David Cullinane (Sinn Fein) | Oireachtas source

I welcome the Minister back to the House. On my own behalf and that of Sinn Féin, we welcome this legislation which we will be supporting. It is appropriate recognition of the wrongdoing of the State at the time and a fitting gesture for the families of those who were stigmatised owing to the Emergency Powers (No. 362) Order 1945.

The Second World War was, notwithstanding the neutrality of the State, a significant event in Irish as well as European history. It affected all Irish people, North and South, in a variety of ways. It was a time of considerable sacrifice and hardship in Ireland during which there were bombings in Belfast and on the North Strand. As we know, many thousands of Irish people, from North and South, were killed in battle during the war.

Some 80,000 citizens from the South volunteered to join the British Army during the course of the war. Of between 6,000 and 7,000 men who deserted the Defence Forces at the time, approximately 5,000 joined the British Army. They did so for many reasons, but for very many, fighting the evil of fascism was the foremost motivation. Many of them died in battle and their sacrifice is now remembered in an annual commemoration. It is also important for us to be vigilant in regard to the rise of fascism in our time, given what is happening in many European countries and the rise of far right parties in many countries across Europe.

Those who survived the war returned to Ireland to face a difficult and cold future. In October 1945 the Government of the day used powers under the Emergency Powers Acts 1939 to 1945 to issue the Emergency Powers (No. 362) Order 1945 which provided that any member of the Defence Forces who had deserted or absented himself or herself from service without being granted official leave for 120 days or more during the Emergency period should be dismissed from the Defence Forces for desertion. The order meant the summary dismissal of some 5,000 members of the Defence Forces.

The order also stipulated that those dismissed were disqualified for seven years from any public or Civil Service employment, including employment with local authorities or a position on any board or office established by statute such as the ESB. They also lost many of their pension entitlements and access to unemployment assistance payments under the Unemployment Insurance Act 1945. Pursuant to section 4(a), a ?List of personnel of the Defence Forces dismissed for desertion in the time of National Emergency pursuant to the terms of the Emergency Powers (No. 362) Order 1945" was circulated to all major public bodies and Departments. It effectively functioned as a blacklist. During the course of the debate on the order it was characterised as a sentence of starvation and those affected were blocked from public employment and receiving State assistance. The State was happy to consign them to penury.

The manner in which the order was issued was also disproportionate and disposed with the ordinary judicial code for dealing with desertion from the armed forces under the Defence Forces (Temporary Provisions) Act 1923 and instead used the Emergency Powers Act to punish a particular group of deserters en masse without a court martial. They were denied an opportunity to defend themselves and their reputation. This was very wrong and contrary to the norms of fair procedure. The amnesty is an acknowledgement that the treatment received as a consequence of desertion is now considered to have been unduly harsh and an acceptance that the acts of those who deserted occurred in the special circumstances of the Second World War. They did not deserve the treatment they received; they did not deserve to be stigmatised, isolated and effectively blacklisted from public employment, as well as social society. Aside from the not inconsiderable trauma and upset the stigmatisation caused those affected by the order and their families, many also suffered hardship and poverty.

The Government of the time was one that showed little regard for human rights and due procedure. There were other categories who suffered grievously owing to its brutal use of special powers. In particular, I note the inhumane treatment of republican prisoners during and after the war. Three prisoners died while on hunger strike to protest at the conditions in prison camps at the time. They were Seán McCaughey, Jack McNeela and Tony D'Arcy. The inquest into the death of Seán McCaughey heard that he had not been outside in the fresh air or sunlight for four and a half years and had been kept for months on end in solitary confinement. In challenging the prison doctor Seán McBride, counsel for the next of kin, asked if he would treat a dog in such a manner. The doctor replied that he would not. While the Minister may see this as a matter for another day, which I accept, the State has never properly acknowledged the maltreatment of such prisoners. The Minister should give the matter careful consideration.

I fully support what the Minister is attempting to do. As previous speakers said, there are 100 survivors who will benefit from this measure. Because many others have, unfortunately, passed away, it is important for their families also. I hope the Bill will pass through both Houses of the Oireachtas quickly and without amendment in order that we can support the survivors, in particular, and the families of those who have passed away.