Dáil Éireann Debate, Tuesday - 25 July 2023
7. Deputy Patrick Costello asked the Taoiseach if the criminalisation records of individuals convicted of historical homosexual offences belonging to the Attorney General were transferred to the National Archives. [35776/23]
View answer9. Deputy Patrick Costello asked the Taoiseach if the Attorney General has deposited all his files with 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. [36236/23]
View answerI propose to take Questions Nos. 7 and 9 together.
Almost the entirety of the Attorney General’s prosecuting function under Article 30.3 of the Constitution, was transferred to the Director of Public Prosecutions by the Prosecution of Offences Act 1974. Legal records of the Attorney General’s Office are stored in compliance with the Office’s obligations under the National Archives Act 1986, as amended. Setting aside records held by the Chief State Solicitor’s Office, records in excess of 30 years old are transferred to the National Archives in accordance with the 1986 Act, where they are available for inspection by the public. The transfer of records to the National Archives is subject to exceptions as outlined in the 1986 Act. For example, in accordance with section 8(4) of the Act, records may be certified as not being appropriate for inspection by the public where such inspection would be contrary to the public interest, or might cause distress or danger to living persons. Records which are so certified are retained by the Office of the Attorney General and reviewed periodically, in accordance with the 1986 Act.
