Paul Gavan (Sinn Fein) | Oireachtas source

I welcome the Minister to the House. I am speaking on behalf of my colleague, Senator Warfield, who is also at the Seanad reform committee.

I commend the general objectives of the Bill, which are most welcome. Sinn Féin will be supporting the Bill on Second Stage. However, we feel a number of issues must be addressed at later Stages so that we can move fully to a 20-year rule as oppose to a 30-year rule. We believe that bringing our legislation in line with the British legislation is a worthy effort. At many stages, the British Government has released state records to which this State could not give an effective response due to the imbalance. The release of State records is a crucial tenet, particularly in dealing with the legacy of the conflict in Northern Ireland.

While I am on the subject, I also note how the British state's refusal to release crucial state records in many legacy cases has denied justice to many truth campaigners in Northern Ireland and I reassert on behalf of Sinn Féin the importance of their release and the insistence of this State on their release in any dealings with British diplomats.

Sinn Féin is concerned about certain aspects of this legislation. First, there is much ambiguity about the term "relevant records". The legislation could lead one to believe that the Minister for Culture, Heritage and the Gaeltacht of the day will have the final say on what records are deemed appropriate. This is not responsible legislating. There is no accountability regarding these decisions and no transparency. As a result of this, the 20-year release or denied release of these documents could be down to political reasoning, which I cannot fully trust. Surely a simpler way of doing this would be by mirroring the current legislation which encompasses all records created, regardless of age, which are then transferred to the National Archives when they are 30 years old and we simply reduce that to 20 years old.

Furthermore, the current release of records is ascertained by the director of the National Archives whereas the current legislation proposes that the 20-year release will be subject to a ministerial order after consultation between the Minister and the director of the National Archives. The director is apolitical and independent in the role and has a duty to appraise records and decide whether they should be retained or disposed of. That role could be construed as being undermined in this instance. The arms-length principle here is of utmost importance.

The Bill further gives power to the Taoiseach to amend or revoke an order designating records as "relevant records" but no criteria for this decision are given. Where a future Taoiseach finds State records that could be potentially damaging to his or her party but that are in the public interest, that Taoiseach could potentially defer the release of such records. This move would not be open to public scrutiny and the decision would be unknown to the wider public. I would strongly assert that this section should be reviewed.

The release of these records would enrich our heritage and allow historians to portray a truer sense of a previous generation. Any archivist will know of the destruction of the public record office in the Four Courts during the Civil War and the immense damage it caused to our national memory. When certain historical records are lost, they leave a missing jigsaw piece in the picture of our heritage. Some of the most vital records destroyed were the census records of the 1800s. If they had been retained, we would have insight into pre-Famine Ireland and would gain far more insight from what is now lost. I am somewhat disappointed that this Bill does not include provisions to reduce the release time of the census records we do have.I am somewhat disappointed that this Bill does not include provisions to reduce the release time of records held in the centre. Currently, it is 100 years but there has been a strong campaign to release the 1926 census records. This was the first Free State census. In 2012, the then Minister, Deputy Jimmy Deenihan, had stated he had received Cabinet approval for legislation to release the records earlier than prescribed under the 100-year rule. This was six years ago, and this Bill would have been a fitting place to allow for the release of the 1926 census records. This has long been sought by genealogists and it would definitely enhance our tourism as the access to our diaspora's roots improves. I hope the Minister strongly considers amendments to achieve this on Committee Stage given previous Government promises that have been left unfulfilled.

Sinn Féin will support the Bill on Second Stage but many amendments are needed on Committee Stage.