Victor Boyhan
Agricultural Panel · Independent · Ireland
“It also mentions the agrifood sector and the importance of diversification in agriculture, the maritime sector, coastal communities and fishing communities in terms of rural policy.”
“I know from my engagement with both the Department and the Minister that over 900 submissions to the consultation process were received. No Member or parliamentarian will have had the opportunity to consider the anonymised version of these consultations, which contain many good suggestions in favour of the regulations and many concerns in…”
“I welcome the Minister and the official to the Seanad. This is particularly important Private Members' business. I thank Senators Collins and Tully for setting out the background and the rationale behind their Private Members' motion. I acknowledge the Minister's exceptional commitment to rural Ireland and his Ministry.”
“I am conscious of the Minister's public consultation, and I acknowledge it and thank them for it, in relation to the Our Rural Future work programme in 2025. In fairness to him, he did not stop at that. I received a further update when I requested it from his office very recently.”
“This will come about through that process. It is for the Minister to decide. Maybe he will do so tomorrow when the regulations are dealt with. However, when Senators are in this Chamber discussing these regulations tomorrow, they will have no sight of any constituent who made a submission. That is my first item.”
“I am pleased to see Senator Byrne in the Leader’s chair. I wish him well in that job. I also wish him well in his new position as Government Whip. There are three items I wish to discuss today. First is the exempt development regulations, which are being covered extensively in the media.”
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“I understand that 2026 will be designated as the year of women in agriculture across the EU and there are real opportunities for us to embrace that. I hope the Minister will be centre stage in all of this. We need to promote gender equality. This is something that is not discussed so much in terms of agriculture but it is an overall Common Agricultural Policy. It is about sustainability, people and a response to their needs. We need to promote gender equality, employment growth, generational renewal, social inclusion and local and community development and engagement. The women farmers' capital investment scheme, with which the Minister will be familiar, needs to be reviewed to ensure it is effective. From what I am hearing from groups, I am not sure about how effective it is, so I ask the Minister to consider that.”
“We teased that out in the Oireachtas Committee on Agriculture, Food and the Marine and the Department. Of course, the Minister has been in that Department for a long time anyway, so he knows the trajectory of that. We have significant buy-in from the agricultural representative bodies. That is all very positive. I want to turn to the issue of women in agriculture. I go back to something I read in a newspaper about the Minister's mother, who spoke about her resilience in negotiating and keeping the family farm going. The Minister also has that experience. He brings that to the table, which is another great plus. We need to fully implement the national women in agriculture action plan, with which the Minister will be very familiar, and drive it forward.”
“We also need to look at the bio-economy, the circular economy, sustainable forestry and sustainable horticulture. Why are we importing so many vegetables, for instance? There is a demand for it. There is new growth and interest in organics and we have to embrace that. There has to be diversification in agriculture and that comes at a price, but if we have premium produce, I have no doubt we will find markets. That is important. There is talk about simplification, which is a great word but it is often overused. In the Irish Farmers' Journal two weeks ago, a farmer spoke about the mental torture caused by the delay in ACRES payments. That is a problem. I salute the farmers' charter, which is the blueprint for going forward. There are clear rules of engagement there.”
“They are not tied into the same rules and regulations as the European Union. What happens when we import cheaper beef? Our markets will drop. We know where our markets and national agriculture production are going. Great Britain is a critical and important part of that. Our recalibration or our relationship with it in terms of the economics and sustainability of agriculture is critical to all of that. We have to look again at labour costs. Labour and energy costs, as the Minister well knows, are the two biggest challenges facing agriculture. How can we develop and support under CAP sustainable energy alternatives? That needs money. It needs funding but it also needs innovation, encouragement and support, and that is really important.”
“We have to address this for once and for all and ensure we have guidelines for rural housing that will allow people in Kildare, Kerry, Waterford and all over the country to build and live on their family farms. These are not dormant family farms; they are active. There is a huge issue around that. We have to continue to foster knowledge, innovation and technology because that is where agriculture, like so many other sectors, is going. That is important. We need to ensure the economic viability of our farms, as well as their profitability. We also have to examine the challenges in the international markets and potential tariffs coming our way from the US and further afield. We also have to address issues pertaining to the UK, including the British Government's arrangements with Brazil, New Zealand, Australia and other places.”
“As the Minister knows, there are ten key policy objectives in the CAP, which is important. It is also important to spell out some of them. They include ensuring a fair income for farmers, increasing competitiveness, improving the position of farmers in the food chain and supporting generational renewal - I will return to this because it is critically important and a central theme of the CAP. We have spoken about the importance of climate action. The CAP also refers to the care of our environment, which is crucial, as well as to preserving our landscapes, biodiversity and vibrant rural communities. We cannot have vibrant rural communities, as I said earlier, unless we have people living in our communities. Guidelines for rural housing impact the work of this Minister as well as other Ministries.”
“It is also important to remember that the CAP strategic plan plays an important role in advancing Ireland and EU agriculture towards a more sustainable farming system. With that comes innovation, technology, new learning, information transition, which is very much a part of the scheme, and new farm schemes. The CAP seeks to fortify rural socioeconomic structures, strengthen farm incomes, ensure food security, drive climate action, help to safeguard our natural resources and enhance biodiversity. That can all be done in a sustainable and profitable way. I will keep returning to the themes of sustainability and profitability. Farming can be sustainable and profitable. We hear a lot about farmers being the custodians of our land. They are. We are all custodians of our land. Farmers want to be supported in doing that.”
“No one is in business if it is not profitable. I am particularly pleased to be associated with the celebrations around the elevation of the Minister and to convey the wonderful joy of the people in the community he has so ably represented. I am also conscious that he follows in the strong tradition of Charlie McCreevy and Alan Dukes, two very distinguished and able Ministers from Kildare. The CAP is worth almost €10 billion to Irish farming families. Our strategic plan under the CAP aims to protect farm incomes, support our climate goals and recognise farmers as hard-working, regardless of where they live in a county or country. The Minister told us that his focus here today was on the draft CAP post-2027, which is clearly important.”
“What better place to live than between the plains of the Curragh and west Wicklow? I knew the Minister's mother and how, at the age of eight, he came to take on the mantle of farmer on his family farm. That makes the Minister equipped for his role. He is a man of the people and a man of agriculture and he is from a rural community which understands people's needs. When I set out to put a few words and thoughts together on the CAP, I was yet again reminded, if I did not need to know already, that, as a fella in the city said to me, it is more than the moos and baas. It is about rural development and sustainable rural communities. Sustainable rural communities have to be profitable and I believe people can be environmentally sensitive and sustainable while also being profitable. That is a challenge.”
“I congratulate Deputy Heydon on his elevation and achievement. No better man is deserving of the post. I know quite a bit about him. I am sure he knows that my roots are in Kildare. He lives in Blackrath in Colbinstown, which falls between two great places in my life, mind and heart, namely, Grangecon in west Wicklow, which is close to where the Minister is from, and the lovely village of Narraghmore. The day it was announced that Deputy Heydon would be the Minister, I happened to be in the Hob, formerly Kelly's pub and warehouse, with which the Minister is very familiar and is supportive of. It is not in Colbinstown, but is close to where the Minister lives. There was a great sense of pride in the people there. There are people with larger and smaller farms in the area. It is a beautiful part of the world.”
“We can talk about all the common agricultural policies we like but if we do not have young farmers and families living in rural communities in houses on land that they own or their families own, we will not sustain and support small farm enterprises across this country. We have had successive Governments promise us draft planning guidelines. At one point it was suggested that the Green Party was an impediment to progress here. We now have a new Government and a new Administration, and it is important that we have the Minister for housing come to this House and tell us what the plans are. How can we take away the obstacles faced by people in the Deputy Leader's area of Kildare, or those in Galway, Kerry or wherever it may be? People want to live on the land of their heritage and their forebears.”
“I will leave that with the Deputy Leader. I want a report on it. There would usually be other channels but they are not available at the moment. The commission is in abeyance and I do not want to go out of here this summer or Easter and not know what is happening. When the next American or anyone else comes to this House, I want to bring them to that flag. I will finish up by asking the Deputy Leader if we could have a debate on rural housing. I thank her and the Leader's office for organising a debate with the Minister for agriculture on the Common Agricultural Policy, CAP, today.”
“I join with others in commending the Cathaoirleach on his round of engagements in the US. As always, he did us very proud there. He is fiercely committed to it and that special relationship with the United States of America. That prompted me as I was coming up the stairs where we now have a collection of photographs to consider again the John F. Kennedy battle flag that was on display for many years at the bottom of the stairs. It is the item that is most sought after and prized in these Houses. That and the Proclamation are perhaps the most significant symbols within these Houses, and I would like the Deputy Leader, in liaison with the Cathaoirleach, to organise for a report to be done on that. Of course, John F. Kennedy came in 1963 and presented the flag, which is well documented, and it should be displayed.”
“I thank the Minister of State for the detail and his passion for this important subject. He mentioned Dún Laoghaire Harbour. He and I know it because we both served on the council where the harbour is located. It is known locally as the harbour of tears and we understand why. So many people emigrated. They did not fly; they left mainly from Dún Laoghaire and Dublin ports. There were two key messages I am very encouraged by. The Minister of State said: An important part of Ireland's diaspora strategy is a commitment to heal the relationship with those who left Ireland in crisis and survivors of institutional abuse. Britain is home to the largest numbers of victims of institutional abuse. I have had that experience, as I have shared in this House. I do not like getting emotional but I can see people leaving our harbour of tears.”
“For those who are the most vulnerable and who were chased out of this country or felt that they had to leave for a better life and did not achieve that better life, we need to continue to advocate for them and tell them that we are here to support them through the established agencies that the Minister of State, his Department and the embassy work with in London. I wish to acknowledge the enormous work of our embassy in London and Martin Fraser. It is greatly encouraging what he is doing and we need more and more of that.”
“There is a commonality and there is a humanity in all of their stories that we need to respond to. I know the Minister of State is fully committed to this. I know of his deep work in building relationships on the islands. Can we, however, continue to develop and reach out to the London Irish Centre and the lunch clubs? There are many lunch clubs. My sister is involved in a lunch club five days per week in Falconwood, just outside London, where up to 60 people who are in their seventies and eighties come for lunch and support every day. Sometimes they need assistance navigating their social welfare payments and other issues. It is not possible to bring them all home but it is possible to interplay with and support the agencies that support our people. That is very important.”
“It is important that we reach out to many of our citizens, who are trapped in the other parts of the word. I do not have time to talk about America and other places and the undocumented, but we know there are many undocumented Irish struggling in Birmingham, Manchester, London and other parts of the UK. I am greatly encouraged by the positive work that is happening but it is important that we continue to build on that network and continue to support our people. They are our people; they are of us; they are our relations; they are our family; and they are steeped in their sense of Irishness. One of the things we encounter when going to Liverpool, Birmingham and all over the place, particularly on St. Patrick's weekend, is that great sense of pride. We and they are Irish.”
“I wish to touch on the issue of the emigrant support programme because while we celebrate the great diversity of Ireland and our heritage, we also know that many Irish people in the forties, fifties, sixties and seventies left this island through no choice of their own. It may have been social stigma. There were many young pregnant women who left with a promise that they could come back but they were never welcomed back. I met some of those women last week and there are sad stories. I sat on the tube the other day in London between Richmond and Westminster and there was an advertisement on the train encouraging people to engage with the mother and baby redress scheme, which is positive. I do not see those advertisements on buses, trains or DARTs here. There is an awareness. However, there is not a big enough awareness.”
“"You win their hearts, you win their minds" is an old expression and I firmly believe that. For those who were in Westminster and in other parts of these islands last week, anything that cements relationships has to be positive. The work the Irish centre is doing is excellent. I wish to acknowledge our ambassador, Martin Fraser and his team in London. They do an exceptional job. They too joined us in Westminster and engaged in the dialogue, conversation and the social aspects of that visit. Much was learned and a greater depth of understanding between us was teased out and developed.”
“I thank the Cathaoirleach for selecting this matter. I welcome the Minister of State and thank him for coming here to directly deal with this issue. My Commencement matter addresses the need for the Minister to make a statement on the Irish emigrant support programme, ESP, in the United Kingdom and the ongoing funding opportunities. I spent a week in London, including St. Patrick's weekend, as did many Members of the Seanad and the Dáil as part of a delegation led by Deputy Feighan. I wish to thank him for that ongoing work and building of that important, mature, new, emerging relationship between the islands. It is extremely important that should continue. I believe in the term "soft power". Relationships are very important. As we meet across the various jurisdictions, it is important that we develop.”
“She is a very busy person - we are busy too – but she extended the time for the debate and we were able to complete it today. On behalf of everyone in the House, I sincerely thank her for the type of engagement we had and for the intelligent responses she gave. She did not come in and read scripts; she really engaged and got a sense of what people in this House were saying. I acknowledge that.”
“I do not want to let the opportunity go without thanking the Minister for her very productive engagement. It bodes well for us. We, on this side of the House, thank her and acknowledge and echo what she said about the people on the front line of the health service whom the Minister is dealing with and witnessing every day, who are doing important work. We must acknowledge that as it is very important. The level, depth and sincerity of the Minister's engagement and her openness to engage are something we do not see every day in the Seanad. I have been here for ten years. I acknowledge that because it is important. As a result, there was a relatively smooth transition and ten Stages of a Bill were dealt with in a very short time. I again thank the Minister.”
“There are a lot of questions there, and it is a matter for the Minister but it may warrant a referral to a more specialised second look or an external look. We are here to work with the Minister; it is not about beating people up here. It is about making this arrangement and tackling these issues so we can address them for the people who are on these lists.”
“Had I known what I know today, having read the brief the Minister was given, that there was now going to be a question by her Department about the task force, we would have been adding additional amendments to this legislation. What the Minister might say and share with us on that is going to be helpful. We want to get on with it but it is important we are going to learn. We have to analyse the past and the mistakes that were made. We have to increase capacity. We have to address the risks and mitigation that are in the audit report that is before the Minister. I will finish by saying this. I want the Minister to look at that report. I respectfully ask her to look again at that HSE internal audit report.”
“They described the Minister as having made arrangements in the UK, in the NewYork-Presbyterian Morgan Stanley Children's Hospital in New York, and of course Great Ormond Street Hospital for Children. I do not like informal arrangements, and I refer to 16 patients who received surgery. I understand again, from briefings I read from a number of reliable sources, that there are plans to continue that practice for the moment, and I accept that. The Minister might touch on that because, again, it is about accountability, transparency and communication. It is about engaging with the patients, the children - that is a really important part - and their parents and guardians. There is an information deficit on that. I want to touch on two or three issues. We have problems. The task force is really important and I had hoped it would stay in place.”
“That briefing document in itself is fairly challenging for the Minister but this is not the day to go through that and we will have another opportunity to talk about that. We are on the issue of the availability of nurses, the availability of theatres, the resources that are required, and the validation of the waiting lists. It goes back to that central theme in our proposed legislation - the role for the National Treatment Purchase Fund. That is a good model. It works, and I want to see on a monthly and quarterly basis the figures for the National Treatment Purchase Fund. I rang the National Treatment Purchase Fund - do not forget, as I have told the Minister, that I was a director there twice - and I spoke to an official there today who said they did not really have a formal role in all of this.”
“I am talking about the work and the task force of Mr. Mark Connaughton SC. That is what is in the Minister's brief, but again, I have only read that. Clearly, the Minister is someone I have high expectations for. I am glad she has signalled that it will not be happening, and I am greatly encouraged by her firm nod with regard to that - it is really interesting - but that was put on her desk by officials in her Department, so it raises questions about the relationship between the Department of Health and the HSE, and the then Minister. However, the Minister, Deputy Carroll MacNeill, is the new Minister, and I have high hopes for her, so we would like to hear more about it.”
“We need greater accountability regarding the €19 million figure the previous Minister told us about, as a result of questioning by Senators McDowell and Clonan. That money was swilling around somewhere, but no one quite knew where it was spent. I presume it was spent within the health budget envelope, but again we need reassurances on that. As the Minister who has taken on these problems, she needs reassurance. We also need to consider the capacity of Temple Street Hospital, Crumlin Hospital, Cappagh Hospital and Blackrock Health. That relates to the core of the Bill, which is covered in section 1. The issue is the task force. The Minister was given a brief when she came into office. I have had a look at it. Buried in it is the suggestion that the task force would possibly be wound down. There would be a new mechanism in place.”
“The report is concerned about what the media might think. We need to consider the risk of mitigation. If I was the Minister, I would not be satisfied with the report. I think it warrants an external review. This is an internal HSE report. The report clearly has a status in regard to each of the risks and mitigations, and I draw the attention of the Members to this very detailed report. It also raises issues in respect of MRI facilities and infrastructure in place but not put into use, as well as staff shortages. We are at a time of crisis. I do not want to spend too much time on this part of the debate going through drama, as Senator McDowell said. We have a problem. I do not doubt the commitment of the Minister. It is great that someone fresh is coming into the Department.”
“Senator McDowell referred to the auditor's report which was signed off on 18 October 2024 but not published until December of that year, an interesting timeframe considering the political background and landscape at that time. I do not know why there was a delay from October to December. The report is now in our hands. It has raised a number of issues. I might add that this is a HSE internal audit report. Having had a general read of the report today, I will certainly read it again. There needs to be follow-up regarding some of the issues raised in the report. I draw the attention of the Minister to the risk mitigation factors set out on page 57 of the report. The report refers to reputational risk to the CHI owing to the interest of the media and advocacy groups. That is a concern.”
“It is slightly removed from the Department, but fully under the remit of the Minister, which I accept and acknowledge. The fund has a proven track record and expertise in maintaining data. There is a confidence in the data the fund releases. Of course, it works in collaboration with the providers of services and the Department. Central to what we propose is a legislative role for the NTPF in respect of its recording of other procedures and waiting times in the health service. There is a role for the fund in tackling this problem. International outsourcing is an issue. We need more exact information on the ring fencing of beds. One of the problems is the lack of clarity on issues like the ring-fencing of beds, the availability of theatres and MRI capacity.”
“We had a robust engagement with the Minister's predecessor, during which there were more questions than answers. The figure of €19 million was one aspect of that debate. I am a former director of the National Treatment Purchase Fund, NTPF, having served two terms on its board. Therefore, I know the workings of the fund, albeit that things have always moved and it is an evolving situation. The problem is that we need acute waiting lists. We need exact validated data on a regular basis regarding the number of children waiting four months or more for scoliosis treatment. There is a role for the NTPF in the recording of and reporting on datasets on a range of waiting systems. I do not know whether the Minister has had time to meet representatives of the fund, but the fund has a function and role.”
“Our Bill seeks to “impose on the Health Service Executive certain special duties and powers in relation to the establishment of a specialised treatment service for the inpatient and outpatient treatment of children and adults [with] spinal scoliosis who are resident in the State and to confer certain duties and powers on the Minister for Health in relation to the service to be established and to provide for related matters”. It is a joint initiative by the Seanad Independent Group. I am conscious this is Committee Stage, and I want to stay focused on section 1, which is the section we are dealing with now. However, it is important to put a few pointers here. Senator McDowell is correct that this Bill should not have been necessary. A certain turn of events precipitated this.”
“I think this is the first time I have been in the House since the Minister for Health took up her position in health. I wish her well. I have known her for some time. She is my local TD, so I see the work she does at the coalface in our constituency. I genuinely wish her well. I think she is the right person. She has the tenacity, commitment, intelligence and political nous necessary for taking on this task. Before I concentrate on section 1, I might put the context for those who have joined us since the previous Seanad.”
“I ask for the report's publication. It is a long time coming. I want the publication of this report, I want it put into the public domain and I want a further debate when the report is fully published.”
“I expect that the role of the Department of agriculture in overseeing all regulatory aspects of the operation will also be covered. That is one of my concerns. It is all very well to investigate the Shannonside Foods plant but it is also important that we look at the regulatory obligations bestowed on the Department of agriculture and its veterinary inspectors, who were present at the site on many occasions. It is, therefore, important that we have all of the facts. I confirm that last week, I received correspondence from the Minister confirming that his Department continues to work in collaboration with An Garda Síochána in undertaking an extensive investigation into the serious matters at the Shannonside Foods plant that were highlighted by the "RTÉ Investigates" programme to ensure there is accountability for those responsible.”
“Last year, the Department of agriculture confirmed it had suspended the operations of the Shannonside Foods plant in County Kildare. There was much discussion in this House, as there was at the Joint Committee on Agriculture, Food and the Marine, of which I was a member. There was also a lot of discussion and debate about this issue in the Dáil. I acknowledge the amazing work of "RTÉ Investigates", which initially investigated the issue and highlighted it in the national media. The allegations concerned animal welfare abuses and cruelty in the treatment of horses that were being sent for the slaughter at Ireland's only licensed equine abattoir. I am concerned about the delay in the publication of the final report into all of the issues surrounding the Shannonside operation.”
“I again thank the Minister of State and her officials. As we start a new term in the Seanad and Dáil, a lesson in politics is that there is much to be gained from practical and respectful engagement with Ministers. That is the way to go. This debate demonstrates again that, working together pragmatically, we can achieve collectively what we set out to do.”
“Based on that understanding and the good engagement with the Minister of State and her Department, I am happy to withdraw the two amendments.”
“I note there may not have been as much engagement as there could or should have been but this is a very specialist area. When people talk about something that goes back as far as this they do not necessarily see its relevance. If I picked it up correctly, the Minister of State indicated that the herald’s office or the National Library of Ireland made the case that it relies on this order. Nowhere have we seen that case set out in writing. The Minister of State has taken that advice from her officials and I accept that she needs to do that. A body of work remains to be done. The Law Reform Commission has given the Minister of State a commitment that it will look at this, which is really important, and it will be dealt with in the next Statute Law Revision Bill in the autumn.”
“I note the suggestion that the order will be considered in the next iteration of the Statute Law Revision Bill. I understand the preparation for that Bill will happen in the autumn, so the wheels will start moving. I understand, although I am open to correction, that this matter will be looked at again as part of that and that if a change is necessary, it will come back to us at some point. We do not want to delay the legislation. The Minister of State made a valid point in that regard and I am happy to support the Bill. She mentioned legal certainty. That is what we all seek. We do not have full legal certainty, or there is some doubt over it. That, again, is a strong argument for this matter to be looked into. The Minister of State referred to one of the two public consultations.”
“As the Minister of State said, we have had meaningful discussions about this. I do not want to delay the Bill - it would not be appropriate as a lot of work has been done - but the natural follow-on is for it to go to Dáil Éireann. This Bill was initiated in Seanad Éireann which is more unusual. Given there is a body of work to be done, may I respectfully suggest to the Minister of State that she should not be in too much of a rush to bring the Bill to Dáil Éireann given the number of outstanding issues and the confirmation that the Law Reform Commission will re-examine aspects of it? That will take some time. I want to acknowledge that. It is a very practical and helpful gesture on the part of the Minister of State and her Department.”
“I ask the Minister of State to consider deferring this matter or seeking further clarification on the points raised. Clearly, there are strongly held views outside this House. People have tuned in today. It is important that we have a response on the record. Having considered all the matters since we last spoke, I would be interested to hear the Minister of State's response. I again thank her and her officials for engaging on this matter.”
“I am a conduit bringing this message and the Minister of State may have different views. I know the Minister of State has given the matter further reflection. Having read all this information into the record, I can say the situation is extremely complex and needs further investigation. There are genealogical organisations within the State. There is the Office of the Chief Herald of Ireland. There is, of course, the Law Reform Commission, which does extensive work in this area. There is possibly a role for the Attorney General to look at this yet again, given the issue has been on the desk of previous Attorneys General. We need to get this right. We in the Republic can talk about titles such as the "Ulster King of Arms". There are always going to be a sensitive issues around words, language and symbolism, and we have to get it right.”
“The retention of the 1685 Proclamation, an authority based on a royal prerogative, in the Irish Statute Book is contrary to the expressed purpose of the statute law revision process whereby legislative and regulatory authority would be sourced in post-independence legislation. The intent and purpose of the 1685 Proclamation and its retention in the Irish Statute Book is not compatible with the equality provisions of Bunreacht na hÉireann or the Equal Status Acts. Any additional regulatory powers or functions that may, from time to time, be required by the board of the National Library of Ireland for the delivery of heraldic services in accordance with sections 12 and 13 of the National Cultural Institutions Act 1997 can be requested under section 7 of the Act. The Minister of State would be familiar with that. I have set out the case.”
“The argument that the Genealogical Office is the lawful successor of the corporation sole known as the Ulster King of Arms is without foundation as the necessary documentation explicitly providing for such does not exist to date. The argument that the 1685 Proclamation and the administrative orders that facilitated the transfer of the contents of the office vacated by the Ulster King of Arms to the State, the National Library of Ireland, in 1943 are foundational documents for the Genealogical Office is without any basis in law and has never been supported by any of the legal opinions expressed by Attorneys General. The legal authority for the State's heraldic services is found in sections 12 and 13 of the National Cultural Institutions Act 1997. I referred to this in some detail in my most recent contribution.”
“This effectively removed the authority and application of the 1685 Proclamation within the State. The retention of the 1685 Proclamation in the Statute Law Revision Act 2015 was argued by some to be an error as the authority for this proclamation was based on the royal prerogative, which the Supreme Court in Byrne v. Ireland, 1972 IR 241, established that the State did not inherit and, therefore, it was non-existent in the State in 2015. The argument that the Genealogical Office is the lawful successor in the State to the corporation sole known as the Ulster King of Arms is contrary to the legal opinions expressed by a number of Attorneys General, upon which Ministers have advised both Houses of the Oireachtas over the past three decades.”
“The application for this 1685 Proclamation within the State could not have survived the enactment of the Executive Authority (External Relations) Act 1936 without the express consent upon request by the Government of the Irish Free State up to 1937, Bunreacht na hÉireann, and Ireland between 1937 and 1949, Republic of Ireland Act 1948. The Ulster King of Arms operated as a crown officer of the State between 1922 and 1936 for, and on behalf of, the King of Ireland. Following the enactment of the 1936 Act, this operation within the State was legally anomalous, acting after 1936 as a crown officer for or on the behalf of the King of the United Kingdom, because the Irish Government made no request to the monarchy for such services to be provided by an officer of the royal household within the State.”
“The 1685 Proclamation is based on the royal prerogative that has not been inherited by the State. In the Supreme Court, the Byrne v. Ireland, 1972 Irish Reports, IR, 241, case established that the State did not inherit the royal prerogative. The 1685 Proclamation provided a regulatory authority for an individual who received a personal royal warrant of appointment from the King to act as an officer of the royal household, and that individual operated as a corporation sole, using the appellation of "Ulster King of Arms".”
“I was proposing to reduce that to four instruments, as opposed to five, as I set out clearly in the Seanad last week. I would take away the requirement for the deletion of the 1685 Proclamation. That is complex and I will touch on it briefly. I acknowledge the work done by Mr. Michael Merrigan of the Genealogical Society of Ireland. He has been instrumental in raising this issue and I am very much a conduit. I see my role in the Seanad as bringing external issues of concern into this House and give them some sort of airing. That is my function today. The proclamation deals with authorising the Ulster King of Arms to prevent the improper use of arms, style of esquire or gentleman, etc. The powers of this 1685 Proclamation cannot be assigned to the Genealogical Office for the following reasons.”