Published on
Review of the case of Mr. Donal de Róiste, former Lieutenant in the Irish Defence Forces
The Government has today decided to authorise a review of the case of Mr. Donal de Róiste, a former Lieutenant in the Irish Defence Forces.
Mr. de Róiste was retired by President de Valera, acting on the advice of the Government, with effect from 27 June 1969, in accordance with section 47(2) of the Defence Acts 1954 and Section 18(1)(f) of Defence Force Regulation A.15.
High Court proceedings taken by Mr. de Róiste in November 1998 in relation to the circumstances of his retirement, were rejected in June 1999 on grounds of inordinate delay. The Supreme Court upheld the High Court decision in January 2001 on foot of an appeal lodged in September 1999.
In 2002, the then Minister for Defence, Michael Smith T.D. ordered a review of documentation in Mr. de Róiste’s case by the Judge Advocate General. Following proceedings instigated by Mr. de Róiste, the report of the Judge Advocate General was subsequently quashed by the High Court in 2005 on the grounds that Mr. de Róiste had not been afforded fair procedures in the review. The judgment concluded that the decision made in 1969 to recommend Mr. de Róiste’s retirement from the Defence Forces was unaffected by this finding.
In 2010, Seanad Éireann adopted a resolution which included a provision that the Government would ask the Judge Advocate General to select a nominee to carry out another review of the documentation on Mr. de Róiste’s file. The terms of reference for this review were not acceptable to Mr. de Róiste. Since then, a number of attempts have been made to agree revised terms of reference for a review that were acceptable to all parties. These have now been agreed as a basis on which to proceed.
On foot of this, the Government has authorised a review of the circumstances of Mr. de Róiste’s retirement. The Minister with Responsibility for Defence will request a nominee of the Attorney General to carry out the review and make a report within three months of his or her appointment, or at the earliest possible opportunity thereafter.