"The situation is out of step with the trend both nationally and internationally to facilitate access to these types of records" -Ombudsman
The Ombudsman, Emily O'Reilly, has today published a Report following her Investigation into the public's right to access registers of births, deaths and marriages held by the General Register Office (GRO). A register entry contains the name, date and place of a 'life event' and additional information, for example a death register entry contains the occupation of the deceased and the cause of death.
The Ombudsman's report, "Hidden History? - The Law, the Archives and the General Register Office", was prompted by a member of the public who, for research reasons, wished to examine the death registers from the late 1800s for a townland in Co. Westmeath. The complainant was refused access to the registers despite having been allowed access to the registers 12 months previously.
In her Investigation the Ombudsman found that:
- Under the Civil Registration Act 2004 the public is prevented from directly accessing birth, death and marriage register entries, and the GRO has no discretion under that Act to grant access.
- Prior to the Civil Registration Act 2004 the public had direct access to the registers of births, deaths and marriages. However, that Act established a restrictive mechanism for accessing the registers which created significant practical difficulties for those wishing to access such records.
- While access is restricted under the 2004 Act, the Ombudsman found that under the National Archives Act 1986 the public has a right to inspect those birth, death and marriage records held by the GRO which are more than 30 years old.
The Ombudsman has recommended that the GRO engage with the Department of Arts, Heritage and the Gaeltacht (the National Archives is part of that Department) and other bodies to explore options for facilitating the public's right to inspect these records.
While the GRO has accepted the Ombudsman’s recommendation, it is a qualified acceptance. This arises from the fact that the GRO does not accept the Ombudsman’s finding that GRO records, more than 30 years old, are covered by the right of inspection provided for in the National Archives Act 1986. The GRO’s rejection of the Ombudsman’s finding is stated to be based on legal advice provided by the Attorney General’s Office. The GRO failed to provide the Ombudsman with a copy of this advice or with a statement of the reasoning on which the advice is based.
Background
The complainant wished to examine the death registers for the purpose of establishing the occupations of local people from that time. He was informed that he would have to provide the name of each deceased and the approximate date and place of death, together with €6 for each uncertified copy of the death register.
He was particularly interested in identifying those registers which indicated that the individual was a craftsman. In order to achieve this he would have had to pay for, and examine, a copy of the register for every death that occurred in the area between 1864 and 1900. He pointed out that previously it had been possible to examine the actual registers for an hour by booking in advance and paying a small fee but that facility had been withdrawn.
It was clear that access to valuable public records was being restricted and legitimate historical and social research hindered. Also, the GRO's position appeared at odds with the practice of equivalent bodies internationally and with the actual practice by some public bodies in Ireland in facilitating and encouraging access to historical records.
In Scotland and England, for example, many historical life event registers are available online. In Ireland the 1901 and 1911 censuses have been published online by the National Archives. Events such as The Gathering in 2013, which Fáilte Ireland says will be Ireland's 'biggest tourism programme ever', will encourage the Irish Diaspora to visit Ireland to trace their roots.
The Ombudsman found that the GRO has no discretion under the Civil Registration Act 2004 to grant access other than through this restrictive mechanism.
However, following legal advice, the Ombudsman found that, under the National Archives Act 1986, there is a right to inspect those birth, death and marriage records held by the GRO which are more than 30 years old.
The full report, including an executive summary, is available at Hidden History? - The Law, the Archives and the General Register Office
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For further information contact:
Fintan Butler - Tel. 01 639 5650 or e mail:fintan_butler@ombudsman.gov.ie
Or
Danny Smith – Tel. 01 6395753 or e maildanny_smith@ombudsman.gov.ie