Seán Haughey (Dublin Bay North, Fianna Fail)
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The events that became known as the Arms Trial convulsed the politics of this island 50 years ago. Some people came to believe that certain Fianna Fáil Ministers, along with a cabal of Irish Army officers, attempted to import arms for the IRA through Dublin Airport. A trial involving four defendants opened exactly 50 years ago today. All were acquitted. An account of these events, which was provided a decade later by the late Peter Berry, then Secretary General of the Department of Justice, made it clear that the Special Branch had a source inside the IRA who had access to the deliberations of the IRA's army council. Colonel Michael Hefferon, the director of military intelligence in G2 in 1970, knew the Special Branch had two paramilitary sources, one in the IRA and the other in Saor Éire.

In his 2016 memoirs, the Minister for Justice in 1970, Des O'Malley, revealed that the Special Branch had received a tip-off about the incoming arms flight at Dublin Airport that foreshadowed the arms crisis. The informer has now been identified as Seán Mac Stíofáin, a member of the IRA army council, in a new book to be published tomorrow, Deception and Lies The Hidden History of the Arms Crisisby David Burke. The author reveals that Mac Stíofáin exploited his position to create mischief for his arch rival, Cathal Goulding.

In August 1969, Mac Stíofáin convinced the Special Branch that the army council had struck a deal with the Government, led by the then Taoiseach, Jack Lynch, to assist a campaign of violence in Northern Ireland. This was untrue. In October 1969, Captain Kelly of G2 hosted a meeting of the citizen defence committees of Northern Ireland at a hotel in Bailieborough. It was called to discuss the defence of Catholic communities and the possibility of arms being supplied to them by the Government. The ranks of the defence committees including priests, lawyers, a former SDLP Minister, Paddy Devlin, as well as some IRA veterans. Yet, Mac Stíofáin portrayed the Bailieborough gathering as a gathering of the IRA in furtherance of Goulding's alleged links with Fianna Fáil. During November and December 1969, Mac Stíofáin told the Special Branch that Fianna Fáil was channelling funds to Goulding via Captain Kelly. This was also untrue.

As we know, the IRA split into the Provisional IRA and Official IRA in 1969. In March 1970, Mac Stíofáin, who joined the Provisional IRA, discovered that G2 was about to land an arms shipment at Dublin docks. It was destined for a monastery in County Cavan and earmarked for release to the citizens defence committees - not the official IRA - in the event of a pogrom. Even then, the guns were only to be released after a vote at Cabinet. Mac Stíofáin sent a Provisional IRA unit to hijack the weapons. In the event, the arms were not on the boat and the hijack was called off at the last minute. This demonstrates that Mac Stíofáin was not a genuine informer and that the guns were not destined for the Provisional IRA.

By April 1970, the Provisional IRA had established its own arms supply from America and did not need the inferior arms that G2 was now arranging to fly into Dublin. Deviously, Mac Stíofáin told the Special Branch that the guns were on their way to Goulding's Official IRA. This sparked the arms crisis. It is clear that the Special Branch had what it believed was a genuine source of information at the highest reaches of the IRA but that he was peddling misinformation. Des O'Malley, the then Minister for Justice, was aware of a tip-off to the Special Branch about the arms flight. Regrettably, the House was misled about how the State came to learn of the imminent arrival of the arms flight. It was told that it had been discovered by civil servants who were concerned about certain aspects of the paperwork associated with the flight.

Helen McEntee (Meath East, Fine Gael)
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I thank the Deputy for submitting this matter for debate. I understand, of course, that it is of particular importance to the families of those involved. The period in 1970, and the arguments surrounding the Arms Trial, was an important time in our history, the repercussions of which continue to reverberate to this day. It was one of the most significant political controversies in the history of the State and remains of abiding interest despite the passage of 50 years.

As the Deputy knows, the National Archives Act provides that departmental files are subject to consideration for release to the National Archives, where appropriate, and open to public inspection. I understand that many of the records relating to the Arms Trial were released to the National Archives in 2000. While the Deputy will appreciate that some of the records could not be released because they contain sensitive Garda reports or potentially defamatory information, it should be noted that these files are subject to periodic review, including as to whether they should be released. As the Deputy is also aware, related matters were also the subject of reviews by the Attorney General and the then Minister for Justice in 2001. They were also debated in the House at that time.

Any fresh insights into the Arms Trial are bound to be not just of historical interest but of contemporary interest, particularly to the family members of those involved. It is not surprising that these events have attracted considerable interest and, no doubt, they will continue to do so in the coming years. This is all the more so when it is inevitable that as further accounts come to light explanations may be provided but further questions may also be posed. At this stage, given the long passage of time, it is difficult to see how differing accounts can be validated or adjudicated on at this remove, particularly where most of those who were involved are no longer in a position to defend themselves. As Minister for Justice and Equality, I cannot speculate on matters of that time.

Seán Haughey (Dublin Bay North, Fianna Fail)
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I call on the Minister to confirm that Mac Stíofáin was, in fact, an informer and to declassify all files relating to the information he provided to the Special Branch about the events to which I refer. I appreciate what the Minister said regarding the sensitive nature of these files.

However, it seems that the House was given inaccurate information on 8 May 1970 when it heard a version of events which purported to explain how the State had discovered the then forthcoming arms flight. It was then claimed that the scheduled flight had been discovered by accident by civil servants who were concerned about certain paperwork issues. An incorrect version has remained on the record of the House since. It is not satisfactory that the official record of any event, let alone one as important as this, should be misleading.

Crucially, the Dáil record can only be set straight if the State confirms that the tip-off about the flight came from Seán Mac Stíofáin. I hope the Minister appreciates that the continued concealment of Mac Stíofáin's tales as an informer is tantamount to endorsing and perpetuating his agenda, which was to disrupt and undermine democracy, assist the growth of the Provisional IRA, ensure that this House continued to be deceived and belittling and defaming the memory of Captain James Kelly, an honourable soldier, who should never have been put on trial. The same also applies to the late Colonel Michael Hefferon, who was director of military intelligence at the time.

These files could be looked at, perhaps by a High Court judge. This informer was not serving the State. These files can be redacted. I hope the Minister will confirm the presence of these files because there has been a suggestion that there was a massive burning of these files in the Phoenix Park shortly after the events in question. Will the Minister listen carefully to what I have just requested? If there are files, 50 years later they can now be declassified in order that this saga can be brought to an end. It would also allow various families to get justice at this stage. I am not talking about my family but some of the public servants, particularly the Army officers, involved.

Helen McEntee (Meath East, Fine Gael)
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The Arms Trial, along with the controversy surrounding it, is an important part of the past and is particularly important to the families involved, as the Deputy outlined, occurring as it did against a backdrop of civil disturbance in the North on an unparalleled scale. While we are now, thankfully, in a different space, we are in a period of genuine hope that is based more on constructive work by many officeholders. Peace has been embraced and violence rejected. It is nevertheless the case that today, 50 years later, the legacy of the Troubles still resonates across the island of Ireland.

I must stress that it is not appropriate for me, as Minister for Justice and Equality, to speculate as to the intentions or the activities of those at that time or to comment on the information that may have been made available to institutions. The Deputy will appreciate, however, that it is not possible, given the current restrictions, to physically examine all of the remaining documents that exist in my Department to establish whether any records relevant to this case exist. I will give the Deputy a commitment that if any records exist, they will be reviewed and will be released as appropriate.