Dáil Éireann Debate, Thursday - 6 March 2014
6. Deputy Michael Creed asked the Minister for Arts, Heritage and the Gaeltacht in view of the recent change in legislation in the United Kingdom relating to the transfer of Government records to the National Archives and specifically a change to the twenty year rule; the plans he has to amend Irish legislation regarding same; and if he will make a statement on the matter. [7488/14]
Amharc ar fhreagraWe have a long and sometimes troubled shared history with our nearest neighbour, the United Kingdom, and it is important that we get our view across in respect of that shared history. As a consequence of the Constitutional Reform and Governance Act 2010 which commenced in January 2013, the British authorities are accelerating the release of public documents, with the 30 year rule being reduced to 20 years. If we do not move simultaneously, there is a danger that our perspective on shared events will not be in the public domain and, therefore, opinions will be formed on events in our recent history while we wait ten years to catch up. A legislative change is required to rectify this.
Recent legislative changes in the United Kingdom provided new arrangements for public access to the archival records of government after 20 years, not 30 years, as had previously been the case. In Ireland the National Archives Act, 1986 provides for the preservation of official Government records, their transfer to the National Archives and release to the public. When enacted, provision for public access was similar to the arrangement in the United Kingdom, that is, records became eligible for release when 30 years old, subject to certain exemptions.
The new 20 year access rule in the United Kingdom is to be implemented over a ten year period, which commenced in 2013. When the 1983 official records of the Irish Government were released in January 2014, the UK National Archives and the Public Record Office of Northern Ireland had released the 1983 and 1984 official records together. Both bodies will release further records in this manner over a ten year period until such time as all records that are 20 years old or more will be accessible to the public.
I recently established an interdepartmental group to consider the current status of the National Archives Act and the implications of moving to a 20 year access rule. The group comprises officials from my Department, the Department of the Taoiseach, the Department of Foreign Affairs and Trade, the Department of Justice and Equality, the National Archives, the Office of the Attorney General and the Office of the President. The group has met on a number of occasions and is expected to submit its recommendations in the coming weeks, following which I anticipate bringing a memorandum to the Government for consideration.
I thank the Minister for his outline of the position and the dangers that are imminent if we do not implement change. While I welcome the establishment of the working group, it seems a little unwieldy. This is a no brainer, requiring only a simple amendment to the National Archives Act, 1986. The longer we prevaricate and as Britain accelerates its programme of release of public documents under the new 20 year rule - there will initially be a transition period - the more historical interpretation of events will be skewed by the fact that its voice is heard but ours is not. We need to catch up. As I said, all that is required is a simple amendment. I will draft it if that would be helpful to the Minister. It is vital that we have a timescale for implementation of the necessary change. My preference is that it would be published and passed before the end of this Dáil term. It would not tax the Attorney General greatly to devise a minor amendment to the 1986 Act. I implore the Minister to act in view of the shared and troubled history between our two countries. As Britain begins releasing papers on the early formative years of the peace process, we need to ensure our perspective on these events is known.
I agree that we are talking about very important information and a very sensitive period in the context of the Northern Ireland conflict. The longer time lag in this country is rather unfair on historians and researchers. Moreover, as the Deputy says, it means that only one view of what was happening back then will be in the public domain. It may well be the case that the Governments of both countries often had the same point of view, but, equally, there may well have been differences in other instances. It is very important that these differences are made known.
I have asked the working group to produce its report in a timely fashion, which will include an examination of a possible amendment to the legislation. The group is taking its task very seriously and I hope to have its recommendations before too long. If it is the case that a simple amendment is all that is required, I am sure it will be possible to assign a draftsman to devise it.
Can I take it that the Minister agrees that there is a need to move in line with what is happening in the United Kingdom? If so, can I take his response as a promise that legislation will be forthcoming?
Of course. This is an issue we are already pursuing with the intention of changing the legislation. I give the Deputy an assurance that it will be pursued very seriously.
Some 70,000 boxes of records in the National Archives have not been catalogued. If the Minister proceeds to implement the change Deputy Michael Creed has proposed which would be very welcome, will he also ensure the resources are provided to make all of the records physically available?
I am aware that the Deputy has a personal interest in this matter and a deep knowledge of the archival challenge. We will take her point on board in so far as it is possible.
