Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 297: To ask the Minister for Justice, Equality and Law Reform his views on whether his Department appears to be adopting a very restrictive approach in releasing files from 30 years ago to the national archives and on the fact that information relating to the number of files, the name of the files and the file coding numbers is itself regarded as secret; and if he has satisfied himself that all relevant files in his Department were disclosed to Mr. Justice Barron. [2914/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Decisions regarding the retention, withholding and release for public inspection of 30 year old records are made pursuant to the provisions of the National Archives Act 1986.

Responsibility for such decision-making rests with certifying officers at principal officer grade who apply their judgment in the application of primary legislation to particular instances.

In the case of withheld records, the associated withholding certificate containing the file reference numbers and file names is encompassed by the same withholding obligations as the withheld records.

Notwithstanding the provisions of the 1986 Act, I would favour a new approach that would involve greater access being provided to the historic archive of the Department. In that regard, I intend to introduce new procedures to facilitate bona fide research. This would involve the appointment of a group of prominent academic figures to provide advice on the best approach to take, and I have directed my Department to draw up proposals accordingly.

I am satisfied that all files located in my Department of relevance to the subject matters of the independent commission of inquiry were made available to that inquiry.