The State papers for 1970 provide fresh insight into the character of the late Peter Berry, the public servant who came to prominence during the 1970 Arms Crisis. It was then, as secretary of the Department of Justice, that he played a primary role in aborting the plan for the importation of weapons.
In explanatory notes he prepared for State counsel when the matter came to court, Mr Berry expresses concern that questions might arise in which "my character and/or credibility" might be put in question.
"It is well-known to principals in this case that I am an agnostic, that I seldom engage in ritualistic religious practices except as a courtesy to others (death and marriage ceremonies). I may be challenged on oath `to swear by Almighty God'."
He continued: "But I have a code of conduct which requires an adherence to truth and the rule of law operating in our community. The question is, should I take an oath or affirm? Unless counsel were to advise otherwise I should prefer to take the oath in the ordinary way and to assume ("take the chance" is crossed out) that I would not be questioned on that aspect. But it is largely a matter of indifference to me; anybody who matters to me knows of my views."
He also alludes to the "illness and mental aberrations" of his Minister at the time of the Arms Crisis, Mr Micheal O Morain, who resigned on May 4th, 1970.
But he adds: "I should like it to be brought out that of the 14 ministers for justice whom I had served while continuously in the secretariat of the Department of Justice since January 20th 1927, (Kevin O'Higgins was murdered on July 10th 1927), Mr O Morain ranked very high in my estimation."
On September 21st, several months after his resignation, Mr O Morain telephoned Mr Berry seeking access to papers from his time as Minister. A transcript of the conversation appears in the State papers, in which Mr Berry says he has been advised by the Attorney General's office that he has no authority to grant this request and that the new Minister, Mr Desmond O'Malley, was "someplace in Glenbeigh". Clearly angered, Mr O Morain threatens to apply to the court: "It's an extraordinary bloody attitude for them to take."
Mr Berry also wanted it brought out, if possible, "that of all the ministers for justice that I had known I regarded Mr Haughey as the ablest, and it was a pleasure to me to serve under him for four years".