Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank the Deputy for his contribution and good wishes.

In terms of the specific amendment about the Information Commissioner, our view is that he has a specific role in terms of freedom of information but that is quite distinct from his role for the National Archives. He has also said that he would be reluctant to take on what appears to be a decision-making role as it may not fit in with his statutory role as an Information Commissioner. It is for these reasons that I cannot accept the amendments.

I would like to address some of the comments made about political influence. It is clear that we want a balanced approach and there are some checks and balances in place. For example, there is no obligation for the documents to be released early. This legislation simply gives the legal mechanism for that to be done. The checks and balances are done through the Taoiseach, the Department of Public Expenditure and Reform, myself and the Minister in place in a particular Department. Three conditions mush also be met, namely, the documents have to be of historical relevance, they must be in the public interest and there must be fair and balanced reports.

It is important to note that this is a presumptive release within this Act. These records will be released in 30 years; it is not that they are never going to released. I agree with the Deputy that it is a matter for the implementation plan. The interdepartmental group is considering the plan at the moment. I understand the group will report early next year but it could be at the end of this year. The group is considering whether the checks and balances to which the Deputy referred are in place. We could consider regulations under section 19(1) of the Act but we will have to wait and see.

I agree with the Deputy that there is a gap. We want to make sure, particularly when talking about sensitive Anglo-Irish issues, that there is a balanced historical approach in this context and that our records catch up with the UK. As the Deputy will know, the UK started in 2013 with its Act. Therefore, it has had a head start and we have some catching up to do.

For the reasons that I have outlined I cannot accept the amendments.