(Up-date on Article in Vol. 7 No. 1 2006 of the Journal of the Genealogical Society of Ireland)
Since the publication of the previous edition of this Journal the Genealogy and Heraldry Bill, 2006 has been withdrawn at the Minister’s request for examination by the Board of the National Library. This followed a two hour debate in Seanad Éireann (Irish Senate) on Tuesday 12th December 2006 and it was withdrawn with the consent of Senator Brendan Ryan who sponsored the Bill on behalf of the Society.
During this Second Stage debate Senators from all sides of the House indicated their support for the Bill and praised Senator Brendan Ryan for sponsoring the Bill. The Second Stage debate opened with Senator Ryan outlining the importance and scope of the Bill and the need for a legislative remedy for the fundamental flaws in the National Cultural Institutions Act, 1997. The Minister for Arts, Sport and Tourism, Mr. John O’Donoghue, TD responded for the Government with what initially seemed to be a total dismissal of the Bill and the arguments for any legislative change.
The Minister pointed out to the House that the National Cultural Institutions Bill, 1997 had only been fully implemented in May 2005 and that the new Board of the National Library had also been appointed. Summing up the Minister said “I thank Senator Ryan for his efforts but I have to say that the newly-appointed board of the NLI must be allowed to fulfil its role and functions in matters related to genealogy and heraldry. I realise the Senator has worked extremely hard on the Bill and has put much effort into it, which should not go without acknowledgement. I note what he has stated about the matter resurfacing again if it is voted down, and he is unquestionably correct in that. Although it is a very specialised area, those concerned with it have a great interest. As a man said, when they have an opinion, they have an opinion. Rather than see the Bill voted down, I would prefer if the Senator agreed, after an informed debate, to withdraw the legislation so the issues raised within the Bill can be considered by the statutory board of the National Library. I will undertake to go to the board with the legislation and ask it to give the issue very careful consideration. It would not be right to second guess a new institution so soon after its establishment. I would like the board to have the opportunity of carefully considering Senator Ryan’s Bill. The Senator may be aware that the chairperson of the National Library is Mr. Gerry Danaher, an eminent senior counsel who may have some ideas from his own background with regard to how matters might proceed. Although I am not accepting the legislation, I acknowledge the work which has gone into it and the motivation for it. I know of Senator Ryan’s deep interest and understanding of our culture.”
Unfortunately during the Minister’s earlier remarks he basically confirmed that the pre May 2005 grants were of little interest as he claimed that “the Bill proposes to grant retrospective confirmation to grants of arms made between 1st April 1943 and the present. Not only has the need for such a procedure not been established but even if it had, its constitutionality would need to be fully considered”. Interestingly, the Minister’s defence of the post May 2005 situation made the need to address the legal situation of grants made between 1943 and 2005 self evident.
However, a feature of the Genealogy and Heraldry Bill, 2006 was aimed at providing the State with a facility to recognise and reward excellence, service and achievement by citizens and members of the Irish Diaspora. Ireland is possibly alone in the European Union in not having such a national facility and many Senators warmly welcomed this proposal, most notably, government Senator Paschal Mooney. But the Minister saw no merit in the proposal saying that “the constitutionality of the proposal to grant emeritus arms to meritorious individuals requires clarification. I am not satisfied that the granting of emeritus arms is an appropriate method of recognising meritorious individuals”. So it appears that it was appropriate to make such grants of arms to former American presidents and indeed, to our own presidents, but not so for ordinary citizens of the Republic who may have contributed greatly to their communities or excelled in a number of fields. Successive Irish governments have unfortunately avoided this issue leaving the recognition of meritorious Irish citizens to foreign governments. The honorary knighthood recently awarded by the UK to Bono being an obvious example!!
Hopefully, this new independent Board of the National Library will have an early opportunity to study the Bill in detail and make recommendations on the legislative position of Irish heraldry and the State’s delivery of heraldic services. Given the undoubted quality of the legal advice and experience available to the Board, referred to by the Minister, future legislative measures in this area would seem inevitable.
The Society is immensely grateful to Senator Brendan Ryan for sponsoring the Bill on behalf of the Society and thanks all the Senators for their support of the Genealogy and Heraldry Bill, 2006 during the Second Stage debate in Seanad Éireann. It may yet be back in an amended form following the General Election this year and in the meantime, the Society shall intensive its campaign for the release of the 1926 Census returns.
Michael Merrigan, FGSI
