I desire to draw attention to Question No. 11, which is a starred question on to-day's Order Paper. The question was intended for oral answer, but owing to the circumstance that the Dáil is adjourning to-day I was not able to get an oral answer. This is a matter of urgency, and should not be left over until February. First of all, I wish to say that a very important word has been deleted from the question.
Questions on the Adjournment.
What is the Deputy's point?
I want to get an opportunity of raising this on a motion for the adjournment. I have got a written reply to the answer, but I am anxious to have the question discussed on the adjournment.
I gave notice yesterday that if it were possible I wanted to raise a matter arising out of Question No. 5 on the Order Paper.
We had two notices given yesterday, but we took on the adjournment a question raised by Deputy Boland on the previous day. Deputy O'Dowd now desires to raise a matter on Question No. 5, and Deputy O'Hanlon a matter on Question No. 11.
I would like to point out that Deputy Blaney, who is not present, also asked for permission to raise a question.
Of the two questions raised yesterday it seemed to the Chair that the one which should be taken was Deputy Blaney's, if the Minister had any function in the matter. That was not made quite clear, but I still think that if the Minister has any function in the matter, the question would be one of more general interest. I do not know whether any information is now available on that point.
If Deputy Blaney wishes to raise the question that he mentioned yesterday I am prepared to withdraw in his favour.
I would like to know if the House can be informed as to what the position is with regard to that particular matter.
The question arises out of a Private Bill in another place, and I fail to see how we have any function in the matter.
With reference to the statement made by the President, I think that Deputy Blaney pointed out that the matter of the demarcation of the territory between this State and the adjoining one comes into this. The answer to the question stated that the whole matter was within the jurisdiction of the other State. I think some Deputies are not satisfied that that is so— that the whole matter is within the purview of the other Government. We think this is a new thing, and that it ought to be examined from that point of view.
It would seem from the reply to the question yesterday that the Bill mentioned in Deputy Blaney's question was a Private Bill introduced in another Parliament, dealing with the erection of a bridge on territory entirely under the jurisdiction of that Parliament. It is difficult, with the information at my disposal, to see what the function of the Minister is when it was not made clear yesterday. I kept the matter open for the purpose of having representations made to me. I presume that in the case of a Private Bill the interested parties could both petition and appear. Officially I have no knowledge of the particular matter.
As far as I could gather from Deputy Blaney yesterday, this bridge, which it is proposed to erect, is going to block people in the Free State from using a waterway which up to now they had the right to use. There was a movable span in the bridge which could be raised to allow boats, up and down, to go through. The question, therefore, is one of blocking citizens in the Saorstát from using a waterway which up to now they had the right to use.
That is, for the purpose of getting from one place to another within the Saorstát?
Exactly.
I realise the difficulties of the Chair in a matter of this kind, but the Ceann Comhairle will realise that it is an important matter affecting the rights of citizens of this State. Undoubtedly this bridge is being built in a place over which this House has no authority, but it affects the right-of-way of citizens of this State to waters that belong to or are under the control of this State. If that passage be closed, then a right-of-way that has been in existence for all time may be blocked. The passage is there at present, but the proposal made is to put a permanent obstacle in the way. While we all realise the difficulties in the matter, there would, I think, be a certain advantage in having it discussed here, because the rights of citizens of this State are being vitally affected. If the Government would say that they would do anything to see that the rights of our citizens are properly defended, probably that would satisfy.
So far as any rights are concerned, it would be for the persons possessing those rights to put forward their case. I do not see on the facts as presented that the Minister has any right to present the case of those persons if they themselves do not look after their own case.
I might say that the question arose immediately after the Derry Corporation proposed the erection of the fixed bridge across the Foyle at Derry. The Donegal County Council took up the case immediately, and they passed a resolution, which was forwarded to the Minister for Industry and Commerce, asking that he would take the necessary steps to protect their rights. I do not think that the Donegal County Council had an acknowledgment of that, and the thing went on for a long time until a Private Bill was introduced into the Northern Parliament, and the Donegal County Council then——
The point is that the erection of this bridge interferes with the rights of our citizens to get from one place to another within our jurisdiction.
That is our point.
If that is so, a question should have been addressed to the Minister for External Affairs with a view to seeing what representations he could make in the matter. I shall now allow the matter to be raised on that basis, but we cannot in any way discuss the Private Bill before another Parliament, nor can we discuss that Parliament. On the precise matter indicated by Deputy Aiken, and confirmed by Deputy Blaney, it is desired to argue that a particular thing which is happening outside our jurisdiction is interfering with the right of our citizens to move from one place to another within our territory. On that basis I will accept the notice. We cannot go into any other question.