Minute by Maurice Moynihan
(S15469)

I saw Mr. Alexis Fitzgerald, Solicitor, today at his request. Mr. Fitzgerald informed me that he is acting for Professor Desmond Williams, who is one of the defendants in a libel action which is being taken by Mr. L.H. Kerney, former Minister in Madrid, in connection with articles on the subject of Irish neutrality in the war of 1939-1945 which were published in ‘The Leader’ in January, February, March and April, 1953, and, in a revised form, in the ‘Irish Press’ in June and July 1953. The other defendants are ‘The Irish Press’ and ‘The Leader’. In those articles there were references to conversations which an Irish diplomatic representative abroad was alleged to have had in 1941 and 1942 with representatives of the German Foreign Office. While Mr. Kerney was not named in the articles, it was believed by many people who read them that he was the Irish representative referred to, and the defence are not likely to deny the inference that Mr. Kerney was the person concerned.

2. The material relied on by Professor Williams in preparing the articles was material from the Archives of the German Foreign Office to which he had access in the course of the examination of those archives in Berlin after the war. Some volumes of the documents contained in the archives have already been published, and further volumes are to be published. The volume containing the reports on conversations which Mr. Kerney is stated to have had with representatives of the German Foreign Office is likely to appear in about a year’s time. The German representatives concerned were a Mr. Veesenmayer¹ and a Mr. Clissmann. Mr. Clissmann lived in Ireland before the war and is understood to have returned since the end of the war and to be living in Ireland now. He is married to an Irish woman.²
3. There are three courses open to Professor Williams, according to Mr. Fitzgerald. These are:
   1. to settle the case on the basis of an apology and a money payment;
   2. to let the case proceed in Court, adopting a somewhat apologetic attitude with a view to the mitigation of damages; and
   3. to fight the case fully in Court, pleading not only that the references to Mr. Kerney in the articles were faithfully based on the reports which were read by Professor Williams in the German archives but also that those reports themselves represented truthfully the statements made by Mr. Kerney to the German representatives.

4. Mr. Fitzgerald went on to say that it had been suggested by Counsel that the Government may have an interest from the national point of view in the question of the course to be adopted by Professor Williams from among the three courses that are open to him. Since the documents on which Professor Williams relied are likely to be published in the fairly near future, it may be considered to be in the public interest that the opportunity afforded by this action should be taken to make clear, in advance, that the statements alleged to have been made by Mr. Kerney as to the attitude of the Taoiseach and Minister for External Affairs on the question of a German victory or of Irish participation in the war did not, in fact, represent Mr. de Valera’s attitude or the attitude of the Government.
5. Mr. Fitzgerald made it clear that he is concerned only for the interest of his client. Nevertheless, he assured me that the advice which he would give as to the course to be adopted by his client would be very greatly influenced by any expression of the Government’s attitude that might be conveyed to him.

   I promised Mr. Fitzgerald that, after the necessary consultations, I would inform him, as soon as possible,

   1. whether the Government desire to express any attitude or any views on the matter and
   2. if the Government do so desire, the nature of that attitude or of those views.

6. Mr. Fitzgerald informed me that the case is to be mentioned in Court to-morrow. The Defence will then ask for further time to prepare, but, while it is probable that some further time will be given, it may be that the time allowed will be short. He would like, therefore, to hear from me as soon as possible.
7. Immediately after my conversation with Mr. Fitzgerald, I informed Mr. Seán Nunan, Secretary of the Department of External Affairs, of the main points referred to in the conversation.³