John O'Donoghue (Kerry South, Fianna Fail)

I have concerns about the proposals for the registration and granting of arms. The constitutionality of the proposal to grant emeritus arms to meritorious individuals requires clarification. I am not satisfied that the granting of emeritus arms is an appropriate method of recognising meritorious individuals.

The Bill proposes to grant retrospective confirmation to grants of arms made between 1 April 1943 and the present. Not only has the need for such a procedure not been established but even if it had, its constitutionality would need to be fully considered.

The Bill provides for the designation of Gaelic chieftainship in grants of arms. This is an issue that has arisen previously and led to practical difficulties in determining eligibility regarding use of the appellation of Gaelic chieftainship. I am not in favour of legislating for this issue and I am of the view that it is a matter for persons styled as Gaelic chiefs to devise procedures that would clarify the line of descent. I do not see any role for the State in this process and I also must point out the apparent irony and historical contradiction in suggesting that the determinant for Gaelic chiefship is that of primogeniture, the first-born male, when this was not the system used by clans and septs to select Gaelic chiefs. This is, however, a moot point.

On the issue of a national vexillogical register, a register of flags, I am unconvinced of the need for such a register. This is not an area coming under the aegis of my Department at present and I see no compelling case for legislating for it. The Government would have to be clearly convinced that existing arrangements, such as they might be, are unsatisfactory before it would consider legislation of the extent proposed in the Bill. I am not clear why this is an area that requires legislative intervention and I am even less clear as to how the area of vexillogy——