Vol. 530 No. 1
5 Mr. Quinn asked the Taoiseach the number of his Department's files relating to 1970 withheld from the transfer of files to the National Archives, under section 8(4) of the National Archives Act, 1986; if he will list the subject matter of any such files; and if he will make a statement on the matter. [1599/01]
I have no role in decisions by certifying officers under the provisions of the National Archives Act, 1986. The responsibility for certifying files for retention is vested by section 8(4) of the Act in officers of the Department authorised for that purpose in accordance with the provisions of the Act.
I am informed that 555 records from this Department were released for public inspection at the end of 2000 and 12 files were retained. The figure does not include a small number of instances where, under section 8(4) of the Act, original documents were removed and replaced with photocopies from which names and personal information have been extracted or where documents were removed completely. I am advised that in all cases of removal or substitution of documents, an indication to that effect is added to the relevant files.
In accordance with the National Archives Act, 1986, and Regulations, 1988, schedules of files for retention are sent to the director of the National Archives each year. Neither the Act nor the regulations envisage the publication of those schedules.
I commend the author of that reply. He or she should apply for a role as a sub-editor with the "yes, minister team for bureaucratic opaqueness". If there is a Nobel prize for that class of literature, Sir, we have found a new winner. I return to the content of the reply, in so far as I can deconstruct it from its opacity. Under section 8 of the National Archives Act, 1998, there are three reasons files can be retained. A total of 12 files have been retained, presumably within the operation of the Act on the basis that their release would be either contrary to the public interest, it would or might constitute a breach of statutory duty or a breach of good faith on the ground that they contain information supplied in confidence or they 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 the action for damages or defamation.
Does the Taoiseach's reply, given it was so eloquently written, contain by way of supplementary information, the reasons the 12 files were retained under each of those categories?
No, it does not tell me why.
I am surprised.
It gives me brief information on some of the files which under the rules I cannot divulge because that is the point of the Act. It would be easier if I could outline the 12 files that were withheld. I have a difficulty in that the certifying officers certify the files that cannot be released. I cannot say what they are but they tell the National Archives which ones are involved and every fifth year they come up for review.
I intend to table a parliamentary question so that the chief parliamentary counsel can have time to polish the prose. I believe, according to the legal advice available to me, that while I am not entitled – nor I suspect is the Taoiseach – in public to disclose the contents of the 12 retained files, the Taoiseach is enabled legally to indicate whether they were retained under one of the three categories I outlined. I will seek that information.
