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Da´Il E´Ireann Vol. 632 Tuesday, No. 4 27 February 2007 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 27 February 2007. Ceisteanna—Questions Taoiseach ………………………………… 689 Minister for the Environment, Heritage and Local Government Priority Questions …………………………… 703 Other Questions …………………………… 716 Adjournment Debate Matters …………………………… 722 Leaders’ Questions ……………………………… 723 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 733 Order of Business ……………………………… 734 Medical Practitioners Bill 2007: Second Stage (resumed)……………………………740 Referral to Select Committee ………………………… 741 Business of Da´il……………………………… 742 EU Partnership and Co-operation Agreements: Motions ………………… 743 Communications Regulation (Amendment) Bill 2007 [Seanad]: Second Stage ………… 743 Private Members’ Business Domestic Violence: Motion ………………………… 769 Message from Seand ……………………………… 795 Communications Regulation (Amendment) Bill 2007 [Seanad]: Second Stage (resumed)……………………………795 Referral to Select Committee ………………………… 803 Adjournment Debate Youth Division Projects …………………………… 803 Child Care Services …………………………… 808 State Airports ……………………………… 812 Questions: Written Answers …………………………… 817 689 690 DA´ IL E´ IREANN The Taoiseach: I propose to take Questions Nos. 1 to 6, inclusive, together. ———— The evaluation of files for release to the National Archives is carried out by designated De´ Ma´irt, 27 Feabhra 2007. officials in my Department. I have no role in that Tuesday, 27 February 2007. process. As files are processed for release each year, it is normal that some are certified by the ———— appropriate official for retention on the grounds set forth in the Act. Under section 8(6) of the Chuaigh an Ceann Comhairle i gceannas ar National Archives Act 1986, provision is made 2.30 p.m. for the review of closed records at five-yearly intervals from the date the certificate to withhold ———— the records is made. My Department complies with its statutory obligation in this regard. Paidir. A total to 724 files or file parts were trans- Prayer. ferred to the National Archives to be released for public inspection on 1 January 2007. Six files were ———— withheld, of which two were withheld under section 8(4)(a) of the Act, one under section Ceisteanna — Questions. 8(4)(b) and (c) and one under section 8(4)(c)of the Act. On the advice of the Attorney General, ———— two files were withheld under the 75-year Euro- pean Court of Human Rights rule. Departmental Files. Mr. Kenny: What kind of files were withheld? 1. Mr. Kenny asked the Taoiseach the files Does the Taoiseach have the number of files that which were released recently by his Department have not been released and to what they relate? under the National Archives Act 1986; and if he I note that, according to a recent newspaper will make a statement on the matter. [43888/06] article, the son of Rudolf Hess wrote to the former President, Mr. de Valera, in 1968, asking 2. Mr. Kenny asked the Taoiseach the number him to petition for the release of his father from of files withheld by his Department from the Spandau prison in Berlin. The Taoiseach will be National Archives in respect of 1976; and if he well aware of the story. The Secretary General of will make a statement on the matter. [43892/06] the Department of External Affairs, as it was then known, responded by saying that no further 3. Mr. Rabbitte asked the Taoiseach the action was considered necessary and that the let- number of files withheld by his Department ter should just be acknowledged. The more things regarding the files transferred to the National change, the more they stay the same. Archives in respect of 1976; the numbers with- Does the Taoiseach have a list of what else has held under section 8(4)(a) of the National been released? Is it available in the Oireachtas Archives Act 1986; the number withheld under Library or on the Internet? How does the average section 8(4)(b); the number withheld under person access such information if he or she should section 8(4)(c); and if he will make a statement so wish? on the matter. [1001/07] The Taoiseach: The files are sent to the 4. Caoimhghı´nO´ Caola´in asked the Taoiseach National Archives every year so all of the records the procedures in place for review of decisions by will be there. Of the six files in question, two were his Department to withhold files from the withheld under section 8(4)(a) of the Act, which National Archives under the National Archives relates to public interest, one was held under Act 1986, including files withheld in relation to section 8(4)(b), which relates to information 1976; and if he will make a statement on the obtained in confidence, and one was held under matter. [3728/07] section 8(4)(c), which relates to distress or danger of defamation. In practice most of the files with- 5. Mr. J. Higgins asked the Taoiseach the held concern personal security matters. The number of files withheld by his Department from European Court of Human Rights restricts the the National Archives in respect of 1976. release of documents for 75 years and we observe [4432/07] such restrictions when we have documents on file from that body. This year two files were withheld 6. Mr. Sargent asked the Taoiseach if he will on this basis, both of which related to the case report on the files that were released to the taken against the British Government for the ill National Archives in respect of 1976; the number treatment of internees in Northern Ireland. of files withheld; the reason for withholding these files; and if he will make a statement on the Mr. Kenny: Is it true that they were withheld matter. [6325/07] partially because there are persons living who 691 Ceisteanna— 27 February 2007. Questions 692 [Mr. Kenny.] Mr. Ferris: Will the files from 1976 which were may be affected by the consequences of their withheld and not released in January 2007 be con- release? Are those persons in the Republic of sidered for review in January 2008? Regarding Ireland or Northern Ireland and is this why the the 1976 files relating to the Sallins mail train rob- files have not been released or does the bery and the subsequent framing of people for Taoiseach have this information? that raid, were any files withheld relating to the operation of the Garda heavy gang at the time? The Taoiseach: Even the names of most of Regarding the inquiry into the Dublin- these files are not given because that would be Monaghan bombings, did Mr. McEntee SC have too much information. Not many files are with- full access to all files relating to the matter, held every year — between five and nine files including those not released, under the National each year in recent times — and most relate to Archives Act? people in Northern Ireland who wrote to the Taoiseach of the day with information. While the The Taoiseach: No files relating to the Sallins files come under the category of public interest robbery were held in my Department. They information obtained in confidence, distress or would have been Garda files or files held by the danger, they all relate to the security situation. Department of Justice, Equality and Law Reform. As I stated, the only files in my Depart- ment related to the security situation and only a Mr. Rabbitte: During the Taoiseach’s term of very small number of files were held back. The stewardship, how many of the files withheld have files related to security information and we had been transferred to the archives? no files relating to the issues the Deputy mentioned. The Taoiseach: Very few, to the best of my On the McEntee inquiry, on which we will have knowledge. I have the figures from 1999 and later questions later, any appropriate files, either and no file or part-file was withheld in 1999 or in Garda files or otherwise, were available. I will the few preceding years. The 30 year rule affects deal with the matter when we come to the files from the 1969 to 1970 period so in 2000 and question. 2001 there were 12 and 13 such files. The figures for the years after this were five, five and six. Mr. Boyle: In light of the Taoiseach’s response Almost all of these files related to security infor- to Deputy Rabbitte concerning the five-yearly mation supplied in writing by people. Inevitably, review, how many files have been subject to mul- given the times, a number of documents con- tiple reviews? The Taoiseach referred to the tained sensitive or confidential information about period from 1999 onwards. Do the files withheld individuals. In some cases the information may relating to 1976 concern a single incident or a not have been accurate but it was supplied by number of incidents? Are the same people cited individuals and no assessment is made as to the in each of them or do they relate to different accuracy of the information supplied in the files. groups of people? I understand officials from my Department The Taoiseach appeared to indicate to Deputy made every effort to ensure documents were Rabbitte that some files may have been withheld released in their entirety where possible and to avoid embarrassment to people who corre- sought the release of papers relating to political sponded with members of the Government. Will contacts between the Irish and British Govern- he explain the security implications of withhold- ments and policy considerations of the Govern- ing such correspondence? ment of the time. Files withheld tended to relate Has the Department of the Taoiseach suc- to security information and information supplied ceeded in creating a computer database of by individuals in this regard.
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