Niall Beirne SC

Niall Beirne SC was appointed in May 2020 to review the case of Donal de Róiste, who was retired by President Éamon de Valera on the grounds of national security and has since sought to clear his name.

In a 22-page report published yesterday, Mr Beirne said there was “no apparent reason why such national security considerations should entitle the army authorities to disregard their obligation to afford the most basic procedures of natural justice to Mr de Róiste”.

However, he also found that the decision to compulsorily retire Mr de Róiste was reasonable as senior army officers believed he had behaved irresponsibly by maintaining a relationship with a “known subversive” involved in an IRA splinter group.

“I find that on the basis of the documentation that decision did not fly in the face of fundamental reason and common sense,” Mr Beirne wrote.

The report also recommended that the government “give serious consideration” to paying Mr de Róiste’s legal costs on an ex gratia basis.

Mr de Róiste was represented by Eamonn Carroll of Noonan Linehan Carroll Coffey LLP. “There is no doubt that Mr Carroll put in many long hours of work in dealing with the various matters that arose throughout the review,” Mr Beirne said.

In a statement, the Department of Defence apologised for the distress and upset suffered over the years by Mr de Róiste and said a confidential settlement had been agreed.