asked the Minister for Industry and Commerce if he is aware that an Irish shipowner, desirous of flying the flag of the Saorstát on the high seas, was within the past fortnight referred by a Collector of Customs in the Saorstát to the English Merchant Shipping Act, 1894, stating that, under the provisions of this Act, the Irish flag cannot be flown on the sea except under a penalty of £500; whether this Collector of Customs was, in the existing state of the law, correct in making such a reference; and if he will, without further delay, bring in legislation to establish the nationality of Irish shipping on the seas.
CEISTEANNA—QUESTIONS. [ ORAL ANSWERS. ] - SAORSTÁT FLAG ON HIGH SEAS.
I have no information as to whether a Collector of Customs made the statement mentioned in the question. As regards the application of the Merchant Shipping Acts to the Saorstát and legislation on the subject by the Oireachtas, I have at present nothing to add to the answer given in reply to a question on the same matter by the Deputy on the 10th May last.
Arising out of that answer, I would like to ask if it is correct that the existing state of the law is such that a penalty would be incurred by flying the flag of the Saorstát on the high seas?
The President suggests that that is a constitutional question of the first magnitude.