Enda Kenny (Mayo, Fine Gael)
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Question 5: To ask the Taoiseach if he will identify the files which were released recently by his Department under the National Archives Act 1986; and if he will make a statement on the matter. [34101/04]

Enda Kenny (Mayo, Fine Gael)
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Question 6: To ask the Taoiseach the number of files withheld by his Department from the National Archives in respect of 1974; and if he will make a statement on the matter. [34106/04]

Pat Rabbitte (Dublin South West, Labour)
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Question 7: To ask the Taoiseach the number of files withheld by his Department in respect of the files transferred to the National Archives in respect of 1974; the number withheld under section 8(4)([i]a[/i]) of the National Archives Act 1986; the number withheld under section 8(4)([i]b[/i]); the number withheld under section 8(4)([i]c[/i]); and if he will make a statement on the matter. [34259/04]

Trevor Sargent (Dublin North, Green Party)
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Question 8: To ask the Taoiseach the number of files withheld by his Department from the National Archives in respect of 1974; and if he will make a statement on the matter. [34616/04]

Joe Higgins (Dublin West, Socialist Party)
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Question 9: To ask the Taoiseach the number of files withheld by his Department from the National Archives in respect of 1974; and if he will make a statement on the matter. [2797/05]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 10: To ask the Taoiseach the number of files withheld by his Department from the National Archives in respect of 1974; and if he will make a statement on the matter. [3643/05]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 5 to 10, inclusive, together.

The evaluating of files for release to the National Archives is carried out by designated officials in my Department. I have no role in that process. It is normal, as files are processed for release each year, that some are certified by the appropriate official for retention on the grounds set forth in the Act. I am informed that the number of files certified in this way in respect of the January 2005 release was nine. In all, a total of 675 files or file parts were transferred to the National Archives by my Department to be released for public inspection on 1 January 2005.

Of the nine files retained, five were retained under section 8(4)(a) of the Act and four were retained under section 8(4)(b) and (c) of the Act. It is the responsibility of the statutorily designated officials to determine the particular subsection in accordance with which files are certified for retention.

Enda Kenny (Mayo, Fine Gael)
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The Taoiseach will be aware that section (8)(4)(a), (b) and (c) of the 1986 Act allows an official in the Department of the Taoiseach to certify that files should not be sent to the National Archives if sending them would be contrary to the public interest, if it would or might constitute a breach of statutory duty or it might cause danger or distress to persons living on the grounds that they might contain information about individuals or would or might be likely to lead to an action for damages for defamation.

The Minister for Justice, Equality and Law Reform recently announced that he will allow researchers to examine files in his Department which had been previously unavailable. Does the Taoiseach propose to put in place a similar facility that would allow professional researchers to make an objective and measured assessment of the files that have been withheld by his Department?

He gave some details of the files that have been withheld under section 8(4). Will these files be held indefinitely, are they ever likely to be seen or is the position being constantly reviewed such that professional researchers might, with the passing of time, be able to have access to them on release? Will the Taoiseach expand on the nature of those files and identify the issues that are covered in them that caused them to be not available under the National Archives Act?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The last part of the Deputy's question is outside the subject of the question before us.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy is right in that my colleague, the Minister for Justice, Equality and Law Reform, is in the process of establishing a working group to advise his Department on that matter. The reason is that a large number of files have been withdrawn or held in that Department. Many of them relate to personal files and other matters. A similar position does not obtain in my Department.

In regard to files relating to Northern Ireland, a total of 92 files were released to the National Archives and no files were withheld. Some 63 files were released without abstractions, or partial abstractions were made on 105 documents and 27 entire documents were abstracted. I am informed that abstractions were made in the majority of documents under section 8(4)(b) and (c) and three documents under section 8(4)(c). The abstractions related to information given in confidence, including security information and information about individuals which might be likely to defamation claims.

While it is not a matter for me, these are the kinds of issues in respect of which information would never be released. Names would be removed for those reasons. The normal files held for historical reasons in my Department are, as I understand it, always released. The only information withheld are names mentioned or the name of a person who gave information to the Taoiseach of the day or the Department of the day.

Pat Rabbitte (Dublin South West, Labour)
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In the matter of the Omagh atrocity and the Omagh families looking for the transcripts of a recent court case, I raised recently with the Taoiseach that this Act could be invoked by the Minister for Justice, Equality and Law Reform to cause the transcripts concerned to be made available to the families, transcripts that, as matters stand, are not otherwise accessible. I thank the Taoiseach for replying to me. I know that he has been preoccupied with other matters and may not have had an opportunity to look at this, but I am bound to say that the reply I got from him did not really address the net point I raised. I sent back a more detailed explanation of what I suggest could be a useful route. This could assist the Omagh families to get their hands on the transcripts that are essential to the civil compensation case they are initiating. Has the Taoiseach had the opportunity to examine the suggestion that under the relevant section of this Act, the Minister for Justice, Equality and Law Reform is enabled to cause the transcripts concerned to be transferred to the National Archives where they can be accessed?

Bertie Ahern (Dublin Central, Fianna Fail)
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I received Deputy Rabbitte's letter on this matter and I contacted the Attorney General's office on Thursday or Friday. A reply should be on its way to the Deputy. I looked at the letter carefully and its core point is that the Minister for Justice, Equality and Law Reform can direct the registrar of the Special Criminal Court to release the transcripts of that court prepared for an appeal where the appeal is still pending. I was told, subject to confirmation in writing so this may change and I ask the Deputy to forgive me if it does, that notwithstanding the fact that the Special Criminal Court's function is now spent, the judicial process as a whole is not spent given that appeals are pending. The Attorney General's office advises me that the National Archives Act does not bestow a power on the Minister to authorise the transfer of transcripts of the Special Criminal Court prepared for appeal to the National Archives when the appeal is pending for administrative reasons. I have asked the office to ensure that is the position.

Trevor Sargent (Dublin North, Green Party)
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What progress has been made in finding the missing Garda Síochána and Department of Justice files from the 1974 Dublin and Monaghan bombings?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise out of these questions.

Trevor Sargent (Dublin North, Green Party)
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My question specifically refers to 1974 and that is why I am asking it.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That may be but the question refers to the number of files from the National Archives, not their content. It is not appropriate to raise the contents of files in these questions.

Trevor Sargent (Dublin North, Green Party)
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I will not refer to the content but the Taoiseach understands that if I am inquiring about the number of files, I obviously have an interest in this matter.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That may well be but we must stay within the rules of the House.

Trevor Sargent (Dublin North, Green Party)
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I will not mention the contents, I respect the Chair's ruling, but the Taoiseach can reply as he sees fit.

I asked almost a year ago about the problems in the National Archives office which are preventing the transfer of files. The Department of Health and Children has not sent anything for the 30 year deadline on confidentiality since 1993. Given that the Taoiseach takes his responsibility for the National Archives seriously, does he envisage historians such as John Bowman having thin pickings when it comes to the archives on the basis that a number of organisations subject to the National Archives Act cannot transfer their records? This matter is becoming serious. The Taoiseach stated in his previous reply that he is keeping the matter under review. What review has taken place since March 2004 and is any action planned?

Bertie Ahern (Dublin Central, Fianna Fail)
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There is regular dialogue between the historians and the authorised officials in my Department and they have worked out the basis for passing files. There is no problem but I will check it because this arose before.

I do not have the information on the 1974 files. I will check and contact the Deputy about this.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On the 1974 files, the Taoiseach said that no files relating to the North of Ireland were withheld. Is it the case that as the Dublin and Monaghan bombings took place in this State, files from 1974 may have been withheld on that or any of the matters under investigation by Mr. Justice Barron?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I have already ruled those questions out of order for Deputy Sargent.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am only asking about numbers, which is what we are talking about.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is not appropriate to discuss the content of the files under these questions.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have not done that, I am asking a specific question about the numbers in response to what the Taoiseach said himself, regarding files relevant to the North of Ireland, which invites the clarification I seek.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That question has been asked by Deputy Sargent and the Taoiseach has answered.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is it the case that there may have been between 1972 and 1974 files relevant to the interests of Mr. Justice Barron that may not have been open to public scrutiny? Is it the case that the subject matter of files withheld is never disclosed?

Bertie Ahern (Dublin Central, Fianna Fail)
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There were 92 files related to Northern Ireland released to the National Archives and no files were withheld. Some documents were abstracted but no file was withheld. In my Department, very few files are certified for retention — there were only nine in 2004, five in 2003, five in 2002, 13 in 2001, 12 in 2000 and none in 1999. The numbers are small.

I do not have the information here but I have answered the question before. Deputy Ó Caoláin is correct, on some of them the subject matter is not published because it often contains the name of an individual. If the subject matter is given the person is identifiable. Some of those files related to a Mr. X or Ms Y so for that reason the subject matter was not published. Where the subject matter is general, it is published. That is the call that the designated officers make.