GENEALOGISTS have written to Michael McDowell, the justice minister, to complain that his proposed privacy bill could put them out of business.

They say if the bill is passed they could be denied access to public registers, such as the records of births, marriages and deaths, an essential resource for biographers, social historians and genealogists.

The bill, currently before the Seanad, stipulates that if a person complains that their privacy has been breached, it is not a defence to say the information you got about them came from a register that is open to the public.

In theory a famous person could object to researchers compiling his family tree using information from public registers.

What genealogists most fear is that the privacy bill, when enacted, will be used by cautious librarians to deny them access to records. Michael Merrigan, secretary of the Genealogical Society of Ireland, said yesterday that the bill could “create a climate of fear”, with genealogical and heraldic research impeded and publication of information frustrated through the threat of litigation.

“Officials or others charged with the custody of records could use this legislation to unnecessarily restrict or deny access to records currently open to the public on the grounds such access could facilitate an opportunity for the infringement of rights afforded by the privacy bill,” said the society in a statement. It represents 240 genealogists in Ireland.

“This is a serious attack on scholarship and research which, to many, seems downright absurd and excessively restrictive. The climate of fear created could be exploited by those with financial or political clout to prevent research and its publication,” the society added.

Genealogists are concerned that even a threat from a family member, such as a brother or grandchild, could prevent the publication of someone’s family history.

In order to prevent what it says could be “a devastating effect on the development of Irish genealogical and local history studies”, the society has asked McDowell to insert a clause in the privacy bill protecting them.

But the justice minister replied last week saying he did not believe the privacy bill “will affect in any way bona-fide genealogical research”.

The proposed privacy act has provoked widespread opposition, with media representatives warning it could put an end to investigative journalism.

Fine Gael has called for it to be scrapped, saying it will gag the media while doing little to protect members of the public. Jim O’Keeffe, the Fine Gael justice spokesman, has said the bill is “a dangerous piece of legislation”.

It is not expected to come before the Dail for debate until next year at the earliest, and it looks possible it may not make it on to the statute books before the general election, due next year.

In addition to the bills currently before the Oireachtas, the government has indicated it plans to publish a further 21 before Christmas, several of which will be prioritised.

McDowell’s officials have insisted the privacy legislation is a priority for the minister.

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