asked the President whether any application has been made to the Executive Council by the Boundary Commission for facilities to enable them to ascertain by plebiscite or otherwise, "the wishes of the inhabitants," of any area now within the jurisdiction of the Saorstát; whether he has knowledge of any application for such facilities having been made to the Government of Northern Ireland in respect to the area within its jurisdiction, and if no such facilities for ascertaining the wishes of the inhabitants have been asked for, whether the Executive Council proposes to take any steps to obtain for submission to the Boundary Commission before they come to any decision, reliable information as to the wishes of the inhabitants as required by Article 12 of the Treaty.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - BOUNDARY COMMISSION.
TOMAS MAC EOIN
No application has been received by the Executive Council from the Boundary Commission for facilities to enable them to ascertain by plebiscite or otherwise the wishes of the inhabitants of any area now within the jurisdiction of Saorstát Eireann. I have no knowledge of any application for such facilities having been made to the Government of Northern Ireland in respect of the area within its jurisdiction. So far as territory now within the jurisdiction of Saorstát Eireann is concerned, the contention of the Executive Council is that the provisions of Article 12 of the Treaty cannot be construed as empowering the Commission to transfer to Northern Ireland any of that territory, and representations, oral and written, have been made to that effect to the Commission. I am aware that a large volume of evidence as to the wishes of the inhabitants in the border areas has been placed before the Commission, and I do not know of any further information which could usefully be obtained by the Executive Council to supplement the evidence already given.
I would like to ask the President whether he assumes that Clause 12 of the Treaty has been carried through unless the wishes of the inhabitants of whatever area might be decided have been consulted.
That question partakes somewhat of the nature of a hypothesis, and it asks me, in effect, as I understand it, to pronounce judgment upon what the decision of the Boundary Commission will be. I do not think that I am authorised or altogether at liberty to answer that question.
I take it it is the intention of the President to make it quite clear that that particular Clause of the Treaty, as well as others, will be carried through?
Yes.
And this provision, that the wishes of the inhabitants will have to be ascertained?
That is a matter which, I think, falls within the province of the Boundary Commission.