Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

Transparency and accountability are fundamental to the functioning of a democracy and the release of state papers is a valuable mechanism whereby we can scrutinise decisions made behind closed doors. They offer a valuable insight into the shaping of the State's predominant political narrative. The importance of transparency came to light a number of weeks ago when 14 years of footage of Oireachtas debates up to 2014 were removed from the Oireachtas website. I am thankful that footage has been restored to the web after public outcry. This demonstrates the importance of the public having access to these records.

I welcome the move to reduce the period after which these documents can be released from 30 years to 20. I have a few misgivings which I will outline, but this is a progressive act that will see the eventual alignment of the release of Irish State papers with those of Britain. The British Government began its move towards releasing records after 20 years in 2013, and it will release records in batches covering two years each year until 2022, when the gap will be narrowed from 30 years to 20. The Bill intends to operate broadly along the same lines but it will have to catch up on five years in order to attain parity in the release dates. Currently, the difference between the two countries is problematic, particularly in the area of Anglo-Irish relations. With the earlier release of British state papers, we will only get one side of the story and a distorted view of history. In the next five years, for example, documents pertaining to the Good Friday Agreement will be released in Britain, but they will not be released here for another ten years. Naturally, Sinn Féin is supportive of the need to speed up the release of documents from the Irish Government so as to add a full and more balanced outcome. However, the delay in releasing our documents will be a problem.

In future debates on the Bill I would like the Minister to elaborate on what is deemed to be a "relevant record". There seems to be much additional power given to the Minister in the Bill as to determine what is of significant historical and public interest. Could this ever be ascertained in an objective manner? I fear political motives could obscure the truth in this regard and items of major historical importance could be simply locked away in order to save the blushes, or worse, of a former political colleague, for example. There are other details within the Bill about which I have reservations, and these will be scrutinised in further detail on Committee Stage. I will summarise them.

The Taoiseach will have the power to amend or revoke an order designating records to be "relevant records". What are the criteria in making this decision? As the Bill does not refer to the existing scheduled bodies, will they now be beyond the scope of the legislation? What will happen to these records?

The transfer of records to the National Archives will be made by ministerial order following consultation with the director of the National Archives. This reduces the power of the director to appraise records and decide whether they should be retained or disposed of. We have concerns about this. The Bill includes a provision to transfer by ministerial order records which are less than 30 years old but more than 20 years old which will then have to be voted on by the Houses of the Oireachtas. This provision has the potential to politicise the designation and transfer of public records. There is no set date in the Bill for the transfer of records. When will this occur and on what basis will it occur? The Bill states the transfer of records will occur when arrangements for the transfer of all departmental records are in place for items that are more than 20 years old and when the National Archives are adequate. What is meant by "adequate" and who will make these decisions? The Bill states a decision to review the status of closed records or records that are not deemed to be relevant, subject to transfer, will be made. Will the Minister state precisely when that might occur? Will there be sanctions against Departments if they do not transfer records?

I am hugely concerned about capacity issues in the transfer of records. They could be a hindrance to the objectives of the Bill. Many Departments are struggling to meet the 30 year rule; therefore, without additional resources the execution of the Bill will be impossible. The Government has implemented devastating cuts to the Arts and Heritage Bill and there was no additional provision in the recent budget for the resourcing of the National Archives, although we are yet to see the Estimates. However, this is an indication that the National Archives are going to be denied the funding required to implement the measures outlined in the Bill.

Even though the Bill seeks to bring about greater transparency, the irony is that it is the concept of Government accountability at its worst. The Minister says the vaults of the National Archives will be opened up in the interests of the people of Ireland, but, in reality, what is actually going to be unleashed is more boxes to understaffed Departments and under-resourced areas. They cannot handle the paperwork they have to do now, yet the Minister wants to double it in the next few years. Unless the Minister and the Minister of State are willing to provide the necessary resources, this is a pointless exercise. It must not amount to the passing of laws which will lead to standards that cannot be maintained. If the Minister was serious about this, she would put money into the National Archives. I appreciate that €8 million is to be put towards the development of a building which will house the archives, but this is a capital investment in necessary infrastructure and is not related to providing the increased manpower necessary to honour the aims of the Bill.

The problems which arise are not just to do with storage. They are also to do with the preservation and documentation of our past. This is done by allowing people to access the documents of the past. The National Archives is open from 9.15 a.m. to 5 p.m. For most people working normal hours, the documents are literally inaccessible to them. Furthermore, few of them are digitised. If people cannot gain access to them, it creates massive problems for local historians and the type of person who undertakes the research that actually shines a light on our past. Access to our history allows us to lift the lid on the secretive, closed culture of the State. We support the passing of legislation that opens the archives, but we entreat the Government to provide the necessary funding to enable people to access them. The National Archives can only function if what is stored therein can be accessed easily. If the files cannot be obtained easily owing to a lack of resources, it is the worst type of gesture politics.

Is gá dúinn agus don Rialtas tacaíocht a thabhairt don Bhille seo agus cinntiú go mbeidh acmhainní cuí ag an gCartlann Náisiúnta. Is fiú gealltanas a thabhairt chun go mbeadh na hacmhainní sin aici. Ní fiú é a craobhscaoileadh nuair nach bhfuil an maoiniú ann chun é a chur i gcrích. Tá imní orm nach bhfuil an tAire dairíre faoin Bhille seo a chur i bhfeidhm mar is ceart. Is bunchlocha an daonlathais iad freagracht agus trédhearcacht ach táim buartha go bhfuil an Roinn agus an Rialtas ró-gafa le cúrsaí polaitíochta agus bolscaireachta, a mbíonn ina dtosaíochtaí dóibh, le beart a dhéanamh de réir briathar ar an ábhar seo.

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