 |  Monthly Newsletter of the Genealogical Society of Ireland Vol. 7. No. 4. April 2002 |
| Monthly Newsletter of the Genealogical Society of Ireland Vol. 7. No. 4. April 2002 |
A NEW BEGINNING URGENTLY REQUIRED
Case for an Irish Genealogy & Heraldry Bill now Stronger than Ever
Well the dye is cast and only a fool would have expected otherwise as the Social Welfare (Miscellaneous Provisions) Bill is rushed through both Houses of the Irish Parliament leaving the continued public accessibility to the records of the General Register Office now in some doubt. This deplorable exercise and wanton disregard of the views of a sizeable number of the users of the GRO was not unforeseen. Indeed, back in May 2001 when the Dept. of Social, Community & Family Affairs launched a "consultation" document "Bringing Civil Registration into the 21st Century" this Society, alone in Ireland, warned against buying into this sham consultation process in the manner prescribed by the Department. The questions posed by the document were designed in order to produce a particular outcome that manifested itself in this legislation, which was rushed through the Oireachtas before the imminent announcement of the General Election.
Consultation a Sham
The May 2001 issue of this newsletter warned of the limitations of the proposed scheme, the closure of access to certain data, the different levels of access and the absence of any timeframe for the implementation of any new procedures proposed, including any accessibility to computerised records. The article warned of the inevitable shift from "public records" to facilitate "an opportunity to introduce greater safeguards and controls" permitting the reclassification of the GRO records as "personal records on individuals held by the State". Indeed, a further reclassification involved the introduction of "historic records" which would be applied to those records over 50, 75 or a 100 years old. Some genealogists advised opting for 75 years closure, apparently unaware that by doing so the universal access presently enjoyed, no matter how flawed, was conceded and ultimately doomed. Others took the view that if closure was necessary, and that’s far from certain, the normal 30 years applied to other government papers is the only option that should be considered. A reading of some of the submissions received by the Department and obtained under the Freedom of Information Act, shows that few of the genealogical organisations in Ireland heeded this Society’s warning that the consultative process was fundamentally flawed. This contributed to the situation we find ourselves in today with the passing of this legislation.
No Amendments Accepted
A gallant effort was made by Opposition Teachtaí Dála and Seanadóirí and others, including this Society, to get the Minister to amend the Social Welfare (Misc. Prov.) Bill. Indeed, during the debate the Council of Irish Genealogical Organisations (CIGO) was praised for providing expert advice on aspects of the Irish civil registration system. However, letters to newspapers now crying foul play by the Minister will do little, at this stage, to resolve the problems faced today by Irish genealogists. No matter how well intentioned, concentrating on the minutia of the Civil Registration system obscures the vastly more important issue of public accessibility to the records of the General Register Office. This was the central issue conveyed in this newsletter in January and February 2000 when the Society’s "North/South Proposal on the Records of the GRO, Dublin" (copy available to view on this Website) was published to achieve the maximum public accessibility to the GRO records in Ireland. The initiatives outlined in this proposal were amongst those adopted at the Society AGM of October 1997 and indeed, they are as relevant now as they were five years ago.
Valuable Lessons Learned
If there is any lesson to be learned from this recent fiasco, it must be that Irish genealogy and especially, the provision of genealogical services in Ireland urgently requires central planning, policy formulation and co-ordination from within the state sector. It seems that nobody, except for genealogists, view the body of documents and sources associated with genealogical research held by the state and others to represent a single heritage resource. Each department or state agency considers the documents of genealogical value in their possession as solely objects of their day-to-day functions and duties. Many officials view genealogists as a nuisance and no where is this more clearly displayed than within the department sponsoring the latest piece of legislation.
A New Beginning Required
Clearly genealogists cannot go on fighting skirmishes with this and that department or state agency over accessibility, quality of service or indeed, the need to maintain records in a particular manner or place. This is especially true for those who engage in commercial genealogical research for their livelihood where the uncertainties surrounding access to records and the unreliability of services cannot be sustained indefinitely. Genealogy needs a central authoritative figure within the state sector charged with overseeing the formulation of policy, planning and ensuring accessibility for the public, including professional genealogists, to records held by all state departments and agencies. This person would require legislative authority to underpin the performance of such a wide ranging brief including the provision of guidelines for departments on the maintenance of records of genealogical value and, indeed, with the power to determine whether records meet such criteria. Above all, genealogists and others interested in genealogical records, would have in such an authoritative figure a conduit, within the state sector, to heads of departments, ministers and others who may have responsibility for the keeping of records of genealogical value. The government and ministers, on the other hand, would be facilitated with an "in-house" expert advisor on matters concerning the provision and development of genealogical services in Ireland.
A Wider Legislative Agenda
However, the establishment of such an authoritative position within the state sector alone would not be a prudent use of a legislative instrument. But the opportunity afforded by the legislation could also deal with the provision of accurate and binding definitions; the Office of the Chief Herald; the Hereditary Chiefs; an Irish Vexillological authority and the establishment of Standing Advisory Committees. Whilst, this Society proposed the introduction of an Irish Genealogy & Heraldry Bill back in October 2000, the proposed headings for such legislation are published here for the first time, hopefully, igniting sensible and reasoned debate amongst all concerned with Irish genealogy, heraldry, hereditary chiefs and/or related matters. These are just headings requiring fleshing-out at a later stage.
A Common Approach Needed
It is hoped that sufficient support would be achieved amongst the genealogical community in Ireland to have a provision for the introduction of an Irish Genealogy & Heraldry Bill included in the programme for government for the 29th Dáil Éireann.
IRISH GENEALOGY & HERALDRY BILL
The following points should be considered for inclusion in an Irish Genealogy & Heraldry Bill as proposed by the Genealogical Society of Ireland.
- Clear definition of genealogy and genealogical records / material / heritage
- Clear definition of heraldry and the nature of armorial bearings
- Designation of place of deposit for genealogical and heraldic records
- Establishment of the Office of Chief Genealogical Officer, based at the National Library of Ireland, to oversee the formulation, planning and execution of policy in respect of genealogy and associated records, especially, the public accessibility to such
- Establishment of a supervisory / advisory role for the Chief Genealogical Officer in respect of government departments, local government or State agencies holding such records
- Establishment of a National Inventory of Genealogical Records held by the State or by private institutions and the publication of such
- Establishment of a mechanism to underpin best practice in the storage and public accessibility to genealogical records in liaison with the Heritage Council
- Establishment of the "Principle of Public Ownership & Right of Access" to our genealogical heritage for persons in Ireland and the Irish Diaspora
- Recognition of the importance of records of Baptisms, Marriages and Burials held and maintained by ecclesiastic institutions in Ireland as part of the Nation’s genealogical heritage
- Establishment of a Standing Advisory Committee on Genealogy to assist and advise the Chief Genealogical Officer with members from the commercial and voluntary genealogical organisations in the State
- Establishment of a State acquisitions policy in respect of genealogical records in private hands whether at risk or not
- Prevention of the export of original material whether in State or private ownership
- Application of functions to the Office of the Chief Genealogical Officer in respect to the provision of educational and promotional material / programmes for genealogy
- Legislative establishment of the prerogative rights of the Office of the Chief Herald of Ireland
- Legislative protection for armorial bearings in the Republic
- Legislative regulation in the application for and granting of Arms and Letters Patent
- Legislative framework for fees charged by the Chief Herald of Ireland
- Protection of copyright in respect of armorial bearings
- Legislative regulation and requirements in respect of heraldic records
- Protection of rights to inheritance in respect of armorial bearings in the Republic
- Definition of types of grantee, i.e. corporation, individual, local authority etc.
- Rights of grantees to the free use of armorial bearings and protection of such
- Protection and defined use of the Arms of Ireland
- Establishment of a Standing Advisory Committee on Heraldry and Vexillology to assist and advise the Chief Herald of Ireland on such matters
- Legislative establishment of Office of the Chief Herald as the vexillological authority for Ireland
- Clear definition of vexillology and vexillological records / material
- Establishment of a "Vexillological Register" for Ireland and a mechanism for the granting of Letters Patent in respect of flags and emblems by the Chief Herald for State, local authority or corporate bodies
- Legislative protection for flags and emblems in the Republic, especially, the National Flag and the Presidential Standard
- Legislative regulation on the maintenance by the Chief Herald of a register of Irish Hereditary Chieftains as "national treasures" and as an embodiment of our ancient genealogical heritage, including, the requirement for the strict scrutiny by independent genealogical researchers of all applications for courtesy recognition of "hereditary chieftains"
- Provision for the awarding by Government of a Special Grant of Arms to individuals in recognition for services to the State, community, business, arts, sports or education, including Letters Patent outlining the reasons for the award
The Society welcomes comments and suggestions as to the furtherance of this important proposal in the interest of Irish genealogy and heraldry in the 21st century.
JOSEPH A. MUNGOVAN, MGSI
+ RIP +
News has just reached the Board of the death on Wednesday 3rd April 2002 of our American member, Mr. Joseph A. Mungovan. Joseph died from complications from recent surgery. He will be buried at Queen of Heaven Cemetery, Hillside, Illinois following Mass at Christ the Servant Church in Woodridge. Joseph’s daughter, Barbara Mungovan Koch MGSI, kindly donated funds to the Society to enable us obtain a grant of a heraldic badge from the Chief Herald of Ireland. The badge quickly became known as the "Mungovan Badge" as it was dedicated to her father Joseph A. Mungovan. The GSI Membership Card displays the "Mungovan Badge" with pride in memory of Joseph. The Cathaoirleach, Rory Stanley, FGSI, the Board and Members of the Society extend our deepest condolences to Barbara and her family on the passing of her father.
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