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Withholding departmental records

The National Archives Act, 1986, 8(4) allows records to be withheld from public inspection if their release:

• Would be contrary to the public interest
• Would or might constitute a breach of statutory duty, or a breach of good faith on the ground that they contain information supplied in confidence
• Would or might cause distress or danger to living persons on the ground that they contain information about individuals, or would or might be likely to lead to an action for damages for defamation.

A Certificate of Withholding from Public Inspection of Departmental Records, signed by the Certifying Officer, must be sent to the Consenting Officer in the Department of the Taoiseach for approval.

A Certificate of Withholding from Public Inspection of Departmental Records that is not approved by the Consenting Officer is not valid and records cannot be withheld.

Any records that are withheld must be reviewed by the Certifying Officer every 5 years. If the original reason for withholding the record is no longer valid the record must be transferred to the National Archives to be released to the public.

Completing a Certificate of Withholding from Public Inspection of Departmental Records under the National Archives Act, 1986 8(4)

• Before records can be withheld by a Department of State, a Certificate of Withholding from Public Inspection of Departmental Records must be completed.
• The Certificate must completed on departmental headed paper and signed by the Certifying Officer.
• The Certificate should be attached to the schedule of records to be withheld from public inspection.
• The records are retained in the Department of State once the necessary permission has been obtained.
• In accordance with the National Archives Act, 1986 Regulations 1988 7(1), the completed Certificate of Withholding from Public Inspection of Departmental Records, along with a schedule detailing records to be withheld, must be sent to the Consenting Officer, Department of the Taoiseach, for signature.
• If the Consenting Officer is satisfied the request is justified, a counter-signed certificate will be returned by the Department of the Taoiseach. However, if the request is declined, the record must be transferred to the National Archives and made available for public inspection.

A sample certificate to withhold records, or part of a record, under section 8(4), regulation 7 is available at Appendix 5, National Archives Act, 1986, Regulations, 1988.

Completing an Abstraction Form

• An abstraction form(s) must be completed for each document removed from a file due to be transferred to the National Archives. The abstraction slip(s) must be placed in the location on the file where each document has been removed.
• Each abstraction form should be printed, completed and signed by the Certifying Officer.
• Each completed abstraction form should include the reference code, the number of documents abstracted, the date of the document and a brief description of the document.
• A description may be entered in respect of two or more related documents in the same location in the file; for example, Garda report and covering letter.
• The Certifying Officer must sign each abstraction form.
• The completed abstraction form(s) should be put on the file in place of the removed document(s).
• All forms of Abstraction of Part(s) of a Record Pursuant to Regulation 8 must be reviewed by the Certifying Officer every 5 years. Where the reason for the original abstraction no longer exists the documents must be transferred to the National Archives and placed on the original file.
• In some cases, it may be more appropriate to abstract individual documents from a file, and transfer the file to the National Archives rather than withholding the entire file from public access. Abstraction is only appropriate in cases where a small number of documents are to be removed from a file.

A sample Abstraction Form under section 8(4), regulation 8 is available at Appendix 6, National Archives Act, 1986, Regulations, 1988.