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Seanad Éireann debate -
Wednesday, 25 Oct 1995

Vol. 144 No. 17

Adjournment Matters. - Office of the Chief Herald.

I wish to ask the Minister to respond to recent correspondence in the national media on proposed changes in the Office of the Chief Herald which suggests that this ancient office has been abolished as a result of a "turf war", to use the American parlance, which seems to have broken out between that office and the National Library. I refer specifically to a letter by Dr. Susan Hood of Portrush, County Antrim, to The Irish Times last week in which she referred to this development as “both surprising and shocking”. She pointed out that the office has become the focus for people throughout the world trying to trace their Irish roots or have their coats of arms confirmed in Ireland. Dr. Hood made the significant point that the Genealogical Office operates on behalf of citizens on both sides of the Border and thus transcends the political divisions created since Partition. The Minister in his well reasoned reply to Dr. Hood's letter indicated that he believes the Genealogical Office's interests are best served by placing the supervisory role, inclusive of the granting of coats of arms, clearly under the executive authority of the director of the National Library.

The origins of the Genealogical Office date back to 1552, long before the establishment of the National Library, which was founded in 1877, based on collections acquired by the Government from the Royal Dublin Society, the beginnings of which are also predated by the Chief Herald's Office. In 1552, King Edward VI formally introduced heraldry to this country by establishing the Office of the Ulster King of Arms, generally known as the Office of Arms. The first King of Arms and principal Herald of Ireland, Mr. Bartholomew Butler, was required by his terms of appointment to "ratify existing coats of arms and assign new ones to meritorious individuals".

In 1943, the Office of Arms was transferred from British to Irish administration and was then located in the Bedford Tower in Dublin Castle. It was renamed the Genealogical Office and was headed by a State official, the late and much respected Dr. Edward MacLysaght, whose contribution to reorganising the office cannot be overstated, as I am sure the Minister will agree. It is interesting to note that the original title of Ulster King of Arms was probably used because when the Irish office of arms was established by King Edward VI in Dublin in 1552, Ulster was not yet subdued by England, which is a rather strange irony in the context of the current relationship between Britain and Ireland. However, as Dr. Paisley might say, that was then and this is now.

Interestingly, in 1922, when all branches of the Civil Service came under the control of the new Irish Government, the Office of Arms was for some reason an exception — the Minister might be able to enlighten me on that as he is a student of history — and it continued to function under British control. On the death of Sir Neville Wilkinson, the last Ulster King of Arms, in 1940, no successor to the office was appointed by the Crown and the registrar, Mr. T.U. Sadlier, carried on in his capacity as Deputy. The first director of the National Library, Dr. R.J. Hayes, put in a claim to the Government in 1943 that if and when the Office of Arms was transferred, it should be attached to the National Library under the Department of Education. As no other Department of State showed any interest in the matter, the National Library was given jurisdiction almost by default.

It is interesting that no appointment was made for three years. In the current controversy, although I use the word advisedly, the Minister in his recent reply to Dr. Hood's letter stated that he has arranged as a priority for an appointment to fill the relevant vacancy in the Genealogical Office to facilitate the continuance of the important work being done now, as in the past, and that it is expected that this appointment will be made soon. Perhaps he will be able to tell us when that appointment will be made because I draw his attention to what happened in the interregnum between the death of Sir Neville Wilkinson in 1940 and the taking over of the Genealogical Office by the Irish Government in 1943.

With regard to Dr. MacLysaght's early days in the office following his appointment, suffice it to say that his reference in his diary to "cleaning up messes" is appropriate. His worst experience was what confronted him in the Office of Arms in April 1943. It seems that the registrar, Mr. Sadlier, seldom kept a copy of a letter, most of his official registers were months in arrears and he possessed only the most rudimentary ideas of account keeping. Dr. MacLysaght also said that there were no letters in the in-tray because Mr. Sadlier did not keep them. According to Dr. MacLysaght, he was also an unrepentant Unionist, having nothing but ascendancy contempt for the new Irish Government regime. However, the good doctor said that he liked the man and had some sympathy with him.

It seems that when Mr. Sadlier was offered the position in the Irish Civil Service during the changeover of the Administration in 1922 he refused and said he was not prepared to work under the Irish Government because of his predilection to Unionism. As the Office of Arms was still under British administration, the only Civil Service position he could find in the Republic — one must be grateful he wanted to stay in this country rather than leaving — was in the Office of the Ulster Herald.

He said the result of his refusal to work for the Irish Government was employment in a subordinate and badly paid post in the library of the Kings Inns. He had reason to believe that when he lost his job in the Ulster office on the transfer of powers by the British Government to the Irish Government in 1943, he would be given a similar job in the College of Arms in London. However, his appointment was never made because the printers of Stubbs Gazette were familiar with his name and the then Garter King of Arms — the equivalent of the Irish Genealogical Herald — was particular in such matters. Mr. Sadlier ended his life in penury.

On 1 April 1943 Dr. MacLysaght was appointed as the Irish Chief Herald under the jurisdiction of the National Library and immediately set to work on the vexed problem of the Irish chiefs. I am not sure if you, a Chathaoirligh, sought to become an Irish chief, but at the time you and I would not have had any problem doing so. It seems that anyone could choose to call himself the "Mac This" or the "O That". Such people, without much difficulty, could get themselves included in the list which appeared annually in Thom's Directory, Whitaker's Almanac, and elsewhere under the heading, “Ancient Irish Chieftains”. The situation verged on the ridiculous when a Mr. Phelan became known as O'Phelan Prince of the Decies and half a dozen other people were quasi-officially designated by titles to which they had no right. It was a fulltime job to sort them out and, according to Dr. MacLysaght, the sheep were eventually separated from the goats. We can rest easy in the knowledge that anyone who has been designated a chieftain of Ireland since 1943 lays some credible claim to the title.

Time does not allow me to relate other examples of the earlier difficulties faced by the new Chief Herald. However, I refer to Dr. MacLysaght's opinion of heraldry as it was practised during his time. He said it was a bogus operation. This does not apply to the official Office of Arms. Scotland, for example, has legal sanctions to enforce its decisions. Dr. MacLysaght was referring to what he called commercial heraldry where some unscrupulous firms — there are honourable exceptions as most firms are responsible — thought nothing of giving a customer, for whose name no arms was recorded, an illustration of one which sounded something like it. For example, if a Mr. Brain visited one of these unscrupulous people he might get a coat of arms for O'Brien and so on.

Even when one of the required names is available, it is not pointed out that, apart from the sept arms — the original family arms — the arms only belong to the descendants of the person or the persons named in the grant or confirmation. The Cathaoirleach would need to prove a direct line from the family which originally got the Naughten coat of arms in 1552. I am sure he would have no difficulty doing so, as I and the Minister would have no difficulty proving our lineage.

This does not apply to the important work of the Genealogical Office. I would be glad if the Minister could assure me that the unique character and functions of the office will be explicitly provided for in statute to preserve and safeguard in the long term the important facets of Irish life represented by it. Earlier I referred to Scotland having legal sanctions to enforce its decisions, does the Minister intend to give the same legal effect to the Office of the Chief Herald and, if so, what are his proposals in that regard? The purpose of this exercise was to put on record the importance of this office, its unique history, its context in our life and its tourism value.

I welcome the opportunity to speak on the issue of the position of the Chief Herald and Genealogical Officer in the Genealogical Office, as I am aware that some concern has been expressed about my recent decisions relating to the office consequent to the recent retirement of the keeper in the National Library whose position is known as Chief Herald and Genealogical Officer.

I assure the Senator that the Genealogical Office is not being abolished, nor is the work of the office being in any way diminished. I accept, however, that the specifics of recent decisions taken are somewhat complicated in their detailed effect and that the opportunity afforded by this debate allows me to offer some explanation.

Pending the filling of the relevant keeper vacancy, I have taken the decision to add to the Director of the National Library the formal title of Chief Herald and Genealogical Officer. The purpose and effect of this decision has been to place primary responsibility for supervising the work of the Genealogical Office on the Director of the National Library. As I heard the story of the unfortunate Mr. Sadlier, I realised that the Senator had made a case for supervision. While it is expected that an appointment to the relevant vacancy will shortly be made, I should say that the title is not envisaged to be given to the person filling the vacancy. I emphasise that this does not entail any diminution of the work of the office. In the interim, I have provided for the continuance of the practice of issuing coats of arms, such arms to be prepared and executed by the official with particular expertise and who acts as deputy to the Chief Herald and Genealogical Officer.

The background to the decision requires giving some attention to the technical detail of what is involved. The Genealogical Office was formally recognised in Irish statute by virtue of the Allocation of Administration (Genealogical Office) Order, 1943, which provided for responsibility for the business and the administration of the Genealogical Office to be allocated to the Minister of the day, a responsibility that currently falls within my remit. A separate Government decision also in 1943 provided that the practice of granting of coats of arms should continue and be performed by the Chief Genealogical Officer or his deputy. Since 1943, by virtue of the Allocation of Administration (Genealogical Office) Order, 1943, the Genealogical Office has existed as a distinct entity within the framework of the National Library, as well as being linked administratively to it.

I should make it clear that the power to continue the practice of granting arms does not stem explicitly from the genealogical functions set out in the Allocation of Administration (Genealogical Office) Order, 1943, nor is any reference to prior legislative practice made in the Government decision. The origins of the practice of granting arms in Ireland derives from a royal permission given in 1552 in which the King appointed for life a person with the title of the Ulster King of Arms. This person was charged with the function of ratifying within the whole of Ireland existing coats of arms and assigning new ones through the issue of letters patent to meritorious individuals.

It is of interest to note that the costs of running the Office of the Ulster King of Arms continued to be borne by the British Government after the advent of Independence in 1921 until 1943, at which time the senior person in the office transferred to a position in the United Kingdom College of Heralds. Thereafter, the records and manuscripts of the office came under the care of the State.

In 1947, in order to lend more status to the work of granting of coats of arms and as an administrative measure, the appellation Chief Herald was added to the name of Genealogical Officer. In the period since 1943 the administrative arrangements underpinning the overall structure have gradually proved detrimental to both the Genealogical Office and the National Library, with the former regularly feeling obliged to assert its independence and the latter its jurisdiction. It became manifestly clear that it was not in anyone's interests that there should be ongoing difficulties of this nature.

As part of my consideration of forthcoming legislative proposals for the establishment of the National Museum and National Library as autonomous bodies, I considered that the functions of the Genealogical Office constitute a valuable cultural resource for the country and that the interests of the Genealogical Office would be best served now and in the future by placing the supervisory role under the executive authority of the National Library. Accordingly, the Government recently decided that the functions and practices of the Genealogical Office should be explicitly provided for in statute within the framework being provided for the National Library.

I believe that the decisions taken and in train will be seen as necessary to provide for the future prosperity of that office. I note that even those critical of my decision agree that the lack of clarity in the past has not been helpful to the work of the Genealogical Office. I also note the view expressed that the Genealogical Office might be better served by being established as an entirely separate entity. While I do not accept the contention in that respect, I will be happy to listen to the arguments put forward and examine any points made on their merits, once the broader legislative proposals are published and as they are proceeding through the Oireachtas.

On the specific point as to whether, for example, I intend to emulate the Scottish practice, I assure the Senator that whatever I do will be within the ethos of our sovereignty and position as a republic.

I am grateful to the Minister. When the Genealogical Office and the Office of the Ulster King of Arms was formally recognised after the transfer of administration in 1943 its functions were transferred in toto with one notable exception — the right to continue the Order of St. Patrick. Can the Minister give thought at some stage to reintroducing this old and much valued order in the context of distinctive orders to people of merit in Ireland, which would be in keeping with our republican ethos as much as anything else?

It would be unconstitutional to introduce it at present. It was considered by some of my distinguished predecessors.

The House adjourned at 8.30 p.m. until 10.30 a.m. on Thursday, 26 October 1995.

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