Written answers

Thursday, 12 July 2018

Department of Justice and Equality

Prison Service

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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229. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 219 of 3 July 2018, if approval is required from his Department or the Irish Prison Service before prison records can be destroyed in a prison by a governor or staff on the governor's behalf; if records are kept of such requests and approval in his Department; if a governor has the authority to make unilateral decisions about destroying prison records without reference to his Department; if he is satisfied with arrangements in place for burning or destroying records relating to prisons and prisoners; and if he will make a statement on the matter. [31734/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I wish to advise the Deputy that under the Nation Archives Act 1986 the Irish Prison Service is required to retain all prisoner files. Prisoner files are classified as records that warrant permanent preservation as archives. Disposal of records of state without the permission of the Director of the National Archives is a breach of Section 7 of the Act.

The National Archives Act applies to records over 30 years old, However, records identified as warranting permanent preservation must be maintained by the creating body, in this case the Prison Service, until they are transferred to the National Archives.

As advised in my previous reply to Parliamentary Question No. 219 of 3 July 2018, there are no records of files being destroyed in Portlaoise prison in the manner referred to by the Deputy. However I would again ask that if the Deputy has any information to confirm that files were destroyed in the manner referred to, he should contact the Director General of the Irish Prison Service with this information and consideration will be given to same.

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