Vol. 513 No. 4
4 Mr. Quinn asked the Taoiseach the files of his Department, if any, more than 30 years old and in respect of which a certificate has been issued under section 8(4) of the National Archives Act, 1986, withholding them from transfer to the National Archives; and if he will make a statement on the matter. [1340/00]
5 Mr. J. Bruton asked the Taoiseach the number of files relating to 1969 in the custody of his Department which were passed to the National Archives in 1999 prior to release for public inspection; and if he will make a statement on the matter. [1455/00]
6 Mr. J. Bruton asked the Taoiseach the number of occasions on which he has exercised the powers conferred on him by the National Archives Act, 1986, in regard to the withholding of records for public inspection; and if he will make a statement on the matter. [1456/00]
7 Mr. J. Bruton asked the Taoiseach if his Department has been contacted by, or initiated contact with, the National Archives Advisory Council following the recent publication by the National Archives of papers originating in his Department relating to 1969; and if he will make a statement on the matter. [1457/00]
I propose to take Questions Nos. 4 to 7, inclusive, together.
I would initially like to clarify my role in relation to the National Archives Act, 1986, and in particular in relation to the transfer and withholding of files due for transfer from my Department to the National Archives. Such powers as are specifically conferred upon me as Taoiseach by the Act are contained in section 8(11) and section 11.
Section 8(11) allows me to prescribe by order a particular named class or classes of records which are to be withheld under section 8(4). This provision is designed simply to save the laborious task of individually certifying all records of a particular class where each and every one is required to be withheld for identical reasons. The decision to actually withhold the files is made by the designated officer as defined in section 8 of the Act.
Section 11 allows me to direct that records which have been withheld under section 8(4) be released for public inspection. I have not exercised this power to date. Any other powers conferred on me under the Act were transferred to the Minister responsible for arts and culture by the Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.
The total number of files or part files of my Department which have been withheld under section 8(4) of the National Archives Act is 573. As these files are generally of a sensitive or personal nature, it would not be possible to list these without indicating the contents. The decisions to withhold those files are subject to review every five years under section 8(6) of the Act.
The number of files, including file parts, relating to 1969 which were passed to the National Archives in 1999 amounted to 112 files. An earlier transfer of 969 files covering a span of dates from 1965 to 1969 took place in February 1996. In total, therefore, almost 1,100 files covering the period 1965 to 1969 were transferred, the vast majority of which were made available for public inspection. Only 40 of these files or file parts were withheld under section 8(4) of the National Archives Act. The overwhelming reason for files being withheld were for reasons of privacy and confidentiality.
Under the Archives Act, the National Archives and the National Archives Advisory Council are two separate bodies. It is the National Archives that receives records from Departments and makes them available for public inspection. The statutory role of the National Archives Advisory Council is to advise the Minister for Arts, Heritage, Gaeltacht and the Islands on all matters affecting archives and their use by the public and includes any matters relating to the National Archives.
Therefore, while officials in my Department liaise on a regular basis with staff of the National Archives, including the director, who regularly attends meetings of the council, there has been no direct contact between my Department and the National Archives Advisory Council.
Did the Taoiseach, at any stage before a final decision was made, have direct personal discussions with the designated officer? The 573 files which were withheld under section 8(4) are divided as either falling generally within the category of a sensitive or personal nature. While clearly we would not wish to intrude into files of a personal nature, will the Taoiseach elaborate on what "sensitive" means? Does he believe the operation of the system, since he is one of the few Taoisigh who have had an opportunity to exercise it, requires amendment?
The answer to the first question is no. I have not had discussions or involvement with or influence on the designated officer. The view taken in the Department is that because of the normal interest – I discussed this with people in the Department who deal with the queries which are usually of a historic and research nature – as much as possible should be given rather than trying to find reasons to hold onto files. That is a proactive view in terms of making records available. On that basis, most of the files held are personal.
What would be sensitive?
Sensitive would normally be security files, particularly during this period.
Who is the designated officer?
In my Department, it is a civil servant.
I know, but who?
It is not normal to name civil servants?
Is it the Secretary General?
No, it is a designated official. I think it is probably someone at principal officer level.
Is this information not available in Eolaire Stáit?
It may be but normally one does not identify an officer who undertakes a job.
The Taoiseach is being consistent – he gives out less information here than under the Freedom of Information Act. It is probably available under the Freedom of Information Act.
It is a Mr. Morgan. I hope that does not get him into trouble.
With the strategic management initiative, we now have accountability at all levels of the public service.
