WE SHOULD REMEMBER THOSE WHO BY LEAVING THEIR POSTS WENT INTO HARM'S WAY AND FOUGHT FASCISM - KENNY

Posted on April 17, 2013 10:46 AM   |   Permanent Link   

I welcome the Defence Forces (Second World War Amnesty and Immunity) Bill 2012.

Last June the Minister for Defence apologised to Dáil Éireann on behalf of the Government, for the manner in which those members of the Defence Forces who left to fight on the Allied side during the Second World War were treated after the War by the Irish State. As part of the announcement the government also committed to introducing legislation to grant an amnesty to those who absented themselves from the Defence Forces, without leave or permission, to fight on the Allied side.

This Bill will provide for the granting of an amnesty and apology to those members of the Defence Forces who served with forces fighting on the Allied side during World War II and who were subsequently found guilty by a military tribunal, or who were dismissed from the Defence Forces. It will also provide immunity from prosecution, to those who were, or who still are, liable to be prosecuted for, desertion or being absent without leave.

The Second World War gave rise to circumstances that were grave and exceptional, indeed, in Ireland, that period was referred to as "The Emergency". Members of the Defence Forces left their posts at that time to fight on the Allied side against fascism and played an essential role in defending freedom and democracy. Those who fought on the Allied side also contributed indirectly to protecting this State's sovereignty, independence and democratic values.

We should be proud of these compatriots who took great risk and made great sacrifices in what was a horrifically brutal conflict, beyond anything subsequent generations have experienced. Constituents of mine have contacted me in relation to this issue, looking for closure in their last years, or looking for closure for family members who have since passed on. I hope that this Bill will put to rest the concerns of those individuals still alive, who served with the Allied Forces in the fight against fascism and I also hope it lifts a veil for the families of those who have since died.

I recall a time in the 1950's when family who lived near me had an older brother who had left the Defence forces and went to fight for the allies in WW2. He lived in England after the war and whenever he came home on holidays it was always kept very "hush hush". He and his family were afraid that he might still be arrested as he was still technically an Irish Army deserter.

I would also like to take this opportunity to pay tribute to the many other thousands of Irish men who volunteered to join the Allies during WW2. My uncle was one of them, he joined the RAF in 1942 to fight against Fascism and I would like to pay tribute to his memory.

The Defence Forces must be able to maintain the high standards demanded of them and must have complete clarity with regard to the exercise of command and authority, whether at home or abroad. This is critical for the maintenance and operational effectiveness of military units.

The Defence Forces must retain the power to enforce discipline through its own code of discipline within the military justice system. This disciplinary code must be efficient and effective and above all else, it must be fair to the individual soldier. Desertion from the Irish Defence Forces, as it is with armed forces the world over, is regarded as a very serious offence. It is at the heart of the system of military discipline. When an
individual takes the solemn oath at the commencement of his or her enlistment, he or she cannot just leave without permission, or decide not to be available for duty.

I want to emphasise that I do not condone desertion and fully recognise, value and respect the contribution of all those who stood by their posts with the Defence Forces during the Emergency and pledged their lives to defend this State's integrity and sovereignty.

That said, I believe it is accepted by most people today that the majority of those who left the Defence Forces during the Second World War and who went on to fight against fascism did so out of a sense of idealism and with a commitment to protecting democracies from tyranny and totalitarianism. That is the reason for this Bill.

These men did not desert and go home. They absented themselves in order to go into harm's way and fight fascism. We should be proud of them, and we should remember them.