This is a report of an investigation carried out by the Ombudsman, Emily O'Reilly, into restrictions on access to historical records of births, deaths and marriages held by the General Register Office (GRO). The outcome will be of interest to historians, other researchers and individuals tracing their family roots.
Prior to the enactment of the Civil Registration Act 2004 researchers and other members of the public could browse registers of births, deaths and marriages from any particular time period or geographical area for a small fee. A register entry contains the name, date and place of a 'life event' and additional information, for example, the occupation of the deceased and cause of death on a death register, or the name of the father on a birth register. Following the commencement of the 2004 Act the public was no longer permitted to search registers of births, deaths and marriages. Under the 2004 Act they were required to apply in writing to the GRO, specifying the particular register entry to which they were seeking access, and they would then be given a copy of the register entry for a fee. This procedure severely restricted those wishing to carry out research into, for example, their family history or the history of a particular area. The Ombudsman was aware of the importance of providing access to these significant cultural and historical records and was of the view that the restriction on access was at odds with the move generally, both in Ireland and in other jurisdictions, to provide for wider access to these types of records.
Having carried out an investigation, the Ombudsman finds that the GRO is implementing the provisions of the Civil Registration Act 2004 correctly. However, during the course of her investigation the Ombudsman found that under separate legislation - the National Archives Act 1986 - there is a right of public inspection of those records of births, deaths and marriages which are over 30 years old. The Ombudsman recommends that the GRO engage with other bodies, such as those which have a responsibility for the national archives, 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. Whether or not the National Archives Act 1986 applies to GRO records is a matter of legal interpretation. The Ombudsman’s detailed and reasoned legal advice – which she is publishing – supports her finding. The GRO has stated that it has advice from the Office of the Attorney General that the National Archives Act does not apply. The GRO has declined to provide the Ombudsman with a copy of this advice or, indeed, to outline the reasoning of the advice. The Ombudsman cannot have any view on the merits of the GRO position in circumstances where she has not been given the reasoning underlying that position. It is surely in the public interest that all relevant legal advice, paid for by the public, should be available to inform the public on a matter of public interest.
The Complaint
The Ombudsman's investigation was prompted by a complaint from a member of a Heritage and Historical Society which was researching the history of a townland in County Westmeath. Mr Johnson (not his real name) wished to examine the death registers for the area from 1864 to 1900 for the purposes of establishing the occupations of local people from that time. The death registers were held in a regional office. However Mr Johnson 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. Mr Johnson was particularly interested in identifying those registers which indicated that the individual was a craftsman. In order to achieve this Mr Johnson 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. Mr Johnson 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. That facility had been withdrawn.
Response from the General Register Office
When the Ombudsman contacted the GRO it referred to section 61 of the Civil Registration Act 2004. The section provides the particular procedure for accessing the registers in the manner described above. The GRO was of the view that under the 2004 Act direct access to the registers by any person other than certain officials of the GRO was prohibited by that Act.
The Investigation
The Ombudsman considered that the actions of the GRO were likely to affect a considerable number of people. It was clear that access to valuable public records was being restricted and legitimate historical and social research was being hindered. Furthermore, 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 access to historical records. For example, in Scotland and England many historical life event registers are available online. In Ireland the 1901 and 1911 censuses have been published online by the National Archives. There is also a strong public interest in 'life event' records as demonstrated by the popularity of television programmes such as RTE's and the BBC's Who Do You Think You Are? and The Genealogy Roadshow. 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. Given the importance of the issue the Ombudsman decided to commence an investigation under the Ombudsman Act 1980.
During the course of her investigation the Ombudsman sought submissions from interested groups on the issues facing those wishing to access records of births, deaths and marriages, analysed the provisions of the Civil Registration Act 2004, and considered whether the GRO records may be available for inspection under any other legislation, for example the National Archives Act 1986.
Civil Registration Act 2004
Having examined the provisions of the Civil Registration Act 2004 and sought legal advice, the Ombudsman finds that there is no legal provision for direct access to register entries. In addition the GRO does not have discretion under the 2004 Act to grant access in any other manner.
National Archives Act 1986
Under the National Archives Act 1986 all "Departmental records" which are more than 30 years old must be transferred to the National Archives. However, the records of the GRO have not been transferred. This is due to a direction, issued under the Act in 1992 by the Taoiseach, which provided that the transfer not take place as the National Archives had insufficient storage space. However, taking legal advice into account, the Ombudsman finds that the indexes and registers of births, deaths and marriages held by the GRO and which are more than 30 years old should be available for public inspection under the National Archives Act 1986 notwithstanding that they have not been transferred. At present, this right of inspection under the National Archives Act is not being given effect by the General Register Office.
Recommendation
During her investigation the Ombudsman contacted the Department of Arts, Heritage and the Gaeltacht which has responsibility for the National Archives. The Department indicated a high level of interest in the Ombudsman's investigation and a desire to be involved in any initiative that may increase accessibility to the GRO records.
The Ombudsman recommends that the GRO engage with the Department of Arts, Heritage and the Gaeltacht, and other bodies as appropriate (such as those bodies that have a responsibility for the national archives), to explore options for facilitating the public's right to inspect these records.
As explained above, the GRO has accepted this recommendation but subject to the qualification that any improvement in accessing its records will be in the context of amendments to the Civil Registration Act 2004.
July 2012