EMBLEM CONTROVERSY:THE DEPARTMENT of Enterprise has expressed concern about the use of a gold harp in election literature circulated to homes in Dublin by Libertas candidate Caroline Simons.
Under election law, Ms Simons, like all other candidates, is entitled to send a litir um thoghchán to every home in the constituency at the State’s expense.
However, her literature shows a gold harp on a blue background, which is similar to the image that was registered with the Chief Herald as the official arms of the State in November 1945, and which is the sole property of the State ever since.
The emblem is protected internationally as a state emblem under the Paris Convention for the Protection of Industrial Property 1883, and is more commonly seen as the presidential standard.
Áras an Uachtaráin yesterday raised the use of the emblem with the Department of the Environment, Heritage and Local Government after the matter was brought to its attention by the Department of Enterprise, Trade and Employment.
Last night, a spokesman for Enterprise, Trade and Employment said: “We have had indications of concern on this issue from a number of quarters. Because the presidential shield is involved, we drew this to the attention of Áras an Uachtaráin, who we understand has raised the matter with the Department of the Environment in view of that department’s responsibility for electoral law.
“In so far as this department is concerned, our position is that Section 97(1) of the Trade Marks Act 1996, states: A person shall not, without the authority of the Minister, use in connection with any business the State emblems of Ireland notified under Article 6 of the Paris Convention or emblems so closely resembling the State emblems as to be calculated to deceive in such a manner as to be calculated to lead to the belief that that person is duly authorised to use the State emblems,” said the spokeswoman.
This provides that a person who, without authority, uses any of the State emblems of Ireland registered under the Paris Convention in connection with any business is guilty of an offence and liable on summary conviction to a €1,270 fine and, in the case of a continuing offence, to a further fine of €127 for every day the offence continues.
The Minister for Enterprise, Trade and Employment may apply to court for an injunction to restrain any person from contravening the section.
The Chief Herald of Ireland, Fergus Gillespie last night told The Irish Times that the arms “constitute the symbolic representation of the authority of the Government of Ireland”.
He added: “The registration of the arms of Ireland forms the legal basis of the State’s exclusive right to use and display them. Clearly, then, the use of the State arms by private citizens is not permitted.”
So far, it is not clear if Libertas will face prosecution. Last night, Libertas said it understood it could use the harp “as long as it was not being used to sell a product”.
The blue background has been used in all of Libertas’ election literature, but Ms Simons had wanted to use the harp as a symbol of Dublin. “Putting the two together was unfortunate, and for that we apologise,” the Libertas spokesman said.
