Written answers
Thursday, 16 November 2006
Department of Defence
Army Dismissal Case
5:00 pm
Dan Boyle (Cork South Central, Green Party)
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Question 62: To ask the Minister for Defence the position regarding the case of a person (details supplied) and their complaints regarding unjust retirement from the Defence Forces; if he has reviewed the issues raised by the recently published book in connection with the case; and if he will make a statement on the matter. [38109/06]
Willie O'Dea (Limerick East, Fianna Fail)
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The book to which the Deputy refers was launched by the author last May. My Department has examined the contents of the publication. The book does not present any new material of significance to the history of the case. The basic premise of the book was previously presented in a newspaper article written in summer 2002 by the author of the book.
The individual concerned was retired by the President, on the advice of the Government, with effect from a date in June, 1969. His retirement was effected pursuant to Section 47(2) of the Defence Act, 1954 and Paragraph 18(1)(f) of Defence Force Regulations A.15, which provide that an officer may be retired "in the interests of the service". The Deputy will appreciate that any decision to retire an officer "in the interests of the service" is extremely unusual in principle and would only be taken for the most compelling reasons.
The Government advice to the President in this case was on grounds of security. I am satisfied that the matter was handled in an entirely appropriate and proper manner in 1969 and that the decision taken then was taken only after very detailed and due consideration. The position at this stage is that the individual concerned has had access to all documents relating to his retirement since 14 November, 2002 when his legal representatives attended the Department and were given copies of all the relevant records held in my Department. I do not propose to take any further action in relation to this matter.
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