Dáil Éireann díospóireacht -
Wednesday, 22 Jan 1997

Vol. 473 No. 4

Written Answers. - Border Crossing.

Cecilia Keaveney

Ceist:

97 Cecilia Keaveney asked the Tánaiste and Minister for Foreign Affairs the current position in relation to the Border crossing on the Northern Ireland side of Cannings Lane/Coney Road, Muff, County Donegal; when this road will be made passable; and if he will make a statement on the matter. [1623/97]

Tánaiste and Minister for Foreign Affairs (Mr. Spring)

I am aware that the Deputy has taken a close interest in this matter and that this reflects the concerns of local residents in the area that this crossing point has not yet been fully and permanently reopened.

As stated by my colleague the Minister for the Environment, Deputy Howlin on 23 January 1996 in reply to a question from Deputy Jim McDaid, Donegal County Council completed the re-opening of the portion of this road which lies in this jurisdiction in early 1995. The Department of the Environment has recently confirmed that this portion of the road remains open and that the matter is one for the Northern Ireland authorities to resolve, as the section which is closed lies within Northern Ireland.

As I indicated in my reply to Deputy Keaveney on 31 October 1996, the matter has been pursued with the British authorities through the Anglo-Irish secretariat. By way of response, those authorities have since stated that the status of the crossing in question as a right-of-way is unclear. They have further contended that under the Access to the Countryside (Northern Ireland) Order, 1983, responsibility for the assertion, protection and maintenance of public right-of-way lies with the local council. In this context, it has been claimed that the order does not empower the Department of the Environment in Northern Ireland to request that a local council act according to its responsibilities under the order. They continue to be of the view that the decision to enforce the right-of-way, should it be established that such a right-of-way exists, lies entirely with Derry City Council.

We would not wish any dispute as to the relevant competences involved to stand in the way of a re-opening of this road and we will continue to press for a successful resolution of the matter. While I am not now in a position to inform the Deputy as to when the road will become passable, I would assure her that every effort will continue to be made to expedite the re-opening of this crossing.