Enda Kenny (Mayo, Fine Gael)
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Question 1: To ask the Taoiseach 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. [46584/08]

Enda Kenny (Mayo, Fine Gael)
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Question 2: To ask the Taoiseach the number of files withheld by his Department from the national archives in respect of the year 1978; and if he will make a statement on the matter. [46588/08]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 3: To ask the Taoiseach the number of files withheld by his Department in respect of the files transferred to the national archives regarding the year 1978; 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. [1006/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 4: To ask the Taoiseach the number of files his Department has withheld from the national archives regarding the year 1978; and if he will make a statement on the matter. [7050/09]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 1 to 4, inclusive, together.

The evaluation of files for release to the national archives is carried out by designated officials in my Department. It is normal, as files are processed for release each year, that some are certified by the appropriate officials for retention on the grounds set forth in the Act. Under section 8(6) of the National Archives Act 1986, provision is made for the review of closed records at five-yearly intervals from the date the certificate to withhold the records is made. My Department complies with its statutory obligation in this regard.

A total of 721 files or file parts were transferred to the national archives to be released for public inspection on 1 January 2009. Some 12 files were withheld, of which one was withheld under section 8(4)(a) of the Act and 11 were withheld under section 8(4)(b) and (c).

As regards the 1978 Northern Ireland files, 85 files were released and no files were withheld. Some 61 files were released without any abstractions, while 24 files contained documents which were either abstracted or had partial abstractions made on them. In total, 177 entire documents were abstracted from 22 files and partial abstractions were made on 21 documents from seven files. Abstractions were made under section 8(4)(a), (b) and (c). The abstractions related to information given in confidence, including security information and certain personal information about individuals. The majority of the documents were withheld because they contained personal information.

There was a larger number of Northern Ireland documents, 112 in total, abstracted this year in comparison to last year due to the large number of correspondence on five files containing personal information relating to people arrested, detained or in prison. The documents were mainly letters from relatives of prisoners and statements by prisoners, medical reports, reports of confidential conversations between Irish officials and contacts in Northern Ireland and letters or notes containing personal information or confidential material.

Enda Kenny (Mayo, Fine Gael)
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I do not expect the Taoiseach follows the guidelines of the British Government in every matter but I note Jack Straw, the Lord Chancellor and Secretary of State for Justice, recently accepted the case for a substantial cut, from 30 years to 15 years, in the release time for archival government papers. Similar adjustments have been made in other countries such as South Africa, the Netherlands and France. In Ireland, the time limit remains at 30 years. Does the Taoiseach have any view as to whether it should be reduced?

A UK report into the time limit stated the UK's freedom of information legislation effectively scuppered the 30-year archive rule. As the Taoiseach will be aware, the Freedom of Information Act 2003 ensures Cabinet minutes must be released no later than ten years after their adoption which is less than the 30-year limit. Does the Taoiseach believe the 30-year limit should be reduced substantially? Does he accept the Freedom of Information Act, if applied broadly and appropriately, effectively scuppers the 30-year rule in any event?

Brian Cowen (Laois-Offaly, Fianna Fail)
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A case would have to be made as to why the limit should be reduced. The idea behind the National Archives Act is to assist historians by releasing State papers from 30 years ago every year and giving them valuable insights into Governments' analyses at the time. Those studying and examining those historical events find the State papers a valuable research resource.

Freedom of information legislation is of the 1990s vintage. Under the 30-year rule, State papers up until 1978 are released. This period was a particularly difficult time in our history. It requires the full safeguards and caution provided under the National Archives Act which is consistent with both providing material of historical significance while ensuring people, who may through inappropriate documentation being made available, be put at risk, endangered or compromised. As I outlined in the response, there is personal material contained in some State documents which would not be relevant under the National Archives Act.

Enda Kenny (Mayo, Fine Gael)
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I share the Taoiseach's views on the sensitivity of that period. However, I believe the limit should be reduced substantially from 30 years. If the Freedom of Information Act were applied, people would be entitled to get information in as broad a way as possible without infringing issues of national security.

The latest State papers that were released are interesting in many ways. For instance, the late and much lamented singer, Joe Dolan, was under surveillance when he went to Moscow in the 1970s. I am not sure whether this was usual procedure for people who travelled to the former USSR or other eastern bloc states. In the 1970s, there was an enormous controversy about the business of nuclear power stations and the one proposed to be built at Carnsore Point, County Wexford. An official in the Department of the Taoiseach, who I assume is no longer there, wrote in a memo that there was "little time to be lost before placing orders for a nuclear station". It was as if one could wave a wand and have a station placed wherever one liked. In view of comments made by various individuals and organisations recently, is the Government giving the matter of nuclear power any consideration?

Brian Cowen (Laois-Offaly, Fianna Fail)
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This is not a matter to which the Government is giving active consideration. However, 30 years ago, in light of the second oil crisis, the problem of our dependence on fossil fuels and the fact that the question of climate change had not yet arisen, it was a valid subject for examination. At present, energy independence is not only a fashionable but also an important topic of discussion and policy formulation throughout the world. The issue to which the Deputy refers was brought into sharp relief 30 years ago in the context of the impact on our balance of payments and the significant rise in oil revenues. In addition, gas had not been accessed in our territorial waters at that stage. Exploration, resource management and the ability to identify natural resources which could be commercialised were live political issues at the time.

One can examine papers that are 30 years old with the benefit of hindsight and experience. Many of the developments that have taken place would militate against the requirement for Ireland to consider such a proposal at present. The putting in place of a number of interconnectors to allow Ireland operate within a wider regional energy market probably represents the best means by which we can ensure we will be able to generate our own capacity and have access to other supplies of electricity that are competitively priced.

Eamon Gilmore (Dún Laoghaire, Labour)
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Were any of the files relating to the Dublin-Monaghan bombings withheld? On the wider issue of releasing files, given that any sensitive material — such as that relating to individuals, etc. — is withheld in any event and that information of a contemporary interest can be made available under the Freedom of Information Act, is there a good reason for retaining the 30-year rule? Many of the files which attract public attention and which are released under the 30-year rule relate to Northern Ireland. In light of the situation in the aftermath of the British-Irish Agreement, is there any reason all of the Cabinet files relating to Northern Ireland — albeit pruned down as happens under the 30-year rule — should not now be made available? Rather than releasing the 1979 files next year and the 1980 files the year after, all of the files relating to Northern Ireland could be made available in order that those studying the situation in the North would be able to examine them in their totality.

The position with regard to files relating to the management of the economy is similar. In light of current events, it probably would be instructive if information relating to the 1980s and 1990s were made available. Again, this could be pruned to remove material of a sensitive nature. We could also take this course of action in respect of files containing information on our relations with Europe. A period of 30 years is quite long and the information to which I refer belongs to a time which predates the Freedom of Information Act. Why is the 30-year rule being retained?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The questions tabled by Deputies relate specifically to the files, if any, that were withheld, the detail of what was provided and the reason behind any material not being provided under the National Archive Act 1986. If there is a wider policy issue regarding the efficacy of having these rules in place in the first instance, perhaps parliamentary questions to that effect might elicit a more considered reply. My immediate reaction is that one can consider certain aspects of the questions being asked. I would not announce a change in the present policy position without carefully considering the pros and cons.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Are decisions on files which it is proposed to withhold referred directly to the Taoiseach for decision, to secure an input from him or to inform him before a decision is taken? Where does the authority rest to withhold the release of files which would be due for release under the 30 year rule? Given the overlap between the Department of the Taoiseach and the Department of Foreign Affairs on matters pertaining to the Six Counties and relations with the British Government, are such issues jointly addressed by these Departments? Does the Taoiseach have a direct responsibility or role in determining what, if any, files or specific information are to be withheld?

Concern has been expressed at the merging of the National Archives and Irish Manuscripts Commission into the National Library. Will this merger result in shared boards and directorships and a unified management structure? Has an assessment been done on what savings, if any, would arise as a result of the merging of these entities into the National Library? Has the new National Archives Advisory Council been appointed?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Some of the points the Deputy raises are not related to the questions which are specific to the release of papers this year under the 30 year rule. Regarding the part of the Deputy's contribution on involvement by me or my office in decisions, which is relevant and on which I can reply, the evaluation of files for release to the National Archives is carried out by designated officials in my Department. I have no direct or indirect involvement in what is released or not released.

The National Archives Act 1986 provides that under certain circumstances files or parts of files can be withheld from release. This provision is set out under section 8(4)(a), (b) and (c), which provide for withholding of material in the following circumstances, namely, when it is in the public interest to do so, when information has been supplied in confidence and where releasing the material would or might cause distress or danger to living persons on the ground that it contains information about individuals.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With respect, the Taoiseach has not indicated whether he had any direct involvement. While I appreciate the point about delegation, will the Taoiseach be specific and indicate to the House that proposals to withhold specific files or sections of files have not been referred to him in his tenure as Taoiseach or in previous roles? Has he, at any time as Taoiseach or Minister, had specific requests made from within his Department not to proceed with the release of particular information?

On the merging of the National Archives and Irish Manuscripts Commission into the National Library, does the Taoiseach accept that there is concern that the under-resourcing of the National Archives, in particular——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is straying from the questions which relate to files.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will return to them if the Ceann Comhairle will allow me.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy has a tendency during Question Time to impart rather than seek information. Deputies must confine their contributions to seeking information relevant to the questions on the Order Paper.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am trying my best to secure information.

The concern relates to the under-resourcing of the National Archives heretofore. Deputy Gilmore asked the Taoiseach a question to which he did not respond. Files on the Dublin and Monaghan bombings are missing. Will the Taoiseach indicate that the proposed changes will not result in further under-resourcing and the potential for further loss of critical and historical information which could shed light on events in years gone by? In this context, will he answer the question of whether any material has been withheld that is pertinent to the Dublin and Monaghan bombings of 1974 in the current tranche of releases?

Brian Cowen (Laois-Offaly, Fianna Fail)
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There is nothing in the information supplied to me to indicate that anything relating to the Dublin and Monaghan bombings was withheld in this tranche of material. The Deputy would have to put down a specific question for me to be able to answer with accuracy on issues relating to that important matter. As I said earlier, to my recollection I did not have any involvement, good, bad or indifferent, in deciding what should be released.

Enda Kenny (Mayo, Fine Gael)
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I have raised questions previously about the facilities in which the national archives are housed. Is the Taoiseach happy with the condition of these facilities? We have asked questions over the years about the capacity and quality of the buildings. Due to the advancement of decentralisation, there is a certain amount of State-owned property available. Is there any——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The question is about the files, not the buildings.

Enda Kenny (Mayo, Fine Gael)
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I understand that, but we will not have any national archives if we do not have a proper place to store them.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can table a question to the line Minister about the buildings if he so wishes. The Taoiseach would not have information about that, but I understand the Minister for Arts, Sport and Tourism would.

Enda Kenny (Mayo, Fine Gael)
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I am not trying to be obstreperous here. I am sure the Taoiseach is as concerned about the quality of the facilities in which the State archives are held as anybody else. I am asking whether he has any report on that. Claims have been made over the years that a serious amount of funding was required to ensure the security of the national archives. He might have some information on that.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not have any information among the files available to me for the purpose of responding to these four questions.

Enda Kenny (Mayo, Fine Gael)
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I will table a question to the line Minister in accordance with the advice of the Ceann Comhairle.

Brian Cowen (Laois-Offaly, Fianna Fail)
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To be as helpful as I can, I do not recall receiving any representations from Department officials to the effect that there was a particular problem there at the moment.

Enda Kenny (Mayo, Fine Gael)
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I thank the Taoiseach.