Notification of Investigation and the Response of the General Register Office

Notification of Investigation

On 29 October 2009 the Ombudsman notified the Registrar General of the GRO of her decision to investigate the practice within the GRO of refusing direct access to entries contained in the registers of births, deaths and marriages (see Appendix 2).  The GRO was invited to make a written response to the notification of the investigation and provide copies of any material relevant to the investigation.  The GRO was also invited to provide a copy of the legal advice it had received or, alternatively, an outline of that advice. 

Response of the General Register Office

On 23 November 2009 the Registrar General of the GRO replied that:

“... access to registration data is governed by sections 61 and 66 of the Civil Registration Act 2004.  Section 61(1)(a) provides that a person may search an index to a register provided certain conditions are met.  This Office is of the view that, were it intended by the Oireachtas that members of the public have access to registers, the Oireachtas would have granted such a power.  This view is reinforced by the fact that Section 66 provides that I may give information contained in the registers to specified bodies for specific purposes, that such information may only be given following consultation with the Minister for Social & Family Affairs and that the information be prescribed.  ...

It is clearly not intended by the Oireachtas that general access to registers is permitted.  Otherwise, the Oireachtas would not have gone to the effort of circumscribing the information that may be given to others under section 66, or of circumscribing the way in which members of the public access information under Section 61.

 Legal advice provided to this Office is privileged.  However, by way of summary, I can say that the legal advice is to the effect that I am obliged to comply with the procedures set out in Section 61 of the Civil Registration Act.”