Joe Costello (Dublin Central, Labour)
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Question 344: To ask the Minister for Defence if he will review the case of the Irish soldiers who deserted from the Irish Army to fight against fascism during the Second World War; and if he will make a statement on the matter. [19794/11]

Alan Shatter (Dublin South, Fine Gael)
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The Emergency Powers (No. 362) Order, 1945 provided for members of the Defence Forces who had deserted or absented themselves without leave during the Emergency period commencing on 3 September 1939, for a period of not less than 180 days, to stand dismissed from the Defence Forces for desertion in a time of national emergency. In common with armies throughout the world, desertion from the Irish Defence Forces is regarded as a very serious offence. This was especially the case at a time when the world was at war and our troops were on standby to defend our country from invasion. In any consideration of the matter, we must also bear in mind the principle that such decisions cannot be left to the individual discretion of individual soldiers on active service and all soldiers must accept that there are consequences for desertion.

Members of the Defence Forces who served during the "Emergency" were engaged in important service for their country and it is crucial that no decisions are made that would in any way diminish or undervalue their loyalty to the State and the service given by them to the State. However, I accept that many of those who deserted, went on to fight against fascism in World War II and did so out of a sense of idealism and with a commitment to protect democracies from tyranny and totalitarianism. Had there been a different outcome to World War II there is no reason to believe that this State would have been immune to invasion. I am giving active consideration to the matter raised by the Deputy.