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Dáil Éireann debate -
Thursday, 6 Feb 2003

Vol. 560 No. 5

Written Answers. - National Archives.

Brendan Howlin

Question:

55 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the number of files withheld by his Department in regard to the files transferred to the National Archive in respect of the year 1972; the numbers withheld under Section 8(4)(a) of the National Archives Act 1986; the number withheld under section 8(4)(b); the number withheld under section 8(4)(c); if his attention has been drawn to the conclusion of the National Archives Advisory Council that his Department was blocking the release of too many documents on security grounds; and if he will make a statement on the matter. [2906/03]

As regards the first part of the Deputy's question, my Department has not withheld any 1972 files under section 8(4) (a), (b) and (c) of the National Archives Act 1986, due to the fact the examination of the files in question has not been finalised.

While I take the view that it is in the public interest to ensure that as much material as possible enters the public domain it is possible that records in my Department's possession may fall into the categories covered in sections 8(4) (a); would be contrary to the public interest or (b); would or might constitute a breach of statutory duty, or breach of good faith on the ground that they contain information supplied in confidence, or (c); would or might cause distress or danger to living persons on the ground that they contain information about individuals, or would or might be likely to lead to an action for defamation.

The task of examining the Department's files is, by its nature, both difficult and time consuming and it is possible that some material may have to be partially withheld and a small amount of material may have to be withheld in its entirety. This will only be determined when the examination is completed and I expect that this examination will be completed in the coming weeks.

I should mention also that, partially to avoid delays in future years in this matter, I have directed that a review take place of the manner in which my Department deals with its responsibilities under the National Archives Act.

In so far as the final part of the Deputy's question is concerned, I am not aware that the National Archives Advisory Council concluded that my Department was blocking the release of too many documents on security grounds: this, I believe, was an unattributed comment made to a newspaper journalist.

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