Jan O'Sullivan (Limerick East, Labour)
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Question 285: To ask the Minister for Foreign Affairs if the file of one of the 26 soldiers whose cases for pardon are being sought by his Department (details supplied) have been submitted along with the 25 others in the context of the report into the court martial and execution of Irish soldiers by the British Army during the First World War; if his attention has been drawn to the fact that the file has been supplied by the Canadian Army and forwarded to his Department; if he will ensure that this person is included in the case for pardon; and if he will make a statement on the matter. [13389/06]

Dermot Ahern (Louth, Fianna Fail)
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We have always included Private James Wilson of the 4th Canadian Battalion in our efforts to seek pardons for those "shot at dawn". The Report into the Courts Martial and Execution of Twenty Six Irish Soldiers by the British Army During World War I which I laid before the Oireachtas last week was prepared primarily on the basis of a thorough evaluation of the courts-martial files made available to us by the British authorities at our request. As Private Wilson's file was held by the Canadian authorities, my Department separately requested a copy of this file through our embassy in Ottawa. Regrettably the file kept in the Canadian archives was incomplete and a number of papers had been removed from it, including the report of his court-martial. It was not possible, therefore, to prepare an accurate summary of the case made against him for inclusion in our report which was submitted to the British Government in October 2004.

While the report, as submitted to the British Government, includes summaries of individual cases, it is our position that beyond the compelling individual circumstances, there are persuasive grounds for the British Government to grant a retrospective pardon to all those "shot at dawn". Contemporary public and parliamentary dissatisfaction with the number and manner of military executions during the First World War was such that the death penalty was repealed for the military offences under which each execution took place by 1930. In addition, there is evidence to suggest a disparity in the treatment of lower ranks in comparison to officers and statistical evidence that highlights a harsher disciplinary regime faced by men from Ireland in comparison to men from other countries. Moreover, there are numerous references to the need for an example to be made when sentencing was being considered.

I believe that these points, singly or cumulatively, constitute sufficient grounds for pardons to be issued to all 26 Irish soldiers involved, including Private Wilson, and this we will continue to advocate.