Seán Kenny (Dublin North East, Labour) | Oireachtas source

I welcome the Defence Forces (Second World War Amnesty and Immunity) Bill. Last June the Minister for Defence apologised to Dáil Éireann on behalf of the Government for the manner in which those members of the Defence Forces, who left to fight on the Allied side during the Second World War, were treated after the war by the State. As part of the announcement the Government committed to introduce legislation to grant an amnesty to those who absented themselves from the Defence Forces without leave or permission to fight on the Allied side. The Bill provides for the granting of an amnesty and an apology to those members of the Defence Forces who served with forces fighting on the Allied side during the Second World War and who were subsequently found guilty by a military tribunal or were dismissed from the Defence Forces. It also provides for immunity from prosecution to those who were, or who still are, liable to be prosecuted for desertion or being absent without leave.

The Second World War gave rise to circumstances that were grave and exceptional even though in Ireland the period was referred to euphemistically as the Emergency. Members of the Defence Forces left their posts at the time to fight on the Allied side against fascism and played an essential role in defending freedom and democracy in Europe. Those who fought on the Allied side also contributed indirectly to protecting the State's sovereignty, independence and democratic values. We should be proud of these compatriots who took great risk and made great sacrifices in what was an horrifically brutal conflict, beyond anything subsequent generations have had to endure.

Constituents of mine have contacted me looking for closure in their last years or looking for closure for family members who have since passed on. I hope the Bill will put to rest the concerns of those individuals still alive who served with the Allied forces in the fight against fascism and I hope it lifts a veil for the families of those who have since died.

In the 1950s I recall a family living near my home. They had an older brother who had left the Defence Forces to go and fight for the Allies in the Second World War. He lived in England after the war and whenever he came home for the holidays it was always kept very hush hush. He and his family were afraid he might still be arrested, as he was still technically an Irish Army deserter.

I pay tribute to the many thousands of other Irishmen who volunteered to join the Allies during the Second World War, including my uncle. He joined the RAF in 1942 to fight against fascism and I pay tribute to his memory today.

The Defence Forces must be able to maintain the high standards demanded of them and must have complete clarity with regard to the exercise of command and authority whether at home or abroad. This is critical for the maintenance and effectiveness of military units. The Defence Forces must retain the power to enforce discipline through their own code of discipline through the military justice system. This disciplinary code must be efficient and effective and above all else, it must be fair to the individual soldier. Desertion from the Irish Defence Forces, as with armed forces throughout the world, is regarded as a very serious offence and is at the heart of the system of military discipline. When an individual takes a solemn oath at the commencement of his or her enlistment he or she cannot leave without permission or decide not to be available for duty.

I do not condone desertion and fully recognise, value and respect the contribution of all those who stood by their posts with the Defence Forces during the Emergency and pledged their lives to defend the State's integrity and sovereignty. That said, most people now accept that the majority of those who left the Defence Forces during the Second World War and went on to fight against fascism, did so out a sense of idealism and with a commitment to protecting democracies from tyranny and totalitarianism. That is the reason for the Bill. These men did not desert and go home, but absented themselves in order to go into harm's way and fight fascism. We should be proud of them and we should remember them.

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