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

Again, we discussed this on Committee Stage. If we were to accept the amendment it would put the records at risk. The transfer of departmental records more than 30 years old, the subject of the amendment, is dealt with in the main Act. Essentially, this proposed legislation mirrors the current requirements in the existing legislation where the Director of the National Archives will be responsible for ensuring that arrangements for the transfer of files are adequate, both in the Department responsible for transferring them but also in the capability of the National Archives to take them.

This amendment seeks to delete a provision included in the proposed legislation that assures the safety of the archives. This requirement that the arrangements for the transfer of records are adequate is a long-standing provision in the existing legislation. If this amendment is adopted, it could put records at risk as it would suggest that records could be transferred in a situation where the storage facilities are not adequate.

We consulted with the Director of the National Archives, John McDonagh, who said there are not sufficient resources currently to take all of the archives over 20 years old. That is particularly relevant as the National Archives are embarking on a major upgrading of its facilities on Bishop Street. There is an €8 million development plan and it will take a number of years to complete. The amendment the Deputy is proposing would remove the flexibility that the archives have currently to best manage the intake of records. In the circumstances, I consider that this amendment could put records at risk and, therefore, I cannot accept the amendment.

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