Mark Daly (Fianna Fail) | Oireachtas source

I thank everyone for being here. The national anthem, Amhrán na bhFiann, belongs to everyone and is one of the key symbols of our State. It is worthy of respect and our consideration today is about its protection and recognition by this State. When I wrote these words earlier this morning, I noted that it was written by Peadar Kearney in 1907, as that is what appears on the Government website, but through this public consultation process we have learned that it was not composed until 1909 or 1910. The Irish language version was translated by Liam Ring and the music was composed by Patrick Heeney. We are deeply honoured and indeed humbled to have descendants of the Kearney and Ring family here with us today in the Gallery.

The national anthem has been sung on the most important State occasions. It was sung last year on the occasion of the 100th anniversary of the 1916 Rising and was sung in the GPO itself during the Rising. As Councillor Ring has pointed out, during the singing of the anthem in English, in the GPO on the Friday before the evacuation, the Rings commented that it would be better if it was sung in Irish. Such is the origin of our national anthem.

The national flag, the harp and the anthem are important symbols of the State. The flag is enshrined in our Constitution in Article 7 where it states that the national flag is a tricolour of green, white and orange. The national flag is protected by protocol and copyright law. The harp is protected by a patent which has being placed upon it by the State. The national anthem does not have any official recognition or protection and the Irish Sign Language version was never was never formally adopted by the State.

I thank my fellow Kerryman, Senator Paul Coghlan, for chairing this public consultation process, fellow members of Seanad Public Consultation Committee, Senators Buttimer, Byrne, Conway, Ardagh, Freeman, Ó Céidigh, Devine, Kelleher, and to the other Senators who are here today. I thank Bridget Doody, the clerk of the Senate Public Consultation Committee, and to Grace Coyle and Aliana Caridad for their work on this over recent months. We thank all those who made submissions and especially thank all those who have attended today.

It is fitting and appropriate that the Minister of State, Deputy D'Arcy, is here. As Minister of State at the Department of Finance he will outline the Department's role in protecting the national anthem.

It is appropriate the Minister of State, Deputy D'Arcy, is here today because it was a Cumann na nGaedheal Deputy who asked the Minister for Defence a Dáil question in 1926 about what the national anthem was. There was doubt about whether it was "Amhrán na bhFiann" or "Let Erin Remember" because the latter had been sung in the 1924 Olympics as the Irish team's national anthem.

Professor O'Dell, as an associate professor of Trinity College, will offer us an academic viewpoint on the protection that could be afforded to the national anthem. The argument offered by Professor O'Dell is that legislation rather than copyright could be utilised. He has included a draft of a Bill for the national anthem and the presidential salute which details issues such as respect, dignity, liability, performance, advertising and remedies with regard to the national anthem. It is a very important submission for the understanding of the relevant points of a possible legal protection for the national anthem.

Ms Hazel Tunney is a qualified Irish and European trademark and design attorney with 17 years' experience in her profession. She will outline the trademark protections for official State emblems and symbols. Ms Tunney will address the importance of protecting these emblems through trademark, design rights, patent and copyright legislation. Her submission is important for understanding the relevant legislation on State emblems and symbols that pertains or which could be used for the protection of the national anthem.

Mr. Alain Newstead is a sixth year student at Bishopstown community school and is a proud deaf citizen who uses Irish Sign Language as his native language. In his submission, he outlined the lack of a sign language interpretation of the national anthem. The submission is important as it outlines the lack of an enshrined interpretation of the national anthem for all citizens. Also in attendance is Mr. John Cottrell, a member of the student council and Ms Denise Dowling, a teacher. We also have Mr. Darren Burke and our interpreters with us. Students of Eureka national school are here in the Public Gallery and I thank them and their teachers for their attendance. Ms Alex Martin and Ms Emily-Jo White will give their presentation on behalf of the students. Their teachers, Mr. Stephen McKee and Ms. Danielle O'Reilly, are here with them today to outline that students take immense pride in the national anthem as a symbol of the State. Their submissions address the need to enshrine the special status and appropriate use of the national anthem in law and to determine what laws should be put in place on the rules for its commercial use. Their submissions will address extending the protections we have for the harp and the flag to the national anthem. Their submissions will detail the protection that should be afforded to the national anthem and how it is important to all citizens of the State regardless of which generation they are.

On 1 January 2013, the 70th anniversary of the death of Peadar Kearney, the national anthem copyright expired and was no longer protected by the laws of the land. I introduced the National Anthem (Protection of Copyright and Related Rights) (Amendment) Bill, which would give legal recognition to the national anthem for the first time and protect it. I also suggested that we should carry out the Seanad public consultation process. I thank the officials from the Department of Finance for their assistance in this regard. I am honoured to be the co-ordinator of the public consultation process and to get the views of all the citizens of the State on what should be done with regard to the national anthem.

When the public consultation process has concluded, I will be compiling a report and if necessary drafting legislation, protocols or guidelines on the people's song, our national anthem, "Amhrán na bhFiann".