asked the Minister for External Affairs if he is aware that Irish citizens have been drafted into the United States armed forces and have been sent to the front in Korea, notwithstanding the fact that Article 3 of the Treaty of Friendship between Ireland and the United States ratified by the Government on 14th September, 1950, states that Irish nationals shall be exempt from compulsory services in the armed forces of the United States of America; and, if so, if he will take steps to ensure that the American Government adhere to this article and also ensure that young Irishmen are made aware of it before leaving the country for the United States.
Ceisteanna—Questions. Oral Answers. - Irish Citizens and United States Armed Forces.
asked the Minister for External Affairs if he is aware that many young Irishmen who emigrate to the United States of America are forthwith drafted into the American Army; and, if so, if he will make representations to the American Government to ensure that Irish citizens will not be conscripted into the American Army unless and until they abandon Irish citizenship.
I propose, with your permission, a Chinn Chomhairle, to take Questions Nos. 24 and 25 together.
I am not aware of any specific cases of Irish citizens having been compulsorily drafted into the United States forces in contravention of the terms of Article III of the Treaty of Friendship, Commerce and Navigation, concluded with the United States on the 14th September, 1950.
The text of Article III is as follows:—
"1. Nationals of either Party shall, except as otherwise provided in paragraph 2 of the present Article, be exempt from compulsory service in the armed forces of the other Party and shall also be exempt from all contributions in money or in kind imposed in lieu thereof.
2. The foregoing paragraph shall not apply when both Parties are, through armed action against the same third country, in connection with which there is general compulsory service, concurrently conducting hostilities or enforcing measures in pursuance of obligations for the maintenance or restoration of international peace and security. However, in this event, nationals of either Party in the territories of the other Party who have not lawfully declared their intention to acquire the nationality of the latter, shall be exempt from service in its armed forces if, within a reasonable period of time, they elect in lieu thereof to serve in the armed forces of the Party of which they are nationals; and the Parties will make the necessary arrangements for that purpose."
From the terms of the article I have just read, it is clear that if he avails of the exemption provided for by it, no Irish citizen need be drafted into the American armed forces. The most recent confirmation of Article III was given on 25th September, 1951, by the United States Executive Order, No. 10,292, the relevant paragraph of which reads:—
"In Class IV-C" (that is, one of the exempted classes) "shall be placed any registrant who is an alien and who is certified by the Department of State to be, or otherwise establishes that he is, exempt under the terms of a treaty or international agreement between the United States and the country of which he is a national."
This paragraph shows that the American Government do, in fact, adhere to Article III of the treaty and that no representations or other steps are called for on our part.
As regards ensuring that young Irishmen are made aware of the position before leaving this country for the United States, I can only say that considerable publicity was already given to the treaty of 1950 and I am prepared to reply in the fullest terms possible to any inquiries which may be addressed by interested persons to my Department. At the moment, many such inquiries are being dealt with by the Irish Embassy and the various Irish consulates in the United States.
Is it not a fact that Irishmen are asked to sign with the draft board immediately on arrival in America?
They are all compelled to register, but the registration is not actually the draft and, under the terms of Article 3 of the agreement and of the announcement which I have read, they are entitled to be registered in a special category.
Very many young men going to America are not aware of this treaty and I would, therefore, ask the Minister to give it publicity so that they may know of it because they are told on arrival in America that if they do not sign with the draft board their cases will be prejudiced at a later date if they try to get American citizenship. I would ask the Minister, therefore, through the Irish News Agency, to give this question and his reply full publicity. It would serve a useful purpose as several young men have been drafted for service in Korea.