The Office of the Chief Herald of Ireland and Continuity of Legal Authority

Dublin University Law Journal, Vol. 29, pp. 84-110, 2007

27 Pages Posted: 4 Jun 2008

Date Written: 2007

Abstract

In 2006 a Private Member's Bill to establish clear legal authority for the Genealogical Office and the granting of armorial bearings by the Chief Herald of Ireland was withdrawn from Seanad Éireann, after the Minister responsible for the National Library of Ireland, in which the Genealogical Office is located, indicated that he would not support it. The rationale for the Genealogy and Heraldry Bill 2006 was the continued uncertainty, at least in some quarters, over the legal authority for grants of arms. This derived from the means by which the Genealogical Office inherited the role and responsibilities of Ulster King of Arms in 1943. This had ostensibly been based in the royal prerogative, which was not inherited by the Irish State in 1922, nor when it became a de facto republic in 1937, or a de jure republic in 1949. This uncertainty was resolved, or so it was believed, by section 13 of the National Cultural Institutions Act 1997, which came into force in 2005. However, as shall be seen, although this provision has gone some way to resolving this long-standing and unsatisfactory situation, it has not brought an end to the doubt and uncertainty that surrounds the Genealogical Office, and by association, Irish genealogy and heraldry in general.

Keywords: law of arms, Ireland, royal prerogative, heraldry

JEL Classification: K1, K4

Suggested Citation

Cox, Noel S.B., The Office of the Chief Herald of Ireland and Continuity of Legal Authority (2007). Dublin University Law Journal, Vol. 29, pp. 84-110, 2007, Available at SSRN: https://ssrn.com/abstract=1065141

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