A Chairde,
The Houses of the Oireachtas (Irish Parliament) are now in summer recess without, once again, having made any significant progress on resolving the ‘heraldic mess’ created by the implementation of Sections 12 and 13 of the National Cultural Institutions Act, 1997 in May 2005.
Therefore, in anticipation of a renewed campaign in the autumn, it may be useful to review developments since May 2005 to date by firstly noting the wording of the current public information on the website of the National Library of Ireland.
To the following should be added the endeavours of other campaigners seeking to have the ‘office’ of the Chief Herald of Ireland reformed etc.
1. CURRENT CLAIM
The current legal status of Irish heraldic servises and the origin of the Irish ‘heraldic authority’ – as claimed by the ‘office’ of the Chief Herald of Ireland is detailed on the website of the National Library of Ireland as follows:-
NATIONAL LIBRARY OF IRELAND WEBSITE
Current public information provided by the National Library of Ireland.
(TEXT)
The post of Ulster King of Arms, Herald of all Ireland, was created by the Crown in 1552 and continued under the name until 1943 when the Office of Arms was transferred to the Government of Ireland and renamed the Genealogical Office. Since then, the Office has operated as a branch of the National Library and under the direction of the Chief Herald of Ireland.
(END TEXT)
http://www.nli.ie/en/intro/heraldry-introduction.aspx (extracted July 4, 2009)
(TEXT)
The first Ulster King of Arms was Bartholomew Butler, who by Letters Patent of 1 June 1552, was granted 'all rights, profits, commodities and emoluments in that office … with power … of inspecting, overseeing and correcting, and embodying the arms and ensigns of illustrious persons and of imposing and ordaining differences therein, according to the Laws of Arms: of granting Letters Patent of Arms to men of rank and fit persons; and of doing … all things which by right of custom were known to be incumbent of the office of a King of Arms'. The post continued until the death of its last incumbent, Sir Nevile Wilkinson, in 1941. Thomas Sadlier, Deputy Ulster, continued to operate the office until 1943.
In 1943 heraldic responsibility passed to the Irish State. Dr Edward MacLysaght, styled Chief Genealogical Officer to which was later added Chief Herald of Ireland, succeeded to the functions and powers of Ulster King of Arms. The old title of 'Ulster' was attached to the existing post of 'Norroy King of Arms', a member of the English College of Arms.
(END TEXT)
http://www.nli.ie/en/history-of-the-office-of-the-chief-herald.aspx (extracted July 4, 2009)
2. CURRENT LEGISLATION
DEPARTMENT OF ARTS, SPORT & TOURISM
3 May 2005
May 2005 – the National Cultural Institutions Act, 1997 was implemented by Minister. The Board of the National Library was established and eventually, Chief Herald of Ireland was appointed to fill the vacancy left since the retirement in 2003 of previous incumbent.
National Cultural Institutions Act, 1997
http://www.oireachtas.ie/documents/bills28/acts/1997/a1197.pdf
3. FIRST PROPOSED REMEDY
SEANAD ÉIREANN
May 2006
Genealogy and Heraldry Bill, 2006 published by Senator Brendan Ryan (right).
http://www.oireachtas.ie/documents/bills28/bills/2006/2306/b2306s.pdf
DÁIL ÉIREANN
7 November 2006
Parliamentary Questions tabled by Mr. Jimmy Deenihan, TD to the Minister for Arts, Sport and Tourism, Mr. John O’Donoghue, TD.
(TEXT)
358. Mr. Deenihan asked the Minister for Arts, Sport and Tourism if his attention has been drawn to an article in a newspaper (details supplied) that states that the College of Arms in London has difficulties recognising Irish grants and confirmations of arms because of the questions regarding their legal validity; and that this may be causing embarrassing difficulties for certain individuals domiciled outside the State who received grants from the Chief Herald of Ireland; and if he will make a statement on the matter. [36538/06]
359. Mr. Deenihan asked the Minister for Arts, Sport and Tourism the position of copyright in respect of arms granted by the Chief Herald of Ireland between 1 April 1943 and the coming into effect of S.I. No. 219/2005; Bord Leabharlann Náisiúnta Na hÉireann (Establishment Day) Order 2005 on 3 May 2005; if copyright was transferred to the grantee by virtue of the letters patent issued by the Chief Herald of Ireland during that period; and if he will make a statement on the matter. [36539/06]
360. Mr. Deenihan asked the Minister for Arts, Sport and Tourism if he will confirm newspaper report (details supplied) that in or about June 2002 the Attorney General advised the Chief Herald of Ireland that he had no power to grant arms and that the genealogical office was in effect an illegal organisation; and if he will make a statement on the matter. [36540/06]
361. Mr. Deenihan asked the Minister for Arts, Sport and Tourism if in view of the fact that the National Cultural Institutions Act 1997 only recognised the existence of the Genealogical Office as a branch of the National Library and thereby confirmed the status quo which had existed since 1943, he will agree that primary legislation is now required to empower the Chief Herald to continue granting arms and to retrospectively validate grants made from 1943 when the Genealogical Office was established by the Allocation of Administration (Genealogical Office) Order, 1943 following the transfer of the title and functions of the former Crown Office to London and the transfer of the records and treasures of that office to the State [36541/06]
Minister for Arts, Sport and Tourism (Mr. O’Donoghue): I propose to take Questions Nos. 358 to 361, inclusive, together.
I have no statutory function in relation to the grant of arms in question. S. I. No. 219 of 2005 established the National Library of Ireland as an autonomous non-commercial semi-state body under the National Cultural Institutions Act, 1997. The matters raised are thus a day to day matter for the National Library of Ireland.
I refer the Deputy to Section 12 (2) b and 13 (1), (2) and (3) of the National Cultural Institutions Act, 1997 in regard to the status of the Chief Herald and the copyright question. I have not been advised by the Board of the NLI that there are deficiencies in the underpinning legislation. Should such deficiencies arise I would expect the Board to bring them to my attention.
(END TEXT)
SEANAD ÉIREANN
12 December 2006
Second Stage debate on Genealogy and Heraldry Bill, 2006
http://debates.oireachtas.ie/DDebate.aspx?F=SEN20061212.xml&Node=H7#H7
Minister (John O’Donoghue, TD) disputes need for the Bill, however, promises to refer it to the Board of the National Library to consider the points raised by the Bill.
National Library of Ireland suspends heraldic services for eight months in 2007 because of the doubts over the legal basis upon which such are delivered by the Chief Herald of Ireland.
4. HERALDIC ISSUES DETAILED
COLLEGE OF ARMS, LONDON
June 2006
College of Arms Newsletter carries report on the Genealogy & Heraldry Bill, 2006 and notes that the Bill ‘seeks to provide a legislative framework for the delivery of genealogical and heraldic services by the Irish state’ and that it ‘aims to clarify the legal and statutory basis on which the Office of the Chief Herald of Ireland makes grants of Arms to individuals and corporate bodies’.
http://www.college-of-arms.gov.uk/Newsletter/009.pdf
CHIEF HERALD OF IRELAND
6 September 2006
Chief Herald of Ireland states that he is ‘unaware of any notion that the College of Arms does not recognise the validity of Irish grants’ and that ‘from 1943 until the implementation of the National Cultural Institutions Act the Office operated under an order made under the Ministers and Secretaries Act. To the best of my knowledge the Minister had the power to make such an order and that no specific legislation was required.’
In the same correspondence he dismissed the widespread doubts about the legality of Irish grants saying ‘What ‘international heraldists’, the College of Arms or any other body may or not believe is immaterial to the functioning of this office’.
Substantial file of correspondence forwarded to the Chief Herald and Board of the National Library of Ireland concerning two cases where the College of Arms situation was unambiguously presented.
Note: Several newspaper articles were published on the Irish heraldic issue in the period May 2006 to December 2007 – a selection as follows:-
THE IRISH TIMES
22 May 2006
‘Heraldry can help to honour Ireland’s icons’ by Michael Merrigan
IRISH ROOTS MAGAZINE
No. 38 – 2006 Second Quarter
‘Genealogy and Heraldry Bill, 2006’ by Michael Merrigan
THE PHOENIX MAGAZINE
6 October 2006
‘A New Call to Arms’
THE SUNDAY TIMES
29 October 2006
‘Irish coats of arms ‘have no legal basis’ by John Burns
http://www.timesonline.co.uk/tol/news/world/ireland/article616836.ece
DAILY MAIL (UK)
30 October 2006
‘Garter King questions legal basis of the Irish Chief herald’
‘Family coasts of arms may be worthless’ by Niamh Herbert
THE PHOENIX MAGAZINE
3 November 2006
‘English No to Irish Arms’
SUNDAY INDEPENDENT
19 November 2006
‘Lap-dancers may don President’s coat of arms, and it’s all Dev’s fault’ by John Drennan
http://www.independent.ie/national-news/lapdancers-may-don-presidents-coat-of-arms-and-its-all-devs-fault-137141.html
IRISH INDEPENDENT
15 October 2007
'Coat of arms awards suspended after legal challenge’ by Michael Brennan
http://www.independent.ie/national-news/heraldry-office-in-arms-crisis-1166855.html
IRISH INDEPENDENT – REVIEW
20 October 2007
‘A Farewell to Arms? - With the official Irish heraldry office’s legitimacy in doubt, that family crest may well turn out to be quite meaningless.’ By Kim Bielenberg
IRISH MAIL ON SUNDAY
21 October 2007
‘Arm-ageddon’ by Nicola Byrne
‘State knew the truth in 2002 but did nothing’
SUNDAY INDEPENDENT
21 October 2007
‘Red hat’ for new cardinal could mean red faces for Government’ by John Drennan
http://www.independent.ie/opinion/columnists/john-drennan/red-hat-for-new-cardinal-could-mean-red-faces-for-government-1200543.html
THE IRISH TIMES
25 October 2007
‘New heraldry law needed urgently, society claims’ by John Downes.
DÚN LAOGHAIRE EXPRESS
26 October 2007
‘Council plunged into ‘arms crisis’ by Niall Foley
IRISH INDEPENDENT
22 January 2008
‘Heraldic Museum is dearly missed’ by Ronan Sheehan
http://www.independent.ie/opinion/letters/heraldic-museum-is-dearly-missed-1271347.html
IRISH INDEPENDENT
29 May 2009
‘New coat of arms for ‘ancient’ city’ by Barry Duggan
http://www.independent.ie/national-news/new-coat-of-arms-for-ancient-city-1754818.html
JOURNAL OF THE GENEALOGICAL SOCIETY OF IRELAND
‘The Irish Law of Arms – a lingering question of authority’ by Noel Cox
Journal of the Genealogical Society of Ireland (2006) Vol. 7 (2) p 75-103
http://www.familyhistory.ie/docs/The%20Irish%20Law%20of%20Arms%20%96%20a%20lingering%20question%20of%20authority.pdf
‘IRELAND’S GENEALOGICAL GAZETTE’
‘Decisive Action by NLI Board Welcomed – But Future of Irish Heraldry in Doubt’
Ireland’s Genealogical Gazette (2007) Vol. 2 No. 9
http://www.docstoc.com/docs/8108076/
‘Parliamentary Questions Disallowed by Ceann Comhairle (Speaker)’
Ireland’s Genealogical Gazette (2007) Vol. 2 No. 10 p.4
http://www.docstoc.com/docs/8107989/
‘The continuing saga of Sections 12 and 13 of the National Cultural Institutions Act, 1997’ by Noel Cox
Ireland’s Genealogical Gazette (2007) Vol. 2 No. 11 p.4
http://www.docstoc.com/docs/8107700/
‘The legal status of Grants of Arms by the Ulster King of Arms’ 1936-1943’ by Noel Cox
Ireland’s Genealogical Gazette (2007) Vol. 2 No. 12 p.4
http://www.docstoc.com/docs/2897443/
Clear Blue Water between NLI Board and ‘Shambles of the Past’
Ireland’s Genealogical Gazette (2008) Vol. 3 No. 2
http://www.docstoc.com/docs/2625762/
‘Amalgamation of Institutions – Good Decision – Flawed Motive’
Ireland’s Genealogical Gazette (2008) Vol. 3 No. 11
http://www.docstoc.com/docs/2523734/
‘National Heraldic Register to Give Legal Status to Coats-of-Arms’
Ireland’s Genealogical Gazette (2009) Vol. 4 No. 1
http://www.docstoc.com/docs/3535859/
‘Amalgamation of Institutions – Meaningful Consultation Required’
Ireland’s Genealogical Gazette (2009) Vol. 4 No. 2
http://www.docstoc.com/docs/4324120/
‘Merger - Another Costly Fiasco? - No Comprehensive Plan – No Public Consultation’
Ireland’s Genealogical Gazette (2009) Vol. 4 No. 3
http://www.docstoc.com/docs/4801683/
‘Ombudsman, National Consumer Agency to Examine Heraldic Mess?’
Ireland’s Genealogical Gazette (2009) Vol. 4 No. 5
http://www.docstoc.com/docs/5865944/
‘Limerick City Arms Confirmed’
Ireland’s Genealogical Gazette (2009) Vol. 4 No. 6
http://www.docstoc.com/docs/7069156/
‘Minister Rules Out Compensation’
Ireland’s Genealogical Gazette (2009) Vol. 4 No. 7
http://www.docstoc.com/docs/8271103/
5. OFFICIAL ADMISSION OF LEGAL PROBLEM
NATIONAL LIBRARY OF IRELAND PRESS RELEASE
(TEXT)
Office of the Chief Herald
24 October 2007
Following public questioning of the legal basis of the National Library of Ireland’s heraldic functions, the Board of the National Library suspended the exercise of those functions pending receipt of the advice of the Attorney General on the matter.
That advice is to the effect that, on a proper construction of the National Cultural Institutions Act, 1997, the Board can exercise the heraldic powers provided for in the Act although, with minor amendment, the wording of the Act could be made more succinct.
The Board of the Library has formally brought this advice to the attention of the Minister for Arts, Sport and Tourism and understands that the matter is under his consideration.
However, in light of the advice it has received, the Board is satisfied that it can exercise the heraldic powers conferred on it by the 1997 Act and has, accordingly, lifted its temporary suspension on doing so.
The Board is aware that doubts exist regarding the legal basis of heraldic functions exercised in the State prior to the establishment of the Board. Such issues that may exist or arise in that regard are matters to be addressed by the State, and not by the National Library of Ireland.
(END TEXT)
http://www.nli.ie/en/list/press-releases.aspx
DÁIL ÉIREANN
25 October 2007
Parliamentary Questions to the Minister of Arts, Sport and Tourism, Mr. Séamus Brennan, TD
(TEXT – extract)
Deputy Séamus Brennan: Between 1949 and 2005 there was probably no power to grant the coats of arms that were being granted at the time by the Genealogical Office under the Chief Herald. In 1997, legislation passed by these Houses effectively legalised or regularised the post of Chief Herald. The legislation provides that “The Board shall, from time to time as occasion requires, designate a member of its staff to perform the duty of researching, granting and confirming coats of arms and such member shall use the appellation Chief Herald of Ireland or, in the Irish language, Príomh Aralt na hÉireann while performing such duties.”
I am advised by the Attorney General that if we want to be absolutely certain that those coats of arms that were issued between 1949 and 2005 are all above board, we probably need to introduce a short Bill. His office assures me that would regularise the position. There is no difficulty at present because the Attorney General has advised that the Chief Herald can carry on with his duties. I am sure that is an enormous relief to everybody in the House.
(END TEXT – extract)
http://debates.oireachtas.ie/DDebate.aspx?F=DAL20071025.xml&Node=H15-3#H15-3
Note: the year 1949 quoted above should have actually have stated 1943.
NATIONAL LIBRARY OF IRELAND - ANNUAL REPORT (2007)
(TEXT)
Developing and promoting heraldic collections
Following public concerns about the legal basis of the Board’s heraldic functions, the exercise of these functions was suspended in January 2007, pending receipt of advice from the Attorney General. That advice was to the effect that, on a proper construction of the National Cultural Institutions Act, 1997, the Board can exercise the heraldic powers provided for in the Act. In the light of this advice, the Board was satisfied that it could exercise the heraldic powers conferred on it by the 1997 Act and, accordingly, in October it lifted its temporary suspension. There were 20 applications for grants of arms in 2007. However, no client fees were accepted prior to October, owing to the suspension of the Chief Herald’s functions. The legal advice referred to above noted that doubts existed as to the statutory basis for the exercise of heraldic functions prior to the coming into effect in 2005 of the relevant provisions of the National Cultural Institutions Act, 1997. As this issue relates to matters that predate the establishment of the Board, the advice was brought to the attention of the Minister for Arts, Sport and Tourism.
The ‘back register’ project
The ‘back register’ project concerns the creation of new hardcopy artwork from the black and white and text entries by which Registers of Arms between the 1930s and 1980s were maintained. The new full-colour material will be made available online as it is completed and digitised, thus providing a valuable resource for both Office staff and public alike. Throughout 2007 a further 105 paintings were completed and, by the end of the year, 132 were online.
(END TEXT)
Annual Report of the Board of the National Library of Ireland 2007 (p.13) http://www.nli.ie/
6. SECOND PROPOSED REMEDY
SEANAD ÉIREANN
19 December 2008
National Cultural Institutions (Amendment) Bill, 2008
http://www.oireachtas.ie/documents/bills28/bills/2008/6608/b6608s.pdf
Bill introduced by Senator Alex White to provide a proper legal basis for grants of Arms made between 1943 and 2005.
7. ACTUAL LEGAL STATUS IGNORED
LIMERICK
Limerick City Confirms its Right to Armorial Bearings (Coat of Arms)
Thursday, May 28th 2009
http://www.limerick.ie/Press/LimerickCityConfirmsItsRightToArmorialBearingsCoatofArms/
(Press coverage throughout Irish media on this event make report the claim by the Chief Herald of Ireland to be the ‘oldest office of State’ – above is the Limerick City Council statement)
8. GOVERNMENT’S LEGISLATIVE PLANS (procrastination)
DÁIL ÉIREANN
17th June 2009
Parliamentary Questions - For Written Reply
(TEXT)
Chun an Aire Ealaíon, Spóirt agus Turasóireachta: To the Minister for Arts, Sport and Tourism.
*126. To ask the Minister for Arts, Sport and Tourism if he will make provision to compensate individuals, bodies corporate and institutions that received or purchased grants of arms during the period April 1943 to May 2005 when the State did not have legislative power to make such grants; and if he will make a statement on the matter. — Mary Upton, TD. [23945/09]
*127. To ask the Minister for Arts, Sport and Tourism if he will bring forward legislation to amend the National Cultural Institutions Act 1997 regarding all pre-May 2005 grants of arms; if not, his views on accepting a National Cultural Institutions (Amendment Bill) 2008; and if he will make a statement on the matter. — Mary Upton, TD. [23946/09]
Minister for Arts, Sport and Tourism (Mr. Martin Cullen T.D.)
I propose to take questions 126 and 127 together.
I am unaware of any corporate bodies or individuals, who were granted arms in the period between 1943 and 2005, that have any basis for compensation in respect of the grant of arms made in that period.
The arms were granted and accepted at the time and continue to be recognised to this day.
As my Department is preparing legislation which will amend the National Cultural Institutions Act, 1997 to give effect to the merger of the National Archives, the National Library of Ireland, and the Irish Manuscripts Commission it will also consider a specific amendment in relation to the arms granted during the period referred to by the Deputy.
(END TEXT)
http://debates.oireachtas.ie/DDebate.aspx?F=DAL20090617.xml&Node=H20&Page=31
NOTE: A further article by Prof. Noel Cox was published in the Journal of the Genealogical Society of Ireland (2008) and a link to the text of such will be provided in due course.
The campaign by the Genealogical Society of Ireland to have a proper legislative basis for the delivery of Irish heraldic services continues.
Regards,
Michael Merrigan
General Secretary
Genealogical Society of Ireland
www.familyhistory.ie
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