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Dáil Éireann debate -
Tuesday, 30 Nov 1971

Vol. 257 No. 4

Ceisteanna—Questions. Oral Answers. - Border Arrests.

16.

asked the Minister for Foreign Affairs whether, in view of the arrest in the County Fermanagh section of the Clones-Cavan main road of at least one resident of the Republic, now detained in the Crumlin Road jail, he will take steps to ensure that travellers along this and similar roads are warned of the risks to which they may be exposed.

The risks of entering the North in present circumstances should be well known to everybody. It is obvious that the rule of law no longer applies in the area and that the administration of justice is distorted for the benefit of a system of Government which cannot endure.

Is the Minister saying that concession roads are not being regarded as a normal part of Northern Ireland?

I do not know what the Deputy means by "a normal part".

Up to now the concession roads had special qualifications which did not apply to either the Republic or Northern Ireland. Is the Minister saying that those regulations no longer exist and that if a person goes into such territory, he is regarded as being in the same position as if he were in Northern Ireland?

I am saying that the risks of anybody crossing the Border in present circumstances are well known.

That is cod.

The customs regulations dictate that when a person is travelling on a concession road from one State to another, he cannot be smuggling and that while he is in transit, he is regarded as not having crossed the Border. Are we to take it now that the Government have conceded that when a person is travelling from one part of the State to another part of the State, even though he does not stop his vehicle, he is deemed to be in the Six Counties? Is this the attitude of the Government?

I have not said that and the Deputy may not take that from what I said.

The Minister said the person would know he was in the Six Counties.

I said he would know he was taking a risk.

For the reason I have mentioned—that the rule of law no longer obtains across the Border.

May I ask the Minister whether there is an implication in that that the rule of law applies on this side of the Border because that is not the implication we can take from some recent court decisions?

The Deputy knows that neither I nor the Government can be held responsible for court decisions.

The Government are responsible for maintaining law and order but they are not doing that.

I am not in defence of the person concerned but I am concerned with protecting the free movement of individuals. I take it that the question refers to a person from Galway who was arrested on a concession road and who is now in Long Kesh.

We cannot have a speech on the question.

My question is to ask the Minister whether he will make representations to the British authorities in respect of persons moving from one part of the State to the other and who are not interfering in any way with the internal affairs of Northern Ireland, to ensure that such persons would have the same protection as if they were moving within the jurisdiction of this State? That is what we want.

The question relates to main roads.

We want a great deal in so far as the North is concerned which we have not got.

(Cavan): Does this mean that concession roads no longer exist?

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