SEANAD:A NEW review was being undertaken to determine whether the decision to compulsorily retire Lieut Dónal de Róiste from the Army was a reasonable one, Defence Minister of State Pat Carey told the House.

Mr Carey said the Government had decided to undertake a further review of the documentation on Mr de Róiste’s file to address the considerations set out in a High Court judgment of 2005. It was expected the review would be completed before the end of the year.

Mr de Róiste would be offered the opportunity to make written submissions to the review based on the documentation relating to the circumstances of his retirement, which had been made available to him.

Outlining the circumstances of the case, the Minister said a report had been received by the director of military intelligence that the then lieutenant had been in the company of members of an IRA splinter group, which included an individual on remand for offences related to what was understood to be a subversive incident where gardaí were fired upon.

“Subsequently, he was seen talking to this individual at an auction of surplus military vehicles in Clancy Barracks, Dublin, on April 23rd, l969.”

A motion from four independent senators called – in the interest of natural justice – on the Minister for Defence to request and advise the President to revoke and reverse the withdrawal of Mr de Róiste’s commission.

A Government amendment said the Judge Advocate General would be asked to select a nominee to carry out a review of Mr de Róiste’s file.

Eoghan Harris (Ind), proposing the motion, said he thought Lieut de Róiste had not been afforded natural justice.

Mr Harris said he did not have clean hands in the matter. “I am guilty by association because like most human beings I assumed that whatever was done must have been alright, and we all know from the Birmingham Six how dangerous an assumption that is.”

Mr Harris said the Taoiseach had displayed enormous moral courage in the response he had made to the motion.

Joe O’Toole (Ind) asked that the Minister ensure that whoever was chosen to review the case would have no connection whatever with the Army.

Mr O’Toole complimented Mr Harris for his courage in putting a public apology on the record for the mistakes he felt he had made 13 years ago.