Vol. 406 No. 3
6 Mr. J. Bruton asked the Taoiseach the number of occasions to date on which the powers in section 8 (4) of the National Archives Act, 1986 have been used to certify records which are over 30 years old, as ones which should not be available to the public for inspection.
To date, 292 retention certificates have been made under the terms of section 8 (4) of the National Archives Act in respect of 3,991 files. The files thereby retained represent less than 1 per cent of the archival material transferred to the National Archives from Departments over the past year under the terms of the National Archives Act, 1986.
The files in question contain very little of archival value since the majority of them contain confidential, personal information on past and present public servants which, as provided for in the Act, should not be made available for public inspection in the National Archives. The balance would constitute files withheld as also provided for in the Act, on grounds of public interest, on grounds of breaching a statutory duty or good faith where information was supplied in confidence, or where the disclosure of information would or might cause distress or danger to living persons.
Will a stage ever be reached when this information will be lodged in the archives, say after 60 years, or will it be destroyed?
The statute does not provide for it ever being disclosed.
Will the Taoiseach not agree that it would be sensible that this material be lodged in the National Archives at least after all relevant people have passed away rather than simply be retained indefinitely in secrecy?
There are a number of considerations. The objective of the whole exercise is to place all possible records of information at the disposal of the public and particularly at the disposal of scholars, but there is some material which I think in the interests of decency and honour on the part of the State to its citizens should not be disclosed. At what point these records will become history as distinct from personal records it is difficult to say, but I think the main purpose of the legislation is being achieved and that everything worthwhile and necessary is being put on record for the public to see.
7 Mr. J. Bruton asked the Taoiseach if he has any plans to include further noncommercial State bodies as scheduled bodies under the National Archives Act, 1986.
The question of what changes or additions may be required to the Schedule to this Act is to be considered by the National Archives Advisory Council and I will await their advice on this.
When will the National Archives Advisory Council commence their examination of this matter? Will the Taoiseach indicate what arrangements, if any, are currently being made in respect of the archives of non-scheduled, noncommercial semi-State bodies which include, for example, health boards who might well have archival material of relevance? What arrangements are being made to preserve the archival material in the possession of these bodies pending the decision of the council?
No particular action is necessary on that score. The council are about to consider this matter and as soon as we get their advice we will take whatever action is necessary. A number of different types of bodies are involved. What they are concerned with mainly in the Schedule to the Act are public bodies staffed by civil servants as distinct from the normal concept of the State bodies.
I do not wish to be unduly persistent, but can the Taoiseach indicate what arrangements are being made to preserve the archives of the public bodies who are not covered by the Act at the moment?
I have put that in the negative — nothing will happen not to preserve them. There is no danger of them being taken away, burned or destroyed. They are there and in due course the council will decide which of them should be included within the provisions of the statute.
Will the Taoiseach not agree that, given the restraints of space on many bodies, the absence of any clear guidelines may result in material being destroyed, perhaps inadvertently or wrongly, and it is, therefore, a matter of some urgency that guidelines in regard to the archives of these bodies be promulgated?
I suggest to the Deputy that normal prudence and principles of administration will apply. I am sure if the National Archives Advisory Council had any great problem in regard to anything of that kind they would draw it to my attention.
