Vol. 404 No. 6
2 Proinsias De Rossa asked the Taoiseach the reasons a number of files relating to the Presidency were withdrawn from the National Archives on the instructions of his Department while they were being examined by a research student (details supplied); if it is intended to return the files to the National Archives; and if he will make a statement on the matter.
I would refer the Deputy to the statement issued by my Department on this matter on 10 January last, a copy of which I am arranging to send to him.
All the files which were temporarily recalled have since been returned to the National Archives.
It may be of interest to the House to note that in November last I sought information from the Taoiseach about the transfer of Presidential files and was told by you, Sir, that it was not a matter for his responsibility. Now we find that these matters are the responsibility of the Taoiseach. Can the Taoiseach say when the files were requisitioned by his Department and what section of the National Archives Act was invoked to requisition them because there appears to be some doubt as to whether his Department have the right to requisition Presidential files as distinct from Departmental files? Can the Taoiseach indicate for how long the files were requisitioned and whether the Director of the National Archives made any arrangement for their alternative viewing by the public while in the possession of his Department?
No. The power to sent for and retrieve them for inspection in the Department is a general power under the Archives Act. This is traditional. There is nothing new or exceptional about this. Figures given to me show that in 1990 as a whole my Department temporarily requisitioned files on 48 different topics. These files dealt with the President's Office, the relationship of the President to the Government and to the Taoiseach's Office, and to precedents going back over a long time. The simple explanation is that an official was newly assigned to this area because of the fact that we had an incoming President and a change of regime. An additional official was assigned to the area who was not at all familiar with the situation, and to brief himself fully on all aspects of the job he sent for these files to peruse them in the normal way. In 1990 alone files on 48 different types of topic were requisitioned by my Department and subsequently returned.
I put it to the Taoiseach that the section under which his Department would have the right to requisition files is section 8 (9) of the National Archives Act and that that refers specifically to archives which were formerly departmental records, and that it is not clear from the Taoiseach's reply that what was requisitioned here were in fact departmental records. Could the Taoiseach clarify that point? Will he agree that the reason there is concern or interest in these requisitions is the controversy that surrounded the question of Presidential files some months previously during the Presidential election?
We should be careful to avoid any reference whatsoever to the President.
There is nobody reading anything sinister into this normal routine administrative act by an official of the Department.
A Cheann Comhairle——
Deputy Bruton has been called.
Is the Taoiseach aware that the overwhelming majority of Government Departments have not even placed their files in the National Archives in accordance with the Archives Acts and that his Department is one of the few that has? Would the Taoiseach agree that this failure to comply with the Archives Act by most of the Government Departments over which he presides is something of a minor scandal? Would he agree that he should take action as the Minister responsible for the archives to ensure that the Minister's who have not complied will comply with the Archives Acts and make their files available as is intended?
We are having an extension of the question now.
I suppose it is relevant. I thank the Deputy for drawing attention to the fact that my Department have been exemplary in this regard. On the other hand, we would be expected to give a good example——
It is a fine building you have, too.
——and we do. Actually, the response has been reasonably good. I keep in touch with the situation from time to time and I can assure the Deputy that we will keep——
Most of them have not complied.
——up the pressure on all Departments to get their files in. It is a major undertaking. Massive amounts of files and documents have to be gone through, catalogued, perused and handed over. We are getting on with it and, as far as I understand it, the Director of the National Archives does not have any particular complaint with us at the moment.
The Taoiseach in his reply to my last supplementary did not respond to my question as to whether section 8 (9) of the Archives Act applied to the particular requisition. Is the Taoiseach satisfied that that enables the Taoiseach's Department to requisition Presidential files, as appears to be the case? I am simply seeking clarification with regard to Presidential files.
I want to make it clear that that is a misnomer. There are not Presidential files but Department of the Taoiseach files. They are files which, over the years since the President's Office was established, deal with all the precedents, events and advice sought and given. This power to withdraw files for perusal and send them back again has been exercised since the practice started in 1976. There is nothing unusual about it. The view of my Department and all the Departments is that they are entitled under that section and under the general provisions of the Archives Act to withdraw files temporarily and return them again.
