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Dáil Éireann debate -
Wednesday, 6 Nov 2002

Vol. 556 No. 4

Other Questions. - Defence Forces Retirement.

Dan Boyle

Question:

58 Mr. Boyle asked the Minister for Defence if he will provide an update to the case of a person (details supplied); and if he will make a statement on the matter. [20545/02]

The Judge Advocate General, Ms Oonah McCrann, has completed her review of the circumstances surrounding the retirement of ex-lieutenant Donal de Róiste and recently submitted her report to the Minister with her conclusions and recommendations. A copy of her report has been forwarded to Mr. de Róiste's solicitors. In accordance with her recommendations, arrangements are being made for Mr. de Róiste to have access to view all the documentation relating to the circumstances of his retirement.

Does the Minister's reply mean that there is an agreement between the de Róiste family and the Department?

The Department and the Minister are very anxious to move on the report of the Judge Advocate General and to work on her recommendations, one of which was that Mr. de Róiste would have access to the documentation. Those arrangements are now being made with him and the family.

Is the Minister of State saying that the de Róiste family is prepared to reach an agreement with the Department based on the judge's findings? The family is prepared to reach an agreement with the Department based on the judge's findings.

I understand that on 14 November the family will view the documents regarding the circumstances surrounding the treatment of the person concerned.

Does the Minister of State agree that in view of the publicity surrounding it, this case has generated much comment and concern, especially in the past year? Does she agree it is unforgivable that it has taken almost a quarter of a century to progress the case to its present stage? In view of the trauma this man's family has suffered, will she give a guarantee that everything possible will be done to bring the case to a satisfactory conclusion as soon as possible? It does not reflect well on the Defence Forces, the Department or the country that satisfactory answers have not been given to outstanding questions.

It would be inappropriate to discuss the details of this case and I know Deputy McGinley does not wish to do so. However, he is correct when he says the case has generated huge interest. A number of extraordinary and bizarre suggestions were made in sections of the media. The Minister considers it especially regrettable that utterly unfounded imputations and insinuations of impropriety were aired in one national newspaper against a named individual Army officer who is now deceased and who had no personal involvement in the case. It caused great distress to his widow and children. The judge fully investigated the matter, including undertaking a comprehensive examination of all documentation and facts, and did not find a scintilla of evidence in support of any of those suggestions. On the contrary, all the documentary evidence at the time leads one inevitably to the same conclusion reached by the military authorities in 1969. The Minister is satisfied that the judge's report and investigation was thorough. We hope, therefore, that when the family views the documents next week it will also be satisfied.

Is the Minister of State aware of similar cases and, if so, will she indicate what steps are taken to ensure that such wrongs are righted?

The question concerns a specific case. The Deputy is broadening the matter.

The Minister is not aware of similar cases. Procedures are in place, for example, interviews are conducted when people leave the Defence Forces. These measures provide a good form of protection to individuals and the Defence Forces.

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