Pardon for Defence Force personnel who deserted to fight in WW2

Minister Shatter’s announcement regarding Defence Force personnel during WW2

Posted June 12th, 2012

When, in August 1945, the Government of the day, through an Emergency Powers Order, addressed the question of members of the Defence Forces who had absented themselves during World War II by summarily dismissing them from the Defence Forces and disqualifying them for seven years from holding employment or office remunerated from the State’s Central Fund, individuals were not given a chance to explain their absence.  This remained the position following the transposition of the Emergency Powers Order into an Act of the Oireachtas in 1946.  No distinction was made between those who fought on the Allied side for freedom and democracy and those who absented themselves for other reasons.

In the almost 73 years since the outbreak of World War II, our understanding of history has matured.  We can re-evaluate actions taken long ago, free from the constraints that bound those directly involved and without questioning or revisiting their motivations.  It is time for understanding and forgiveness.  Also, at a time of greater insight and understanding of the shared history and experiences of Ireland and Britain, it is right that the role played by Irish veterans who fought on the Allied side be recognised and the rejection they experienced be understood.  To that end, this Government has now resolved to provide a legal mechanism that will provide an amnesty to those who absented themselves from our Defence Forces and fought with the Allied Forces in World War II and to provide a pardon to those who were individually court-martialled.  This will be achieved without undermining the general principle regarding desertion.  The proposed legislation, which I intend to introduce later this year, will provide that the pardon and amnesty does not give rise to any right or entitlement or to any liability on the part of the State.

In extending this amnesty and pardon, the Government would like to emphasise that it does not condone desertion and fully recognises, values and respects the contribution of all those who stood by their post with the Defence Forces and pledged their lives to defend this State’s integrity and sovereignty against any and all aggressors.