740.00115 EW/7–545: Telegram

The Minister in Ireland (Gray) to the Secretary of State

156. ReLegtel 154, June 29 to Dept.19 Yesterday Brit colleague informed me that Irish Govt now imposed condition on release for repatriation of 250 German military internees. Condition was that none of these men should be returned to Russian occupied areas. I told colleague that I considered this a most dangerous proposal inasmuch as it was an obvious attempt to enlist us in discrimination against our Russian ally and in accord with de Valera’s evident policy of creating differences between us. Even if the Dept had not issued thru Mr. Grew denial of report of tacit understanding with Britain against Russia I should have felt bound to make strong recommendations against assenting to any condition of this nature imposed by Irish Govt. I said that it seemed less of a disadvantage to leave the internees in Eire than to put ourselves in Mr. de Valera’s power by assenting to a discrimination against an Ally.

I gathered from Maffey that he had recommended acceptance by his Govt of verbal proposal and written undertaking of Irish Govt that they should keep the 10 spies in confinement and not release them without Brit approval. I said that I felt this to be a serious mistake since they were held under an emergency powers order which in the nature of things would eventually be repealed. As they were not held by process of law Irish courts would necessarily release them on habeas corpus. It was further probable that for political reasons de Valera could not afford to admit an agreement with Brit Govt to hold these people indefinitely. Consequently, it was better to accept a refusal now as regards the spies than to approve conditions which in the nature of things could not be kept.

Sent to Dept as our 156, rptd to London as our 32.

Gray
  1. Not printed.