Brian Ó Domhnaill (Fianna Fail)

I listened to the debate with keen interest and I commend Senator Harris on bringing forward this motion before the House. Obviously, 1969 is quite few years ago given that I was not born then. Having read through some of the information available on-line and in the Library on this case in recent days, I noted that this issue must have been a cause of great of concern to Mr. Dónal de Róiste, Donal Roche, during the past 41 years. Having examined the case, I noted that protracted discussions took place between Dónal de Róiste and the Defence Forces at the time. While it is not clear to those of us looking at this case from the outside what the circumstances were in terms of his early retirement from the Defence Forces, it is clear that a process was followed at the time, but it may have failed in terms of the outcome desired by Mr. de Róiste.

He was interviewed by officers of the intelligence section of the Army on three separate occasions in April 1969 on the matters discussed in the House. On the third of these interviews on 30 April 1969, he volunteered to submit a statement on the matters raised but did not do that at the time for one reason or other. He is the only person who could answer why he did not submit the requested documentation.

He was interviewed subsequently personally by the Deputy Judge Advocate General of the Defence Forces on 28 May and again on the 29 May 1969 and was informed, in some considerable detail, of the issues that were the basis for the cause of concern at the time. He received confirmation from the Deputy Judge Advocate General that he was free to consult a solicitor. However, while he was afforded the opportunity to make a further submission or statement to the military authorities, he indicated he would not be doing so at the time. A process was established at the time but perhaps he thought it better not to submit such documentation. Given the serious nature of the situation presented to the military authorities, from reading some of the information and documentation that is available it appears to be the view that the service considered it was contrary to the interests of the Defence Forces in the State at the time and, therefore, Mr. de Róiste was retired.

Reference was made to the 1997 presidential election and what came out of the woodwork at the time. I join other speakers in condemning the nature of the press coverage at the time. It was unfair to the candidate concerned and to her family, including Dónal de Róiste. While I do not know him personally and do not have any link with him, even though the issue was brought to the High Court and to the Supreme Court and a judgment was made in the favour of the State, if there is a perception that there was miscarriage of justice or that the requested retirement was incorrect, it is appropriate for the Government to bring forward this amendment to the motion that will provide an opportunity for a review of the documentation. I very much welcome and support such a review of the documentation. It provides one more opportunity to Dónal de Róiste to bring forward any additional documentation and information he may have which may allow the State to investigate this matter further. Even though he was allowed the opportunity to do that in 1969, for one reason or another he did not avail of it. He is now being given an additional opportunity by the State and this will provide an opportunity for him to bring forward once and for all information which may be of assistance to him in clearing up some of the issues that were raised.

Had Senator Harris and the other Independent Senators not tabled this motion, that opportunity may not have been provided. Therefore, I commend them on so doing and it is appropriate they did so. With the opportunity now being provided by the Government that the Judge Advocate General will be asked to select a nominee to carry out a review of the documentation, I hope Mr. de Róiste will make a submission which could form the basis for any opinion or decision that would be formed as part of that review.

Some progress has been achieved in this debate. The matter has been discussed in Seanad Éireann. Senator Harris has been responsible in accepting the Government's amendment to the motion. I hope this process will provide the required opportunity and perhaps this House will have an opportunity to further scrutinise at a later date progress that can be made on this case.