On the instructions of the Taoiseach, I told Mr. Gray on the telephone that we intended to publish the text of our Aide mémoire in reply to the American request relating to war criminals.¹ Following the answer of the Secretary of State for the Dominions in the House of Commons, which consisted largely of a paraphrase of our reply, it seemed appropriate that we should publish the exact text.² Mr. Gray at once said that if we published the text of our reply we should also publish the original American request and the reaction of the State Department, which was conveyed to me by Mr. Brown, the Secretary of the Legation, on the 23rd October. ³He added that if we didn't do so, he would feel obliged to communicate with the press. I suggested that he could hardly communicate with the press about matters affecting the relations of the two Governments, and he immediately retorted that our Minister in Washington had used the press to make attacks on him (David Gray) and the President at the time of the American Note asking for the dismissal of the German Legation. I said that I had no recollection of our Minister doing any such thing. I could not believe that he would do so, just as I could not believe that he (David Gray) would attack the Irish Government in the press. I told him I would discuss the question of publication again with the Taoiseach and would come back and tell him the result.

In the circumstances, the Taoiseach decided that it was better to instruct our Legation in Washington to approach the State Department immediately, and to suggest that there should be complete publicity now in view of the British reply. We should await the answer of the State Department before taking any further action. I informed Mr. Gray accordingly, and he expressed the view that that was the best line to take.

I told Mr. Gray this morning that the State Department had telephoned Mr. Nunan that he was at liberty to publish our reply and that they did not intend to publish anything beyond the statement issued on the night of the 14th November (see Washington telegram 354 filed opposite).⁴ Mr. Nunan had accordingly issued the reply to the Press last night (15th November) at 6.30 in Washington.

I read out for Mr. Gray the text of clear telegram 354. He was apologetic for the attitude he had adopted on 14th instant (see note above), but he felt I would understand that he had to go the whole hog in the absence of precise instructions from his Department.

I told him that we were issuing the reply to the Press tomorrow morning and would say that Nunan had issued it in Washington with the agreement of the State Department.

Foregoing action taken on Taoiseach's instructions.

Mr. Gray has just 'phoned that he also had received the text of the State Department's issue of 14th November (by code telegram). It was the same as our text.