Dermot Ahern (Louth, Fianna Fail)

I thank the Senators for the views expressed. It is clear from all they stated that there is cross-party support in this House, and I have no doubt in the other House, on this issue. My predecessor, Deputy Cowen, originally agreed to examine the issue and raise it with the British, mainly through the efforts of Peter Mulvany and his people. As a result of meetings that took place when I took office between the British and my officials 25 files were made available. To the best of my recollection, the other file was with the Canadians. I compliment my staff on the painstaking work they carried out in going through all of the notes in the case files and compiling what is an excellent report.

Initially when this issue was brought to my attention I had the usual view that people held in 2005, that this was history and perhaps it is better to look forward not backwards. However, when I read some of the testimonies and case histories, I saw major validity in having this matter promoted on behalf of those families left behind. The report casts serious doubt on the safety of some of the court martial convictions and subsequent executions.

What particularly struck us was the apparent disparity of the treatment of Irish soldiers when compared with those of other countries. We were also struck by the disparities between lower and higher ranks at court martial. Regarding the treatment of Irish prisoners, the report makes clear that on average, an Irish soldier was four times more likely to be executed in these circumstances than any other nationality. A comparison with the New Zealand cohort in the British army during the First World War which had similar numbers shows an Irish soldier was ten times more likely to be executed for the offences committed. In some instances examples were made, as the book stated, for the sake of example.

Through examining the notes, it is also clear that significant omissions were made by those presiding at the courts martial when they did not take into consideration medical ailments or extenuating circumstances. Soldiers were executed to set an example to others. Considering the cases either on an individual basis or cumulatively makes clear there are sufficient grounds to merit a re-examination. Over the years Labour and Conservative British Governments have ruled out full pardons. History shows this was an issue as early as 1915. It is not a recent issue. There was great unease in Britain about what happened at the time and subsequently and speakers acknowledged that the law on the death penalty was changed in 1930.

A number of Senators raised the issue of the Irish Government and State passing what, in effect, would be a pardon. I am not sure whether it is legally possible. We discussed this with the Shot at Dawn Campaign, which made clear from the outset that it wants a pardon from the British Government which ultimately is the successor of those responsible. I am not sure whether it would be legally possible to pass legislation exonerating these people. We have not examined the issue but neither have we closed our minds to it. Neither do we know whether it would be acceptable to the families of the 26 people.

Our focus, as requested by the Shot at Dawn Campaign, is to get the British Government, as the successor of those who carried out these acts, to make recompense. It stated it will not give a full blanket pardon. Based on the precedent of the New Zealanders, we want to persuade the British Government to examine this option. The Farr case has complicated the issue from our point of view in that the British Government and the Ministry for Defence stated they will not comment on our report until such time as the Farr case has been disposed. We hope the case will be disposed on 31 July and that we will then receive a more comprehensive response from the British Government.

Regarding Andrew Mackinlay's Bill, we understand he will attempt to include it in the annual army Bill in May. However, we are not hopeful of success in that respect. I thank the Senators for their support.