Paul McGrath (Westmeath, Fine Gael)
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Question 272: To ask the Tánaiste and Minister for Health and Children if her Department has not fulfilled its obligations under the National Archives Act 1986; the period during which her Department has been negligent in this regard; and if she has proposals to comply with the terms of the Act. [1613/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Section 8 of the National Archives Act 1986 requires that departmental records that are more than 30 years old should be transferred to the National Archives where they shall be made available for inspection by the public. However, the Act also provides an exemption from this requirement where records are required in connection with a Department's administration and where their transfer to the National Archives would seriously interfere with the administration of the Department.

The administration of the Department of Health and Children involves, on an ongoing basis, detailed examinations of its records in the context of orders of discovery, tribunals, inquiries, commissions, freedom of information requests and administrative requests, many of which involve the use of pre-1973 records. The Department's business programme also includes an examination of files by professional archivists and the creation of a names index and a centralised records and file tracking system. Owing to the nature of the Department's current administrative programme, much of the Department's file holdings are unsuitable for transfer to the National Archives at this time.

Since 2001, the records management unit of my Department has been in regular contact with the National Archives with the intention of complying fully with the requirements of the National Archives Act 1986. Interim measures agreed and pursued with the National Archives include the following: the transfer in 2003 of more than 300 items, including folder files, box files and bound volumes; the identification of further suites of records suitable for transfer and the preparation of appropriate deposit agreements — to date, space restrictions in the National Archives premises have prevented the physical transfer of these papers; the administrative release of certain records from within the Department using the National Archives legislation as guidelines; the Department's funding of an initiative by the National Archives to microfilm certain record sets that are suitable for transfer, with a view to making the microfilms accessible to the public; the Department's initiative to have certain of its files published on the National Archives website. A pilot in 2004 resulted in eight files being published electronically, with the intention of adding to this set throughout 2005. The Department of Health and Children is fully committed to meeting its obligations under the National Archives Act, and continues to liaise on a regular basis with the National Archives to achieve this.