No. 229 NAI DFA Secretary's Files A74

Department of External Affairs Memorandum for Government
'Repatriation of former German agents'

Dublin, 19 November 1946

  1. After the defeat of Germany last year, the American, French and British representatives addressed to the Minister for External Affairs formal Notes asking that the staff of the former German Legation, and persons who had acted as German agents here during the war, should be returned to Germany. The text of the American Minister's Note is attached.1 The British and French Notes were in different terms but to the same effect.
  2. This démarche was the subject of conversations with the British Representative. He was told verbally that the staff of the former German Legation would not be required to leave against their will and, as regards the German agents, he was informed in writing as follows:-

    'With regard to the persons who have been detained here because they acted as German agents, it is intended to keep them under detention until such time as, after consultation between the two Governments, it is agreed that they are no longer a menace to the security of either country and can, therefore, safely be restored to liberty.'

  3. Although this was not an express undertaking, Sir John Maffey used it to secure that the request for the deportation of the staff of the German Legation and German agents would not be pressed. In fact, though he continued to receive formal reminders from time to time, the Allied representatives have refrained from making the question an open issue in our case, although all other neutral countries have had to deport the former German diplomats in their territories.
  4. The release on parole of the German agents at the end of September, and their total release early this month, came as a surprise to the British Representative. He has made strong representations to the effect that this development not only re-opens the whole issue, both as regards these agents and the staff of the former German Legation, but places him in a difficult personal position both vis-à-vis his own Government and the American and French representatives. Sir John Maffey states that it was on his initiative, based on the written statement of intention quoted above, that the Allied Governments abstained from pressing us to repatriate the former German officials and agents. He quoted, in strict confidence, the following passage from a despatch which he sent to his Government at the time:-

    'The first reaction of the American Minister is to be critical of a settlement being reached on these lines, mainly because he feels that, if we could grill Goertz and Company, we could obtain valuable information. He is probably telegraphing to the State Department on these lines. He also distrusted the Éire promise to keep the men in gaol.'

    Sir John Maffey earnestly requested that, before the American and French representatives hear of the men's release, we should put him in a position to inform them that we intend to repatriate these men at once.

  5. The Minister for External Affairs considers that, in all the circumstances, the best course is that the men concerned should be deported back to their native countries. Although the written guarantees received from the British authorities do not cover all the necessary grounds, it is clear that the men will not be subjected to anything more than temporary detention for 'screening'. There is thus no good reason why they should be regarded as entitled to stay in this country, all the more so as they are not a desirable type of alien resident. Their retention here would be bound to re-open the question of the position of the staff of the former German Legation. If that issue were re-opened and pushed to the point of newspaper publicity, our action in relation to the statement of intention given to Sir John Maffey would be a point against us. Furthermore, the raising of such an issue just when the question of our admission to UNO is reaching a critical stage would be distinctly inopportune. Sir John Maffey's feeling that he has personally been placed in a false position is also a factor to be borne in mind.
  6. There is evidence that the majority of the men are not unfavourably disposed towards the idea of returning to Germany and rejoining their families and friends. One of them has actually visited the Department of External Affairs asking that he should be sent back to Germany irrespective of any conditions. The fact that there is a German vessel at present in Dublin which will be returning to Germany at an early date affords an opportunity of repatriating the men direct without their having to pass through England.
  7. The Minister for External Affairs feels that, in all the circumstances, the best course would be to repatriate the men of German nationality to Germany on the vessel referred to and to repatriate the Dutch and Indian nationals to their home countries as soon as arrangements can be made.

1 Not printed.


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