith tréigtheoirí Fórsaí Cosanta an Stáit - gur loic siad ar a ndualgas agus ar a mhóid don Stáit - ann go dtí go ndéanfaimid déileáil leis an mBille seo. B'fhéidir gur shíl siad ag an am agus ina dhiaidh go raibh an rud ceart á dhéanamh acu, ach ná déanfar dearmad gur bhris siad a ngealltanas don Stát. D'fhág siad an Stát níos oscailte do ionradh ó Hitler agus a chuid airm, nó fiú ionradh ó Impireacht na Breataine a bhí fós ag caitheamh súil i dtreo an Saorstát ag an staid sin. Is léir ó aon tuiscint nó staidéar ar an stair go raibh ceart ar an dá thaobh sa chás seo - an Stát agus a fórsaí a bhí neodrach, agus iad siúd a bhí ag iarraidh seasamh i gcoinne an t-olc. B'é an t-olc sa chás seo ná Hitler agus iad siúd a thug tacaíocht dó. B'fhéidir go bhfuil sé ceart, agus na blianta imithe thart, aitheantas a thabhairt dóibh siúd a thréig an fóid trí maithiúnas a bhronnadh orthu as riail an airm agus an Stát. Measaim go bhfuil sé sin ceart agus déanfaidh me déileáil níos mó leis.

Many Irish citizens joined the British forces to fight during the Second World War, as they had done in many imperial wars in the past.

Many joined because it was a tradition in their families, some joined for adventure while others joined out of loyalty to, or affinity with, the British state or for the purpose of fighting a greater evil than the British empire itself. A great number of Irish men died in Second World War battles and their sacrifice is, rightly, the subject of a regularised annual commemoration in the State. Regrettably, some died on the Axis side and their memory is in many ways besmirched by the fact that they fought on that side.

However, we are addressing the issues surrounding those who deserted the State's Defence Forces 60 years ago to join another army to fight Nazism and Hitler's army in Europe. Given the lapse of time, it is impractical to revisit the individual circumstances surrounding each case and many of those who survived the war are deceased. The amnesty provided in the legislation has been deemed the most appropriate means to acknowledge that these men deserted to do a greater good and their insubordination and perceived treasonous act in fighting an evil threatening the very fabric of democracy, society and the world was not wrong. It is felt that an amnesty will bring the matter to a close.

The amnesty is a redress measure. I remind the Minister of State of the Government's responsibility to apologise, for instance, to the survivors of symphysiotomy or to the survivors of the Bethany Homes who were left out of any attempt to make amends when the State dealt with the Magdalen laundries women only last week. The children of those who deserted were promptly taken by the "cruelty men" and put into forced labour in industrial schools and laundries for their so-called crimes of their fathers. Hopefully, we will revisit this. It is not the issue today but it needs to be taken on board. Thankfully, the State has, in recent years, accepted its responsibility to apologise for past mistakes and wrongs. Our society is big enough and strong enough to admit that there were failings in the State and all of us have failings in our lives. That is a sign of a mature society and, hopefully, the wrongs I have mentioned will be addressed.

Sinn Féin approves of this Bill as a recognition of the response to the actions of deserters at the time. They were faced with the Emergency Powers (No. 362) Order 1940 and summary dismissal and they were punitively prevented from gaining employment from the State having been dishonourably discharged after absconding. Bizarrely, while they were barred from State employment on returning, the State made administrative provision in order that they could receive pension entitlements from the British authorities. On the one hand, they received their British entitlement for their service during the war but the State would not give them recognition in any shape or form.

I also understand the concerns of the current and formers members of the Defence Forces regarding the Bill when they face the level of cutbacks currently under way and the continued downsizing and downgrading because it must feel like a kick in the teeth to them for an amnesty to be granted to those who upped sticks and left at a time of the State's greatest need. Ireland, despite being neutral, also faced the threat of invasion not only by the Nazis but by the British who had drawn up a plan to invade and reconquer the island at the time. That must not be forgotten because two foreign armies were stationed on Irish soil. The British and US armies were based for the duration of the war in the Six Counties in large numbers in preparation for D-Day and its aftermath.

It is in that context that it is important to recognise those who remained in Ireland and served the Defence Forces throughout the Second World War and acknowledge the fact that they did not abandon their duties, although, as an Irish republican, I wish some of them had because many of those imprisoned by the State might not have served time in the internment camp in the Curragh and some of those executed by the State might have been freed to live a longer life. Perhaps the State will revisit this issue as well.

The fundamental point of this Bill is to say that at the time it was not feasible for the Government to have gone through the normal channels of military justice which would have entailed the rounding up, court-martialing and imprisonment of almost 5,000 men. That is what is said but it should be recalled that most of those who deserted left the country quickly and were members of various armies, including the British, US and Canadian before they were even missed. It would have been impractical for the Army to consider rounding them up. I am not aware of any Defence Forces deserter who ended up fighting in the Axis armies but others of many hues, some of whom represented the State, besmirched their reputation and Ireland's reputation by aligning themselves with Hitler's grand plans and, in some cases, collaborating with his genocidal policies.

On the question of courts martial, the Fianna Fáil Administration at the time was easily able to summons courts martial when it suited, especially to intern and convict, including execution, republicans during the Emergency. The State was so distracted rounding up republicans that it could not have rounded up all the deserters if they had remained in the country and the Curragh was over capacity, as internees were imprisoned for years on end. It could not or would not pursue deserters because its main target was republicans. During this period, there was a nod and wink support of the Allied forces by the state, with captured British airmen, etc., always finding their way north, even though they had been captured, and information gleaned by G2 and the Garda special branch was exchanged and passed to civil servants, which then mysteriously found its way into British hands.

Just as I commend those who went and fought to prevent the spread of fascism, especially those who joined armies other than the British army, which was an occupying force in Ireland, I commend those who left Ireland and fought against fascism in the Spanish Civil War.

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