Pat Breen (Clare, Fine Gael)
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Question 8: To ask the Minister for Arts, Sport and Tourism the situation in respect of the issuing of coats of arms; his views on the issues the controversy raises in respect of the administration of the Genealogical Office and Office of the Chief Herald; and if he will make a statement on the matter. [25582/07]

Séamus Brennan (Dublin South, Fianna Fail)
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I have no statutory function for the matters referred to by the Deputy. The issuing of coats of arms and the administration of the Genealogical Office and Office of the Chief Herald are both the responsibility of the statutory board of the National Library of Ireland under sections 12 and 13 of the National Cultural Institutions Act 1997.

I have been advised that the board of the National Library has lifted its temporary suspension on the granting of arms on foot of legal advice it has received which is to the effect that under the National Cultural Institutions Act 1997, the board can exercise the heraldic powers provided for in the Act. The board has also recently referred this advice to my Department as it has a bearing on certain functions discharged by the National Library prior to its corporatisation in May 2005. My departmental officials are considering this legal advice in consultation with the Office of the Attorney General as to what legislative action, if any, may be required.

Olivia Mitchell (Dublin South, Fine Gael)
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I like to think that my question instigated that response. I am very pleased the Attorney General has suggested that the legislation that is in place is sound, if possibly not as robust as it should be. Is the Minister contemplating legislation to make, as he suggested, the existing legislation, which empowers the Office of the Chief Herald to issue coats of arms, more succinct? What is the problem? Can we retrospectively deal with the fact that there was no statutory basis for 40 or 50 years? This was slightly embarrassing for us. I am sure this can be resolved but could we move to do so before there is any more egg on our face?

Séamus Brennan (Dublin South, Fianna Fail)
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I advise anyone planning to pull down their coat of arms over their mantelpiece, as well as the shotgun, to hold off for a while.

Olivia Mitchell (Dublin South, Fine Gael)
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Action is on the way.

Séamus Brennan (Dublin South, Fianna Fail)
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Action is on the way. It is not necessary to destroy one's coat of arms yet or take it off one's gate——

Olivia Mitchell (Dublin South, Fine Gael)
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The Minister can see how effective I am.

Séamus Brennan (Dublin South, Fianna Fail)
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——even if they are electric gates nowadays.

Deputies:

It depends where one is.

Séamus Brennan (Dublin South, Fianna Fail)
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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, PríorahAralt 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.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Upton to celebrate this event.

Mary Upton (Dublin South Central, Labour)
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I am mightily relieved at this outcome. This issue has been kicked around like a football, to use a sporting term, between everybody and anybody with references to 1922, 1943, 1997 and 2005. I hope the legislation required, however short and hopefully not too demanding, will be introduced quickly and that the matter will be finally resolved.

Olivia Mitchell (Dublin South, Fine Gael)
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The Minister can expect it to have our full support.

Mary Upton (Dublin South Central, Labour)
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It will ensure our coats of arms will be protected.

Séamus Brennan (Dublin South, Fianna Fail)
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On a serious note, there is a tourism aspect to this issue which has been useful for the country and I would like to build on that. With the large number of our people throughout the world, this country requires a good professional genealogical service, which I believe we have.