Brian O'Shea (Waterford, Labour)
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Question 43: To ask the Minister for Defence if he has received a reply to a letter he wrote to a political party (details supplied) requesting an illegal organisation to desist from misusing a title; and if he will make a statement on the matter. [13554/08]

Tom Kitt (Dublin South, Fianna Fail)
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Minister O'Dea first wrote to the President of Sinn Féin, Mr Gerry Adams, M.P., M.L.A., on 3 November 2005 requesting the removal, from a website associated with that party, of a range of items bearing the title "Óglaigh na hÉireann" which were being offered for sale on the site. This letter was acknowledged on November 11th 2005, noting that Mr Adams was away on business. There was no subsequent substantive response.

The Minister wrote again on 21 December 2005 and on 24 February 2006. In his letter of 24 February 2006 he also raised the issue of the use of the title Óglaigh na hÉireann as a reference to the Provisional IRA in Mr Adams' speech to that year's Árd Fheis. While these letters were also acknowledged, Minister O'Dea still has not received a substantive response to the issue raised. Copies of these letters were also sent to Sinn Féin's Dáil leader.

Section 16 of the Defence Act 1954 to 1998 provides that "It shall be lawful for the Government to raise train, equip, arm and maintain Defence Forces to be called and known as Óglaigh na hÉireann or (in English) the Defence Forces." Accordingly, only the Defence Forces properly established are entitled to use the nomenclature "Óglaigh na hÉireann".

No permission for use of the title "Óglaigh na hÉireann" on the items featured on the website has been sought from the Department of Defence, nor could such permission be given.