Denis O'Donovan (Fianna Fail) | Oireachtas source

I welcome the Minister for Justice and Equality to the House to discuss this matter. I compliment the Minister on bringing forward this legislation. Fianna Fáil will not oppose the Bill, which provides an amnesty for those who deserted the Defence Forces during the Second World War to fight on the Allied side. Nonetheless we believe a mature reader of history will appreciate why it was necessary, in the context of the time, to impose severe sanctions on deserters.

It is important to note the background to the Bill. Last year, the Minister, on behalf of the Government, apologised for the manner in which those members of the Defence Forces who left to fight on the side of the Allied Forces during the Second World War from 1939 to 1945 were treated afterwards by the State. That was a progressive and important statement from the Minister. The Minister also stated that in addressing the question of desertion during the Second World War, the Government acknowledged that the war gave rise to circumstances that were grave and exceptional. At the time, the Minister, Deputy Shatter, stated:

Members of the Defence Forces left their posts at that time to fight on the Allied side against tyranny and, together with many thousands of other Irish men and women, played an important role in defending freedom and democracy. Those who fought on the Allied side also contributed to protecting this State?s sovereignty and independence and our democratic values.

It is worth noting that during the Second World War the State decided to take a neutral stance. It is fitting, bearing in mind that historical decision, that this amnesty should come into play. The Minister stated that no distinction was made between those who fought on the Allied side for freedom and democracy and those who absented themselves for other reasons. That was an important statement by the Minister as well.

In the 73 years since the outbreak of the Second World War our understanding of history has matured. The Minister said that we can re-evaluate actions taken long ago free from the constraints that bound those directly involved without questioning or revisiting their motivation. The passage of time has diminished considerably the number of people who are alive to avail of the amnesty.

The Minister may have covered this point in his speech but I note that at the time it was estimated that approximately 6,000 or 7,000 men deserted the Defence Forces. Apparently one in six of those who deserted went to join another army and fought in the war. Approximately 5,000, or one in eight, of these men went to join the British army. At the time the Defence Forces amounted to 42,000. Therefore, one in eight of the Defence Forces joined the British army and fought in the war.

It is important to note the remarks of Éamon de Valera to the then Minister in 1948. He stated:

Desertion is a very serious offence, as I am sure he will be the first to admit. According to the regulations, it is a matter for which every deserter is liable to be court-martialled and get very severe punishment.

That statement and others were made in the era after a world war which had been rampant throughout Europe and the greater world. Since Ireland was on the periphery of Europe such a statement was necessary and the laws extant were there for good reason. Thankfully, with the development of the European Union and the expansion of the Union to 27 countries, it is something we seldom reflect on and acknowledge, but that since that war and despite our economic woes at the moment the Union has brought peace and stability to the entire continent. In my younger days I would not have envisaged the collapse and fall of the Berlin Wall. Major developments have taken place since then.

At the end of the war we were lenient in making it known that courts martial were not going to take place. Successive Governments, especially at the time, did not actively pursue those whom, it was well known, had deserted the Defence Forces. Nevertheless, we had to establish and show that the offence could not be tolerated. It is important to note and put these matters in context when discussing the Bill.

It is vital to put all the events of the war and subsequent peace in Europe in the proper context. We should not forget that when the Second World War broke out, Ireland had been independent for only 17 years. The Civil War created serious divisions on this island and major problems for the fledgling nation. If we could turn back the clock we might take a better course in history. Some people have criticised de Valera for his stance on neutrality but he was also making a clear statement of our independence as a small nation. Our decision to remain neutral was read as an anti-British stance but the reasons went much deeper. When we reflect on history, we see that Éamon de Valera made a brave decision which saved thousands of lives and prevented the country from undergoing the type of ravaging that has not happened since Cromwellian times. His decision also received widespread public support at the time.

In welcoming the Bill on behalf of my Fianna Fáil colleagues, I note that the current size of the Defence Forces is tiny compared to its size the 1940s. The strength of the Defence Forces was approximately 40,000 then, compared to no more than 8,000 now. There have also been many changes in the Defence Forces. I will not criticise the Minister tonight about barracks closures. These debates have taken place, much as the closures may be regretted, and the primary role of the Defence Forces is now peacekeeping on foreign soil. The Army is more advanced, with better technology, and a slimmer version of what it used to be. In the context of a Bill dealing with amnesties, immunity and prosecution, we should acknowledge the tremendous work the Defence Forces have done over the years in Cyprus, the Congo and elsewhere. They have made us proud of their peacekeeping missions and this is recognised well beyond the boundaries of Europe. I acknowledge the significant contribution they have made to peace in several countries in Africa and beyond.