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Dublin: 11 °C Thursday 20 June, 2013

Bill giving amnesty to Irish WWII deserters presented to Dáil

Soldiers who deserted the Defence Forces to fight for the allied side were denied pay and pension rights.

Taoiseach Eamon De Valera, who dismissed soldiers for desertion
Taoiseach Eamon De Valera, who dismissed soldiers for desertion
Image: PA/PA Archive/Press Association Images

A BILL THAT will provide for amnesty and apology for Irish soldiers who deserted the Defence Forces to fight for the Allies in World War II passed through its second stage today.

Minister for State at the Department of Defence, Paul Kehoe TD, presented the Defence Forces (Amnesty and Immunity) Bill to Dáil Éireann for its second stage.

The bill was published last December by Minister for Justice Alan Shatter, who said that he hoped that through the actions proposed in it he could help put to rest the concerns of people still alive who fought with the allied forces during World War II, as well as the family members of those who died and who have since passed.

At its peak during the Second World War, the Irish Defence Forces had approximately 42,000 serving personnel.  Over the course of the War, it is estimated that over 7,000 members of the Defence Forces deserted, many to join with the Allied Forces.

Of these, some 2,500 personnel returned to their units or were apprehended and were tried by military tribunal.  The remaining personnel – around 5,000 – were dismissed under the Emergency Powers (No. 362) Order, 1945 and the Defence Forces (Temporary Provisions) Act 1946.

Explained Kehoe:

The effect of the Order was to impose significant hardship on many individuals and families and remove from them the right to be tried for the offences of which they stood accused and to provide a defence against the alleged crime.  Many of the individuals were shunned in their communities and many never returned to Ireland.

In 2012, the Government decided that the sacrifice and contribution of those who deserted the Defence Forces to fight with the Allies in WWII should be recognised, while not undermining the requirements of military discipline or condoning their desertion.

The Government also committed to issuing an apology for how they were treated after the war by the State – they did not receive pay or pension rights – and to provide a legal mechanism for amnesty.

The bill seeks to address all of this. Kehoe said today that:

the Government recognises the value and importance to the State of the essential service given by all those who served in the Defence Forces throughout the period of the Second World War.  They performed a crucial duty for the State at a time of national emergency and enormous difficulty.

He also said that the majority that deserted and went on to fight facism “did so out of a sense of idealism and with a commitment to protect democracies from tyranny and totalitarianism”.

The bill initially provided for a pardon for those convicted of desertion or being absent without leave, but this was changed to an amnesty, following legal advice. A pardon would require each case to be individually processed, which would not be possible in practical terms, said Kehoe.

Read: Pardon for Irish deserters who fought in WWII likely in new year>

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Comments (94 Comments)

  • My grandfather deserted and fought in the World War II . He came back after the war and was arrested by my mams dad lol who was an MP. Once released he went back to fight the Japanese having finished with the Germans. I never knew he was denied all this as my dad didnt tell me. Anyway my grandfather fought from the beginning to the end of the war and died at the age of 66. He told us he went and joined the British because the money here was crap and not enough to feed him and his family. I think most Irish men did so in order to feed their family. I can’t imagine Irish men wanting to desert a neutral safe army to die almost instantly on the front line.

    Reply
    • So, what your saying is he was a traitorous (deserted his own army) mercenary (went to fight for money). Why should he have gotten a pension? The gallows would have been a more appropriate reward for his treachery.

      Reply
    • Andy, i dont think there are any gallows big enough for you and your chins!

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    • If being a traitor of a transitory government that paid him nothing but peanuts meant survival for his wife and kids who he loves above any country then yes Andy, he was a glorious traitor of a rubbish system that drove him into poverty, a hero of a traitor who risked his life for his family and so people like me and you could enjoy our coffee in the mornings and bring up our families in peace. Without these heroic traitors we wouldn’t have what we do today. You are extremely ungrateful person so it seems. Would you be willing to swear allegiance to a flag and country and let your wife and kids die in poverty as well as watch the future generations waste away as a result of that transitory allegiance? I don’t think so. Survival instinct kicks in my friend.

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    • Gosh Andy, you’re an absolute delight. You’re a brave man there demeaning a man’s dead relative from the comfort of your lovely neutral armchair. I gather you’re not speaking German? I gather you grew up safe from fascist regimes? You might even know some people from diverse ethnic backgrounds? Nice isn’t it? That’s the legacy your hated ‘deserters’ left you. Back under your bridge now, I’m sure there’s some goats to harass.

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    • Andy, you’re an Assh@/e!!

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    • Andy Duggan would piss his pants if a car backfired, and wouldnt be fit to clean the dirt of one of those mens boots!

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    • Imagine what would happen if a citizen of any other country was to boast of something like this. I guess Ireland is not really a country.

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    • mattoid 07/03/13 #

      Andy would have made a great General – signing orders for the execution of deserters whilst sipping port in the safety and comfort of a warm office 30 miles behind the front line….

      Reply
    • Colin C 07/03/13 #

      Well said, Stephen.

      Reply
  • This is a very interesting topic. The young men who deserted to join the British army did so for a variety of reasons; excitement, adventure, money, and idealism.. when they returned from WW2, they and their families were treated abjectly by Dev’s govt ( the penny dinners many families survived on ) and it was years before they could work or have any type of social assistance, money wise. It was still a raw time in our history, but de Valera was ruthless. That was the mark of the man. He encouraged a civil war by promoting the IRA, then once he was in power he did everything he could to crush them, including locking men in solitary confinement for years on end.
    Sorry for the rant, I think an amnesty or acknowledgement of some sort is due to these men.

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    • Honestly I dont think they did it for the exictment or adventure. The last thing any sane man wants to do is join an army in war time.

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    • Not true actually, most of the men signing up to join the British army in 1914 were doing it for the adventure. Back in those times you lived in your town or city and that was usually as far as you went. War provided you an opportunity to see new countries and get paid to do it. Plus in 1914 the war was promoted as “being over before Christmas” so men signed up for a quick visit to France or Germany.

      Also you need to remember that there are a lot of jobs in the army that will keep you away from the fighting. Artillery crew, logistics, engineers and such keep armies moving forward and generally keep from the front. So you can see new places, get paid for it and not have to worry about getting shot at.

      Reply
  • censored 07/03/13 #

    Will the Gardas get amnesty for the blue flu?

    Reply
  • it was a different time, actions cannot be fully understood and therefore critiqued. But these men, although abondoning their post, mostly returned once the campaigns were over. Surely evidence in itself that their intentions were more than honourable.

    Reply
  • Colin C 06/03/13 #

    What’s interesting in all this is that Dev and his men punished deserters so harshly for their infidelity to the state. A state he had waged war on just 15 years earlier. As for these soldiers breaking their oaths that they swore, let’s not forget that even Dev himself eventually swore the Oath of Allegiance. As I said somewhere else, these principles are awkward feckless, and we must not be too hasty to throw that at people for fear we may expose our own hypocrisies some day.

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  • About time here were men who deserted to go and fight in a war. Had Hitler being successful the world would be a very different place.

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  • Hitler really respected neutrality, he would have treated us nicely? Tell that to the Dutch, he resorted to blockading food and humanitarian aid, all the while slaughtering over twice the population of Ireland, and forcibly removing regimes across Europe, how would Ireland have faired against the might of this tyrant? How many would have been slaughtered? The English died defending primarily England, but without realising it they defended Ireland. Irelands defence chiefs are supposed to decide, great decision considering what happened to other neutrals blah blah blah blah!!, I’ve never heard such support for a branch of the government on the Journal. So the Army didn’t pay it’s soldiers, they don’t deserve to be paid for defending the country is that it? So they went a tiny distance across the water to defend Ireland, and they got paid to do so. Respect them, they died for you.

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  • They should be honoured. This little island nation is very lucky as are many others that the Nazi’s didn’t win that war.

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  • Absolute disgrace these men were labeled as deserters when they were not. They did the right thing and fought for freedom. Well over due that this wrong is corrected. These men should be honoured for what they did.

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  • Everyone keeps going on about these men abandoning their posts during a national emergency. For god sake the national emergency was WW2! Those men did what others wouldnt… they gave up their nice safe jobs to go and face battle rather than bury their heads in the sand. We should thank them for our freedom. We should be proud of them. Which is more than I can say for some of the armchair soldiers here

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  • I have no problem with anyone who fought for the allies during ww2. I admire them greatly. But I most certainly do have a problem with people who abandoned their post at a time of national emergency.

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  • For moral reaaons I think this is good but on the other hand from what I have read and looked up they did desert. Bit of a tricky one.

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    • Traitors. That’s all they are. Imagine if you deserted the US army while they were neutral? You swore an oath and to abandon it for financial gain makes you a mercenary.

      Any why should they get a pension? By deserting they quit for a higher paid job.

      Reply
    • This is top class trolling. Nice.

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    • Andy WW2 was a different kettle of fish unfortunately Hitler was hell bent on world domination.

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    • Sorry Colin, what part of my statement is irrational?

      - No pension as they quit.
      - Traitors as they betrayed an oath
      - Fight for financial gain makes you a mercenary.
      - Desert US army, you get shot

      Which of these statements of fact do you disagree with? And which cannot be applied to this situation?

      Reply
    • Colin C 06/03/13 #

      Who said irrational? But I’m all for on the one this, and on the other hand that. What you say is true in a complete vacuum about what was going on at the time. Other factors to take into account are things like: Europe was on the verge of being overrun by a genocidal maniac; the Irish army was completely unprepared for a foreign invasion from anyone and staying at your post would not have made a jot of difference to the outcome of such an invasion; do we really want people executed for desertion in this day and age. That sort of balance needs to be brought to the table. This was a period unlike any other before or since.

      Reply
    • Spot on Colin C

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    • Cathal 07/03/13 #

      Colin, you made the comment ‘like no time since’ …
      Fact, the 1968 pogroms in the North of our little Island, saw the largest movement of people in Europe since WW2 (granted, there have been larger movements since).
      Should the same approach be taken to those who fought against the regime that forced the mass evacuation of of the Nationalist refugees in 1968/1969?
      And please dont mention the PIRA being the cause of the 1968 pogrom. They started their campaign in 1969.
      I understand the logic some of you apply to granting the deserters full pardons and recognition.

      Regarding the deserters. Hindsight really is perfect vision. But at the time, they were considered traitors to Ireland.
      The same can be said of the PIRA, who were considered a necessary evil to fight the oppression being inflicted on the ‘Irish/Nationalist’ population living only 100kms north of Dublin.
      The fact that SF today hold almost 38% of all the votes in the North of Ireland today speaks volumes about what the Nationalists thought of the IRA campaign against oppression. Unfortunately, due to Political expediency, our establishment party’s down here try to suggest that the Irish in the North prior to the PIRA starting up were having a great time. They never mention the refugee camps set up all around the border during the pogroms of 1968-1969. They have almost written it out of our history books.

      Reply
    • mattoid 07/03/13 #

      Cathal
      Which part of Colin’s “like no time before or since” didn’t you understand?
      Or are you suggesting that the pogroms were worse than 1939-45 Europe??

      Reply
    • Cathal 07/03/13 #

      Let me ask you Mattoid … did you suffer the pogroms?
      When the ‘Deserters’ left to join the British army, they were not aware of the concentration camps. Like i said before in my comment, Hindsight is perfect vision. I am not detracting from the ‘Deserters’ in the part that they played in the fight against facism. Please don’t take it, that i am.
      My point was that the pogroms in the North of our Island, lead to the conflict. Innocent people were being murdered and burned out of their homes. They were being denied jobs, normal civil rights, equal access to healthcare, schooling etc.
      Given the environment that the people in the North were suffering, is it any wonder that the IRA restarted their campaign?
      Yet today, people lambast the very members of the IRA, tar them all with the same brush, that stood up to an evil regime, that threatened the very lives of their families.
      Like i said before, hindsight is perfect vision… and i also say that to forget ones history, is one sure way to ensure that the same mistakes are made again.
      We must never allow someone like Hitler to emerge in Europe again, and like-wise, we must never allow a sectarian/racist regime to emerge on our Island ever again.
      I hope you see the intent of my post.

      Reply
    • mattoid 07/03/13 #

      True Cathal, but my point was that bad as they were, the pogroms were nowhere near the scale and intensity of the horrors of 39-45.
      Colin’s point was that nothing since has ever come anywhere near, which surely you won’t deny.

      Reply
    • Colin C 07/03/13 #

      Cathay, I mentioned nothing about the north. I don’t see what that has to do with anything.

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    • Off the top of my head, I think several million ethnic Germans and ethnic Poles would be surprised to hear that “the largest movement of people in Europe since WW2″ was in Northern Ireland.

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    • Cathal 07/03/13 #

      Mattoid,

      The Khmer Rouge in Cambodia are estimated to have murdered more civilians than Hitler…. And the world stood idly by.
      We have had mass genocidal programs in different parts of Africa and the world stood idly by.
      We had purges in Russia under Stalin and other soviet leaders and the world stood idly by.
      Some of these leaders made Hitler look like a teddy bear, with their ruthlessness.
      I am not in any way dampening down on what Hitler did… I have been to Auswich, i saw the chambers, i saw the rooms filled with shoes (including new born slippers etc). So please dont even think i am playing his regime of terror down…
      My point on it, is this …. Lest we forget, we have had varying degrees of mistreatment across the globe over the last 100 years.
      The Nationalist people in the North were on the verge of being slaughtered. Our regime in the south stood idly by… Real heroes would have helped… some did, but they have been labelled as terrorists…. I always say that one mans freedom fighter is another mans terrorist.
      The Irish Nationalists in the North were treated like sub-humans by their Unionist counterparts. Our Government did nothing (over 5 decades, they stood idly by). When we remember heroes, we must remember the men who fought to save the lives of our Nationalist Brethren in the North before total widespread murder and genocide took place.

      Reply
  • Irish Defence was 42,000 at its peak. Not exactly a lot when considering what it could of been up against if attacked. Desertion here is kinda stretching it a bit. Think i might of taken my chances fighting elsewhere too.

    Reply
  • Bill 07/03/13 #

    If Britain had decided to invade Ireland during WW2 which was a possibility these same deserters could have been sent over to shoot their former colleagues in an army already weakened by losses through desertion.

    Reply
    • A highly unlikely possibility and our army was weak because it was antiquated; not because it lacked manpower

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    • Bill 07/03/13 #

      Correct Pete therefore these deserters knew exactly what they were doing had Britain invaded Ireland personally I would have preferred to be part of a British invading force then fighting them off standing in the middle of the Curragh with a Lee Enfield rifle and only a bush or a sheep for cover but I certainly would not expect a reward for desertion.

      Reply
    • And you’d be right to assume so. But I get the impression from this article that those who deserted faced a wider retribution from Irish Society as a whole, which seems needlessly excessive. As such, I think they have earned their apology

      Reply
  • what is shatter trying to say about the Irish republic, is it that when it comes down to a global crises we are little more then west Brits that they were right to defer to the local big country. the fact of the the matter is they defied the wishes of the commander in chief of the defense forces deserting the army and by fighting in a war in which the leaders of this country decided that we were to be to be neutral. perhaps shatter and kehoe have forgotten about the fact that this is not England that we are are a sovereign nation. this is despite the best efforts of certain tds to hand over our nations sovereignty to a foreign power

    Reply
  • And on a final point the only people threatening publicly to invade us were the Brits. What if they had of done that. What would you have thought of these people now? Exactly.you’d scream for them to be tried for treason. Not so rosy now is it. Some of you really need to get back and study our history. The irish army marks its 100th birthday this year and we should all be proud to stand behind them at all times- and not Abandon them to swear allegiance to a foreign country.

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    • Correct. The Germans were doing it privately. Which was much nicer of them. It was called Operation Green and they had the good manners unlike the Brits not to tell us about it.

      Reply
    • Of course 20 years earlier Germany had been assisting Ireland in its War of Independence against a British occupying force- so who were our natural allies really?

      Reply
    • Colin C 06/03/13 #

      Er, point of information, Germany surrendered before the War of Independence. But go on….

      Reply
    • censored 07/03/13 #

      Point of information: banna strand.

      Reply
    • Colin C 07/03/13 #

      That was before the WoI, censored. Seriously lads, if you’re going to be all huffy about history, at least try to google your facts before embarrassing yourselves with basic errors.

      Reply
    • Cathal 07/03/13 #

      Colin,
      I think you had better read some Irish history before making totally inaccurate comments … The Germans did send guns to Ireland during WW1. These are the same weapons the Irish used against the British during the war of Independence.

      Reply
    • Colin C 07/03/13 #

      Cathay, the war of independence started in 1919. The First World War ended in 1918. A cursory look at a history book will confirm this for you. And per history books will also show that the Germans armed the UVF in 1912. So, lads, history not being your strong point, I suggest some late night revision before your next great theory that the Nazis were possible natural allies in 1939. Next….

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  • find this very bizarre these soldiers were just as likely looking for pay and a bit of excitement, as much as soldiers today do, as there were trying to save people being attacked in europe.

    Reply
  • They were deserters from a neutral nation sending out all the wrong signals

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  • So it acceptable to desert the army now is it great this is an insult to everyone who has worn a defence forces uniform, how did people think they would be treated they deserted an army they were luck they weren’t shot when they got home as was common in other armies.you can argue all u want about the greater good etc it still doesn’t change the fact they swore an oath to Ireland and under military law they are deserters end of.

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  • There should never be any forgiveness to anyone who abandons their post and their country during its hour of need. In my view they committed treason. Loyalty and fidelity is a requirement of every citizen to their country.

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  • I’m sorry but this is totally inappropriate. These people abandoned their posts in the Irish Defence Forces at precisely the time when they were needed most. They most certainly should not be pardoned.

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  • Nobody in Ireland during this period knew very much about what was happening on mainland Europe at the time so to say they went to fight for freedom is a farce. They went looking for adventure more than anything. And on another point the concentration camps were not discovered till late 1944 so again these men weren’t running off to save the human race. If they weren’t happy to wear the uniform of their country they should have done the honourable thing and applied for a discharge. We don’t conscript nor force people to fight so as long as they wore the uniform they should have done their duty and not abandon their posts.

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    • Paul, why did people in ireland not know what was going on in Europe? Because Devalera’s govt censored what was going on. Hitler invaded Poland in ’39, he then went on to invade nearly all of Europe. Are you saying that people in ireland were not aware of that?

      Reply
    • Most people in Ireland thought that the turmoil in Europe was caused by massive snowball fights. I believe the full horrors began to leak here around 1973.

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  • this is statement about today, governments are very slow to apologise we’ve seen that, might fine gael be suggesting, that its not wrong to join the allies in war now, ie join nato?

    Reply
    • Steve
      No it appears that Fine Gael and Labour have a sense of right from wrong and Dev’s treatment of these men was mean spirited and cruel. This also affected their families who suffered grievously because of that unfeeling and insensitive old fool.

      Reply
  • i think deserter is an unfair title! at the time they did not have much options regarding employment. also,many men joined the war effort as a means of escape. similar to today there was very little opportunity to earn a solid living and so many people left.
    with these two components you have payment and adventure. as well as that they were fighting against a common enemy, worldwide in Nazism.
    like the Irish that helped build many of the USA’s greatest engineering feats, the world would not be the same without such brave men!

    Reply
  • Yes the British invading that would of turned out well alright they would have had some guerrilla war to fight against the thousands of troops in guerrilla warfare against a larger army it worked before it would work again.

    Reply
  • NEVER KNEW IRISH TROOPS WERE “FIGHTING” IN WW2. AS FAR AS WE KNOW, WE WERE HIDING (!) BEHIND RUSSIAN/UK BACKS IN FEAR OF NAZIS!

    Reply

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