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Dáil Éireann debate -
Tuesday, 28 Nov 1995

Vol. 458 No. 8

Written Answers. - National Archives Files.

Bertie Ahern

Question:

59 Mr. B. Ahern asked the Minister for Arts, Culture and the Gaeltacht the earliest time for which closed files extend in the National Archives; whether there is a regular review of them; and his views on whether a definite date should be set for the opening of such files. [16038/95]

While I have statutory responsibility for the National Archives certain reserve powers under the National Archives Act, 1986 in relation to whether files should remain closed to public inspection remain with An Taoiseach.

The bulk of the files in the National Archives which are closed to inspection are less than 50 years old. However, a small but nevertheless significant proportion of the files for the 1920s and 1930s are closed. On occasion a file of papers recording confidential information of a personal nature dating mainly from the post-1922 period also contains some earlier papers, and it appears that the oldest paper on a file closed for this reason is one dating from 1901.

Under the National Archives Act, 1986 files of Government Departments over 30 years old must automatically be transferred to the National Archives to be made available for public inspection unless there is a certificate from an officer of a Department of State saying the file is in regular use.

Under the 1986 Act an officer of the Department of State, with the consent of an officer of the Department of the Taoiseach may also decide that a file may remain closed for a number of other reasons, where there would be a breach of statutory duty, where information has been given in confidence, where information of a personal nature might endanger or distress living individuals, where there is the possibility of a defamation action, or if giving of information would be contrary to public interest.

The Taoiseach is also empowered by a statutory order under the Act to prescribe a class of file that is not to be made available. He also has an overriding power, notwith standing the restrictions, that files over 30 years old be transferred to archives for release for public inspection.
Reviews of certificates prohibiting access are required by the relevant Department of State at least once every five years. There is no legislative bar to an earlier review by the particular Department concerned.
I am exploring the possibility of a system of review, as a matter of course, taking place at intervals of less than five years and how this might be achieved.
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