National archives rules in Ireland

The 1986 Act

The National Archives describes the National Archives Act 1986 and the 1988 Regulations as the principal statutes for managing records of Departments of State, including their disposal or retention as archives ⁵. It says no legislation takes precedence over the 1986 Act on the management of public records, and its provisions must be followed before records are destroyed, retained or withheld ⁵.

Section 7 says departmental records must be kept and preserved in the department, except where they are transferred under section 8 or disposed of under an authorisation ¹. Where more than one copy exists, keeping the original, or an accurate and complete copy if the original is gone, is enough ¹.

How disposal is authorised

• An authorised officer of the department certifies that specified records are not needed for its administration and asks for an authorisation in writing ¹.
• The Director, or an officer the Director designates, must be satisfied that the records do not warrant preservation by the National Archives ¹.
• For Supreme Court or High Court records, the Chief Justice or the President of the High Court must consent ¹.
• Records covered by an authorisation are destroyed in a way that protects confidentiality and makes their contents unascertainable ¹.
• An authorisation can cover classes of records not yet in existence ¹.

Transfer and the certificates that delay it

Section 8(1) requires departmental records more than 30 years old to be transferred to the National Archives, where they are made available for public inspection, where no certificate is in force ².

Reviews and access

Records kept back under section 8(5) must be reviewed by an authorised officer at least once every five years for possible transfer ². Section 10 makes archives available for public inspection, except departmental records under the transfer age and records covered by a section 8(4) certificate ³. Archives withheld from public inspection for more than 30 years must be reviewed at least once every five years ³.

A member of the Government can grant a request for access to records of their department that are less than 30 years old ³. The Director can restrict inspection of archives at risk of damage, but must make copies available where possible ³.

The 2018 move toward 20 years

The National Archives (Amendment) Act 2018, dated 14 July 2018, defines relevant records as departmental records more than 30 years old, or between 20 and 30 years old where a ministerial order applies ⁴. The Minister can order transfer of classes of records more than 20 years old, and can appoint a day from which all departmental records more than 20 years old are transferred, once satisfied that arrangements are adequate ⁴.

The National Archives says the 2018 Act extended its remit to departmental records 20 years and older relating to Anglo-Irish matters, to align with UK changes that brought in a 20-year rule ⁵. It says the 20-year rule started with records of the Departments of the Taoiseach, Foreign Affairs and Justice and the Office of the Attorney General ⁵. In the UK, The National Archives moved two years of records a year from 2013 to 2022 to reach the 20-year point ⁶.

Destruction and access requests

The Freedom of Information Act 2014 adds a criminal rule. Where an FOI request has been made for a record, a person who without lawful excuse and with intention to deceive destroys or materially alters it commits an offence, with a class B fine on summary conviction ⁷. An FOI body may refuse a request where the record does not exist or cannot be found after all reasonable steps to find it ⁸.