Under section 8(9) of the National Archives Act 1986, Departmental records transferred to the National Archives may be temporarily requisitioned in writing from the Director by an authorised officer of the appropriate Department of State. This is a routine administrative arrangement in relation to archives which have been made available for public inspection.
Records temporarily requisitioned by a Department of State may be retained for a period of up to 6 months in accordance with the National Archives Act Regulations 1988. Records are regularly requisitioned on a temporary basis by Departments of State from the National Archives and it would not be feasible to make copies of all documents so requested, particularly in cases where the records are urgently required for consultation by the requisitioning body or where the quantity of records involved is large.
The Director of the National Archives has the statutory right to specify arrangements which are to be made relating to access by the public to such archives while so requisitioned.
In relation to the Department of Health, I am advised that
- The Director of the National Archives has written to that Department to alert it to the fact that records temporarily requisitioned by it remain available for public inspection under the National Archives Act 1986 and that access requests will need to be facilitated during the period of recall.
- The Department of Health has agreed that requests for access to such files will be handled by its Press Office in the case of requests from the media. Requests for access from others, including staff in the National Archives, will be facilitated by that Department’s Records Management Unit.
- If the Department of Health wishes to extend a requisition period after six months, a request must be made in writing to the Director to extend this period. In such a scenario, the National Archives could ask the Department of Health to copy the files as an alternative to their continued retention.
With regard to files relating to the treatment of mothers and children in State care in mother and baby homes, I am advised that 12 such files were recalled by the Department of Health in recent weeks, as is permitted under the Act. The National Archives has been assured that these original records will be examined and returned as expeditiously as possible. I am further advised that, while the records are in the temporary custody of the Department of Health, they continue to be open to public inspection and, where feasible, access is being facilitated by that Department in the manner referred to above.
In relation to files returned to the Department of Health in 1992, I am advised that these were withdrawn from public access by that Department because, following examination on delivery to the National Archives, it became apparent that the files contained personal information on identifiable individuals and public release could have potentially caused distress to living persons. I understand that the transfer of the files in question was an oversight that was rectified shortly after their arrival in the National Archives and that the catalogues in the Archives Reading Room were amended to reflect the return of the files.
