Statement
On Tuesday 28th
March 2006 Irish Foreign Minister Dermot Ahern T.D laid before the
Oireachtas a report prepared by his Department into the courts-martial and
executions of 26 Irish-Born Soldiers by the British Army during the First World
War. The Minister called for pardons for these Irish soldiers executed during
the First World War (‘Shot at Dawn’). He stated:
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Our unwavering objective is to
engage in finding an agreed resolution on this issue that would bring comfort to
the families of those executed.
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The Minister recalled that this
year marked the 90th anniversary of the Battle of the Somme. He stressed that it
was in the spirit of recognising the experience and sacrifice of all our
countrymen who fell during the First World War, that the Government had lent its
support to the campaign to secure pardons for those Irish men who were 'shot at
dawn'.
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It is our objective to recover
their memory from the dishonour that was done to them some 90 years ago.
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A Debate was subsequently held
in the Seanad on the Irish Shot at Dawn. see
Irish Seanad Debates-Shot at Dawn
Campaign: Statements.
The formal outing on the 28th
March 2006 of the
Irish Government Report into the execution
of
26 Irish Born British Soldiers
during world war one for various alleged military offences is the
fullfillment of the Irish Government's obligation to the Irish campaign and
signals the conclusion of the Shot at Dawn Campaign Irl effort. In consequence
of the unanimous cross community Irish support for pardons and as the granting
of pardons for British and Commonwealth soldiers executed for various alleged
military offences during world war one is a sovereign matter for Her Majesty's
Government to resolve, the onus is therefore on the British Government to
vindicate the good names of all who were executed. On behalf of our relatives,
our solid campaigners and our resolute supporters throughout Ireland and further
afield, we wish to indicate our gratitude to the Minister for Foreign Affairs Mr
Dermot Ahern T.D and his officials for their support (Go
raibh míle maith agaibh go léar).
An Irish
Pardon for Executed Irish Born British Soldiers ?........... An Irish Solution
to a British Problem ?
On the pretext that such a measure would be persuasive in
encouraging a British Government to look more sympathetically at the pardons
issue it was suggested particularly by some
individuals in the UK associated with the British Shot at Dawn Pardons Campaign,
that the Irish Government should independently proceed and pardon all our Irish
born executed British soldiers irrespective of any British determination on the
matter, effectively calling for an Irish panacea to a British dilemma. Those
that support such a course of action should note the following: Regardless of
any British response to Irish representations, constitutional obstacles and
political sensitivities would dictate that any pardon an Irish Government might
consider would only effect those Irish born in the Republic of Ireland, would
exclude those who were born in Northern Ireland, would not effect the soldiers
courts martial file it being held by the Ministry of Defence outside Irish
jurisdiction and would ultimately taking into account historical concerns be
divisive. Such a pardon is
not worth a penny candle. Through the successful efforts of the Shot at
Dawn Campaign Irl the Irish people have now spoken at length, through debates in
the Irish parliament, in the Irish senate, through individual politicians and
local councils from north and south, the churches, trade unions and through
ordinary citizens from Belfast to Cork, to indicate their support for pardons.
This in itself is a cogent statement in principal by all the Irish people and is
the much sought after moral high ground alluded to by others. We do not support
the introduction of any moot or so called ad hoc Irish legislative instrument to
resolve what is a British problem. Evidence has also surfaced to indicate that
there is probably more Irish born executed than at first thought thereby casting
doubt as to the exact figure. The
Irish Government Report initiated primarily to
support the efforts of the Shot at Dawn Campaign Irl corroborates the long
held belief of enough reasonable doubt existing to say that those who
were executed during world war one for various alleged military offences
which ceased in 1929 to be punishable by death
should all be pardoned. It would be manifestly unjust and a dishonour
to their memory to do otherwise.
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The Conclusion of the Shot at Dawn Campaign Irl Effort
The passing into British law
of the
PARDONS FOR SERVICEMEN EXECUTED FOR
DISCIPLINARY OFFENCES: RECOGNITION AS VICTIMS OF FIRST WORLD WAR
on Wednesday 8th November 2006 meets the objective of the Shot at
Dawn Campaign Irl, in that, the amendment is a political mechanism which
allows for restrospective pardons in world war one execution cases with an
extra safeguard
(the amendment will not affect the Royal Prerogative of Mercy) giving
families the right to petition for the Royal Prerogative of Mercy, if they
so wish. It should be noted that the
NEW ZEALAND
PARDON FOR SOLDIERS OF THE GREAT WAR ACT 2000
and Mr Justice Burnton’s opinion
1
in the Farr
case
(May 2005), set both the political and legal parameters for future
British action on the pardons issue. While this amendment is flawed, we
believe, that it goes some way towards
meeting the NZ pardons Act, which was primarily introduced to remove in so
far as practible the stigma of dishonour attached to the executions of New
Zealand soldiers and which also did not quash the conviction or sentence of
their executed.
Despite the fact that this British pardon
will not overturn the original verdicts or sentence we are satisfied taking
into account
DES BROWN'S STATEMENT OF CLARIFICATION ON THE
18TH SEPTEMBER 2006
together with the Minister’s concluding remarks during the
COMMONS DEBATE - 7TH NOVEMBER 2006,
that the intention of the pardon is to remove the dishonour of the execution
and that it stands as a recognition that execution was not a fate that the
servicemen deserved.
This will conclude the Irish campaign effort. The
SHOT AT DAWN CAMPAIGN IRL,
would like to take this opportunity to commend the moral courage of
DEFENCE SECRETARY, THE RT HON DES BROWN MP
for his positive action on the WW1 pardons issue. We would also like to
express our gratitude to the
MINISTER FOR FOREIGN AFFAIRS MR DERMOT AHERN TD
and his staff in Iveagh House for their enduring support for our efforts.
There have been many organisations, politicians of different hues, councils,
trades unions,
THE MEDIA
and particularly the ordinary man and woman in the street throughout Ireland
and further afield who supported the Irish Shot at Dawn Campaign over the
years and who are now entitled to share in the collective credit. On behalf
of our families we thank you all.
1
In an
application in May of 2005, Mr Justice Stanley Burnton found that there was
'room for argument' that he (Private Harry Farr) had been wrongly
refused a conditional pardon. However Mr Justice Burnton also declared inter
alia that the family of Private Farr lacked the legal grounds for a free
pardon......thereby ruling out the
*free pardon/full pardon
option in a leading case which many observers believe to be one of the most
deserving of a free pardon/full pardon. Significantly, Mr Justice
Burnton's opinion effectively raised the legal bar by setting a precedent
insofar as future applications for pardons in world war one execution cases
would only be dealth with on the basis of the 'room for argument' principle
via the conditional pardon route...legally capping future British
political outcomes to the pardons issue. Consequently, the legal
limitations of the
'room for argument' principle via the conditional pardon route
first enunciated by Mr Justice Burnton in the Farr case in May 2005, are now
reflected in the
2006 British Pardons Amendment.
*A free pardon/full pardon
is understood to mean a pardon not encumbered by any expressly stated constraint
or weighted legal, parliamentary or royal impediment narrowing its scope or
effect.
Re an Irish Pardon for Irish born British soldiers Shot at Dawn: On the
pretext that such a measure would be persuasive in encouraging a British
Government to look more sympathetically at the pardons issue it was suggested
during the campaign particularly by Andrew MacKinlay MP and some individuals in
the UK associated with the British Shot at Dawn Pardons Campaign, that the Irish
Government should independently proceed and pardon all our Irish born executed
British soldiers irrespective of any British determination on the matter,
effectively calling for an Irish panacea to a British dilemma prior to any final
adjudication in the Farr case and significantly without consulting with the
Irish campaign effort ignoring our concerns. Those that mooted such a course of
action should note the following. Constitutional obstacles and political
sensitivities would have dictated that any pardon an Irish Government might have
considered would only have effected those Irish born in the Republic of Ireland,
would have excluded those who were born in Northern Ireland, would not have
effected the soldiers courts martial file it being held by the Ministry of Defence outside Irish jurisdiction, and taking into account historical concerns
would ultimately have been
divisive. Such an
Irish pardon is, and was, never worth a penny candle, and
if introduced would have needlessly jeopardized the interests of our Irish
families
during a very sensitive time in the Irish Shot at Dawn Campaign.
It is to their inestimable credit that the
Irish Government took the advice of the
Shot at Dawn Campaign Irl resisted that pressure and disregarded
those UK representations on behalf of the British Shot at Dawn Pardons Campaign,
a decision later vindicated by the introduction of the
2006 British Pardons Amendment.
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Note:
Founded on the 27th June 2002
The Shot at Dawn Campaign Irl co-ordinated by the
Irish Seamen's Relatives Association (1939-46)
is an independent Irish based group who successfully campaigned to persuade
the British Government to grant pardons to
26 Irish born
British soldiers in particular and
275 other
ranks in the British Army who were executed during world war one for
various military offences which ceased in 1929 to be punishable by death:
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Since 2005, one individual from Northern Ireland located in the UK, has
continually represented himself to the general media et al, as a relative of
Private Bernard McGeehan, thereby
adroitly attaching himself on the back of the British Shot at Dawn Pardons
Campaign and by default attaching himself via the back door with the
independent Shot at Dawn Campaign Ireland effort, to the detriment of our
Irish based support. Despite conveying our concerns, todate, this person has
not proved to our satisfaction his relationship to any of the 26 Irish Shot
at Dawn. Consequently, we must advise caution in dealing with this source.
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We wish to state that the Shot at Dawn Campaign Irl is not linked with any UK grouping styling itself as the Shot at Dawn
Campaign, Shot at Dawn Pardons Campaign, Shot at Dawn Wales or Wales Shot at
Dawn.
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A book entitled
Forgotten Soldiers: The Irishmen Shot at Dawn
was launched in Belfast on Thursday the 25th October 2007.
The Shot at Dawn Campaign Irl is not involved or linked in anyway with this
publication. An extract from Walker's book reproduced in the Belfast
Telegraph states inter alia that
Peter Mulvany had recently established the
Irish branch of the Shot at Dawn group.
The Shot at Dawn Campaign Irl co-ordinated by the
Irish Seamen's Relatives Association (1939-46) is
an independent Irish based group and not part or an adjunct of the British
Campaign. To link the Irish SAD group with the UK end in this way is
perverse and untrue.
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