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

I am pleased to introduce the National Archives (Amendment) Bill to the Seanad. In February, the Bill completed its passage through Dáil Éireann following positive and constructive engagement with Deputies.

The National Archives Act 1986 established the national archives to preserve the archival records of central government and also transferred it to the papers of the Public Record Office and the State Paper Office, both of which were abolished. In 1992, the headquarters of the National Archives moved from the Four Courts to the former Jacob's biscuit factory in Bishop Street, Dublin 8, which was one of the 1916 battlegrounds.

The National Archives occupy a key position in the cultural and intellectual life of the nation and hold the records of the modern Irish State, which document its historical evolution and the creation of its national identity. In keeping with its mission statement, the National Archives secures the preservation of records relating to Ireland which warrant preservation as archives and ensure that appropriate arrangements are made for public access to archives.These archives are key to informing Government policy and assisting research into the political, economic and social forces that have shaped our nation.

Over the past decade, the National Archives has been in the vanguard in embracing digitisation. Senators will be aware of the transformative effect of digitisation and the provision of free online access to the 1901 and 1911 censuses. This has driven an unprecedented increase in the interest in genealogy, as evident from the many workshops and evening classes cropping up in every corner of the country. The 1901 and 1911 census project is, however, only one of the many digitisation projects that have been undertaken by the National Archives. As a consequence, the National Archives website has become a cornucopia for historians and genealogists.

Under the National Archives Act 1986, records of Departments and agencies are transferred to the archives when they are 30 years old. This is known as the 30-year rule. The purpose of this Bill is to reduce from 30 years to 20 years the time limit for the deposit of certain departmental records with the National Archives. In 2010, after an extensive public consultation process, the UK Government changed its law to provide for public access to Government records after 20 years, rather than 30. The reduction, which began in 2013, is being phased in over a ten-year period by the UK National Archives and the Public Record Office of Northern Ireland. This allows for the release of two years' worth of records every year over a ten-year transition period. It will be completed in 2023, when UK records for 2003 will be available to the public.

In Ireland, the statutory period for the transfer of departmental records remains 30 years. As a result, in January this year the National Archives released records for 1987. At the same time, the UK agencies released records for the period up to and including 1992, five years ahead of us. Traditionally, the Irish and UK media devote extensive coverage to the release of official Government records during the quiet news period between Christmas and the new year. Increasingly, Irish historians and political commentators are looking towards British records as source material for Anglo-Irish history and events in Northern Ireland, so the Irish Government recognises the importance of synchronising the release of certain records between Ireland, Northern Ireland and the rest of the United Kingdom, particularly those records relating to Northern Ireland and Anglo-Irish issues in general.

The proposed legislation would allow for the early release of records if the relevant Minister and the Minister for Culture, Heritage and the Gaeltacht, who has responsibility for the National Archives, agree that the early release of the records in question is warranted by virtue of their historical or public interest value, or to facilitate fair reporting of matters of common interest to the State and other jurisdictions.

I am conscious that the proposals will have resource implications for Departments, and any changes will have to be managed within already constrained budgetary allocations. For this reason, the change will be implemented on a phased basis, starting with those offices and Departments that hold a significant number of Anglo-Irish and North-South records. These are the Department of the Taoiseach, the Department of Foreign Affairs and Trade, the Department of Justice and Equality, and the Office of the Attorney General. The intention is to move to a full 20-year rule for all Departments over time as resources permit. A phased implementation approach will assist in terms of the inevitable resource implications for Departments, while providing flexibility for the early release of records, where appropriate. As part of the process of implementing the 20-year rule, the National Archives director will be writing to all Departments to ascertain the number of files over 30 years currently being stored by Departments, offices and the courts, and the cost of doing so. If the need for off-site storage were reduced, savings could be made across the entire system.

The lack of a records management policy is also an issue when it comes to the accumulation of records in Departments. I am very pleased my predecessor was in a position to provide additional resources to the National Archives in 2016 and 2017 to assist in the work the archives is doing on a public sector records management policy in conjunction with the Office of the Government Chief Information Officer in the Department of Public Expenditure and Reform.This policy aims to provide universal guidelines for the public sector regarding the management of records and, in particular, digital material. Crucially, it will also scope out the requirements of the National Archives in starting to accept digital records from Departments and to commence the task of making these records available to the public.

As stated, records of Departments and agencies are transferred to the National Archives when they are 30 years old. This annual statutory intake means the volume of archives is continually growing with an attendant demand for storage space. I am only too aware of the limited physical capacity which the National Archives has to store archives, and its buildings have been full since 2013. There are, however, exciting developments ahead for the National Archives in this regard. The development plan will see the provision of a secure, environmentally-controlled archival repository in full compliance with internationally accepted archival storage standards. The existing storage space will be converted from a large, single-storey warehouse to a two-storey archival repository that will increase the National Archives' storage capacity by two thirds. The new storage capacity will enable the progression of the 20-year rule and will support the transformation of ancillary spaces for exhibitions, education and engagement facilities for the visiting public. The Office of Public Works is working with the National Archives and my Department to deliver the repository and I expect the project to be tendered later this year. As the centenary of the destruction of the public record office approaches in 2022, the new National Archives repository will be available to house our State archives and this will be an appropriate response to the loss of so much of our cultural heritage in the destructive fire in 1922.

I will now turn to the main provisions of the Bill. Sections 1 and 2 deal with general provisions such as definitions of words and terms in the Bill. Section 3 amends the National Archives Bill 1986 by inserting a definition for relevant records, that is, those records for which the National Archives (Amendment) Bill 2017 applies in order to provide for early release of a particular class or particular classes of departmental records. Section 4 provides the Minister for Culture, Heritage and the Gaeltacht with the power, by order, to have records transferred to the National Archives from a Department after 20 years rather than the current 30-year transfer limit. An order will only be made under this section once the Minister has the approval of the Taoiseach, the Minister for Finance and Public Expenditure and Reform and the relevant Minister responsible for the record set to which the order will apply, and after consultation with the director of the National Archives.

Section 4 also provides the policy and principles under which the Minister would make an order to transfer records over 20 years but less than 30 years old. They are: where the records concerned are of significant historical or public interest such as to warrant their transfer to the National Archives; where the transfer of the records concerned to the National Archives would facilitate the balanced and fair reporting of matters of common interest to the State and other jurisdictions; and where the arrangements for such transfer are adequate. This final provision is particularly important. It mirrors a provision in section 8 of the principal Act and relates to the protection of the records of the State which are in our care. In many cases, there will be no copies of records and it is, therefore, imperative that records are protected at all times, both in storage and in transit. Storing records in inadequate conditions would put our collective history and heritage at risk.

Section 4 also provides that the Minister may make an order where he or she is satisfied that the arrangements for the transfer of all departmental records more than 20 years old to the National Archives are adequate. This will remove the need for further legislation in the event that the Government decides to move to a 20-year rule for all Government Departments at some point in the future. Section 4 also provides that if a Department had already transferred records between 20 and 30 years of age to the National Archives, they will not be required to do so again. Sections 4 and 5 also provide for the amendment of section 8 of the National Archives Act 1986 to insert the term "relevant records" where necessary. Section 5 provides for the deletion of section 10(6) of the National Archives Act 1986 as this section is no longer necessary.Section 6 provides for the amendment of section 11 of the National Archives Act 1986 to insert the term "relevant records" where necessary. Section 7 provides for the Short Title and commencement of the Bill.

In conclusion, given our shared history with the UK and Northern Ireland, I believe it is really important that the synchronised release of official records should to the greatest extent possible be restored, where appropriate. I am satisfied that this Bill provides the flexibility to do so when a record set is of sufficient historical or public interest value. I am pleased to bring this Bill before the Seanad and I look forward to hearing the contributions of Senators throughout Second Stage. I commend the Bill to the House.