Dáil Éireann Debate, Tuesday - 21 March 2023
559. Deputy Patrick Costello asked the Tánaiste and Minister for Foreign Affairs if he will release all his Departmental files to the National Archives regarding the High Court, Supreme Court and European Court of Human Rights cases in relation to proposals for gay law reform which resulted in a landmark judgement and decriminalisation thirty years ago; and if he will make a statement on the matter. [13751/23]
View answerDepartmental records which are more than 30 years old are transferred to the National Archives to be made available for inspection by the public, in accordance with the relevant provisions of the National Archives Act 1986. Under the terms of the Act, records may be withheld from public inspection only on a limited number of grounds, namely where their release: would be contrary to the public interest; 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 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 damages for defamation. Any records that are withheld must be reviewed every five years. If the original reason for withholding the record is no longer valid the record must be transferred to the National Archives to be released to the public.
To date, my Department has released a significant number of records pertaining to the matters referred to by the Deputy, in accordance with its obligations under the 1986 Act, and will continue to release any additional records that become eligible for release in accordance with the 30 year rule and the provisions of the Act.
